ACPF Mail Magazine No.3
Japanese click here
【 To our readers 】
The state of emergency throughout Japan was lifted on 25 May 2020 but provided only short relief. The number of COVID-19 infected persons has been increasing again. It is at least some consolation that the number and the percentages of deaths and severely ill patients have not increased rapidly when compared with those of the USA, Europe and some other countries or regions.
Under these circumstances, the United Nations Office on Drugs and Crime (UNODC) and the Government of Japan announced on 31 July 2020 the dates of the rescheduled the Fourteenth United Nations Congress on Crime Prevention and Criminal Justice (Kyoto Congress):
Kyoto Congress Youth Forum: 27 (Saturday) to 28 (Sunday) February 2020 (2 days)
Kyoto Congress: 7 (Sunday) to 12 (Friday) March 2020 (6 days)
Venue: Kyoto International Conference Center
(MOJ Japan) http://www.moj.go.jp/KYOTOCONGRESS2020/en/
(UNODC) https://www.unodc.org/congress/
The Minister of Justice of Japan commented that ministry would like to make full use of online conference systems to demonstrate a new model for international conferences in the age of COVID-19, which will encourage organizers of the Congress to develop new ideas and strategies in various manners.
Information on the Kyoto Congress can also be found on the ACPF website: https://www.acpf.org/english
When it comes to the Congress, we should not forget the late SHIKITA Minoru, former chairperson of the ACPF. It is well-known that Mr. Shikita made great contributions by dedicating himself to international cooperation activities for the development of crime prevention and criminal justice throughout the world. He devoted many years of his 40-year career as a public prosecutor to international cooperation; he worked at the UN Headquarters in New York and the UN Office in Vienna; and he established the ACPF. In the end, he participated in the UN Crime Congress nine consecutive times, and when arguments that the Congress was unnecessary were raised in the 1990s, he strongly objected by asserting the importance of the UN Congress, specifically for countries in Asia. Mr. Shikita pointed out that Asia, due to its historical background and the diversity of legal systems and languages, had no forum like in Europe and the Americas that would make it possible for member states to get together to discuss issues. In the end, the Congress was not abolished, and it will be held again in 2021. This is Mr. Shikita’s invaluable achievement.
Please see ACPF Magazine No. 60 for detailed information.（https://www.acpf.org/wp-content/uploads/2018/01/acpf60.pdf）
The third anniversary of Mr. Shikita’s death was 12 September. The reason why we chose 12 September as the publication date is to recall Mr. Shikita’s achievements and reflect on his legacy. When Mr. Shikita faced difficulties, he passionately addressed them with wisdom and ingenuity, and overcame them. During the COVID-19 pandemic, how should the ACPF address international conferences and international cooperation activities? Mr. Shikita is surely watching over us with his warmhearted smile and his disciplined attitude, which he always displayed when facing difficulty.
The ACPF Mail Magazine No. 3 presents part one of a lecture titled “The Amendment of the Anti-Monopoly Act and Issues in Practice” by Mr. MAKUTA Hideo, former commissioner of Japan’s Fair Trade Commission. This issue also contains part three of former prosecutor YAMASHITA Terutoshi’s article “Is Japanese Criminal Justice in the Middle Ages?!” We hope you find these articles interesting.
For your reference, reprinting or copying the contents of this Mail Magazine does not require ACPF’s consent as long as the source is clearly stated.
【 １．Prefatory Note 】
Prosperity without Crime and COVID-19!!
In this issue, Mr. KISHIDA Yoshifumi, executive director in charge of legal affairs at Nomura Securities Co., Ltd., has written the Prefatory Note: →Corporate Legal Services during the Spread of COVID-19
【 ２．ACPF Live & Library 】
This section provides information about recent ACPF activities, including past events and forums.
(1) “The Amendment of the Anti-Monopoly Act and Issues in Practice” (ACPF Forum No. 2)
Lecturer Mr. MAKUTA Hideo
Former Commissioner, Fair Trade Commission, Attorney at Law (Former Chief Prosecutor)
On 3 October 2019, the ACPF held its second forum. The amendment of the Anti-Monopoly Act (the “Act”) primarily aims for strictness and flexibility in the calculation of the amount of fines in cases of violation of the Act, in particular the introduction of the reduction of, and exemption from, fines in accordance with the degree of cooperation with the investigation when the enterprise voluntarily confesses the violation (leniency). The Act also partially introduced attorney-client privilege (protection of the contents of consultations with an attorney in the investigation of cartels). Nowadays, even in the system of shiho torihiki, so-called “plea bargaining”, and in the field of the Anti-Monopoly Act, law enforcement procedures have become diversified and flexible by introducing the commitment procedures and others. The Act was enacted after a two-year debate. Since there are few commentaries on the contents of the amendment, this lecture contains what the employees of corporate entities, regardless of their size and industry type, want to know.
→Contents of the Amendment of Anti-Monopoly Act and Issues in Practice (1)
(2) “Is Japanese Criminal Justice Still in the Middle Ages?!” (Sequel)
Speaker : Mr. YAMASHITA Terutoshi
This is the third part of the first ACPF Forum titled “Is Japanese Criminal Justice Still in the Middle Ages?!”, which was held in June 2019. It comments on the fact that a defendant has no right for an attorney to be present during questioning from the viewpoint of the functional balance in the criminal justice system.
→“Is Japanese Criminal Justice Still in the Middle Ages?!”(3)
【 ３．Legal Updates 】
This section introduces recent legal information which is available to the public for our readers’ reference. In this issue, commentaries on amended laws, which are increasing nowadays, are also covered.
（１）Commentaries on Amended Laws
・Relevant ordinances to be prepared for the coming into force of the Amendment of the Anti-Monopoly Act (Fair Trade Commission)
→About the Leniency Program effective as of 25 December 2020
(Increase in the maximum fine for obstruction of investigation, and reduction of the proportion of fines)
・Amendment of the Act on Whistle Blowers Protection (Consumer Affairs Agency) Proclaimed on 12 June 2020)
→Q&A on the Amended Act (August 2020 version ( in Japanese))
→English version of the Act (Contents of Amendment of the Act)
・Revision of Age of Majority (Ministry of Justice)
・Authorization of Holographic Wills (Ministry of Justice), proclaimed on 10 July 2020
→Summary of the system, procedures, Q&A ( in Japanese)
（２）Measures against COVID-19
★ Ministry of Economy, Trade and Industry
★ Ministry of Social Welfare and Labor
【 ４．From the Secretariat & Branches 】
This corner provides information from ACPF branches and related organizations in Japan and abroad.
Issue No. 3 provides a message from the ACPF Saitama Branch.
（１）Greetings from the ACPF Saitama Branch.
(Note) Saitama Prefecture, Land of Colors. ACPF has obtained permission to use this logo.
It does not necessarily mean that the local government supports the ACPF.
The ACPF Saitama Branch, founded on 15 February 1992, is the ACPF’s second branch organization. The branch inaugurated a friendship agreement with ACPF Pakistan and has been contributing to international cooperation through continuous interaction with branch members in Kenya who are mainly volunteer probation officers.
Message from ACPF Saitama Branch・・・Click here
（２） ACPF Branches in Japan
For more detailed information, see ACPF Website
ACPF’s overseas cooperative organizations are as follows:
【５．Column & Editorial Note】
Column No.3: Three Principles of Internatinal Cooperation
Although there are many sets of “three principles” throughout the world, I would like to introduce a principle of great importance to the late Mr. SHIKITA, former chairperson of the ACPF, to pay respect to him on the anniversary of his death (12 September). He taught us・・・
If you have suggestions or concerns about the content or layout of this Mail Magazine, please send them to info@acpf.org.