Japanese   click here

【 To our readers 】

In Japan

In November 2020, the number of persons newly infected with COVID-19 is drastically increasing, even in Japan. On 5 November, 30 words were revealed as the top nominations for a contest to select the best new words and phrases of 2020. Half of them are COVID-19 related words, including the phrase “new lifestyle”. During the “stay home” period, a new game on Nintendo Switch titled “Animal Crossing: New Horizons” has become incredibly popular, and soon after the popular comic titled “Demon Slayer” was made into a movie. As a result, an unprecedented boom occurred when many people turned out to movie theaters. Although their genres differ, people were attracted by their quality.

International

Internationally, instability continues including the Black Lives Matter movement, the election of the US president, and further lock downs in Europe. Although the ACPF Mail Magazine No. 3 informed our readers of the new dates of the Fourteenth UN Congress on Crime Prevention and Criminal Justice (Kyoto Congress) (7 to 12 March 2021), new information on concrete programmes, scale, and administrative procedures have not been revealed yet, four months after the new dates of the Congress were publicized. It is no wonder because the UN and the Ministry of Justice of Japan are not used to large-scale online conferences.

Public Lecture on Criminal Policy (New Method)

UNAFEI is a regional training institute for criminal justice officials in developing countries who are invited through JICA. Although all of UNAFEI’s training courses (in person) have been suspended for fiscal 2020, UNAFEI has held two webinars for UNAFEI alumni. By taking the experiences, UNAFEI, in cooperation with the Japan Criminal Policy Society and the ACPF, will be able to hold a public lecture in person at the conference hall of the Ministry of Justice and online from 4 p.m. on 29 (Friday) January 2021. Although the public lectures are held for an audience in Japan, the new method makes it possible to participate from abroad. Holding the public lecture online may serve as inspiration for the Kyoto Congress. I hope you will keep the date for the public lecture. The details of the public lecture will be released soon.

As a member organization of UN NGOs

The ACPF is registered as a public incorporated foundation in Japan and a UN NGO internationally. NGOs which have relationships with the UN Office on Drugs and Crime have been cooperating with the UNODC for more than 20 years. They founded the Alliance of Crime Prevention and Criminal Justice of UN NGOs on 11 October 2019. Its purposes are to promote cooperation between its members and the UNODC and relevant offices of the United Nations including those related to human rights, children, women, terrorism, refugees, migration, peacekeeping and development issues.

Please refer to the following information, which provides an overview of the Alliance.

The Alliance website（English）

Statutes （English）

Bylaws （English）

Board of Members （English）

The Alliance holds formal meetings as well as informal meetings (Web meetings).  Informal meetings start from 22:30 or 23:30 (Japan standard time) due to the time difference. The meetings provide opportunities to learn about the administration of the UN including the UNODC. Ms. Jolanta Redo, ACPF permanent representative to the UN Office in Vienna, is also a director of the Alliance. She attends each of the Alliance’s meetings,  while ACPF members in Japan attend the meetings if time permits.

The ACPF Mail Magazine No. 4 presents part two 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 four of former prosecutor YAMASHITA Terutoshi’s article “Is Japanese Criminal Justice in the Middle Ages?!” and message from Ms. Jolanta Redo. We hope you find these articles interesting.

The contents of this Mail Magazine may be copied or reprinted without ACPF’s consent as long as the source is clearly stated.

【 １．Prefatory Note 】

　　Prosperity without Crime and COVID-19!!

In this issue, Mr. IMAFUKU Shoji, Director-General, Rehabilitation Bureau, Ministry of Justice has written the Prefatory Note. Mr. IMAFUKU is a former professor of UNAFEI, and was instrumental in holding the Third World Congress on Probation in Tokyo. He is a strong supporter of international cooperation.

→ACPF and Community-based Treatment

【 ２．ACPF Live & Library 】

This section provides information about recent ACPF activities, including past events and forums.

(1) “The Amendment of 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 primarily aims for a strict but flexible system for the calculation of the amount of the surcharge for violations of the act. In particular, the act introduces the reduction and exemption system for surcharges in accordance with the degree of cooperation in the investigation when the enterprise voluntarily confesses the violation (leniency), and partial introduction of lawyer and client privilege (confidentiality of communications with an attorney during cartel investigations). Part two of the lecture introduces “the new system of reduction and exemption of surcharge” in detail. Nowadays, even under 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 commitment procedures and others. The Act was enacted after a two-year-long debate. Since there are few commentaries on the contents of the amendment, this lecture contains what the employees of corporations, regardless of their sizes and industry types, want to know.

→Contents of Amendment of the Anti-Monopoly Act and Issues in Practice (2)

(2) “Is Japanese Criminal Justice Still in the Middle Ages?!” (Last)

Speaker : Mr. YAMASHITA Terutoshi

This is the fourth part of the first ACPF Forum titled “Is Japanese Criminal Justice Still in the Middle Ages?!”, which was held in June 2019. It offers commentary on differences between the ways of thinking in the West and the East by focusing on the word “justice” in Mr. Carlos Ghosn’s saying that he did not escape from “justice”.

→”Is Japanese Criminal Justice Still in the Middle Ages?!” (4)

【 ３．Legal Updates 】

This section introduces legal information which is available to the public for our readers’ reference. Please refer to ACPF Mail Magazine No. 3 for the Amendment of the Act on Whistle Blowers Protection, Lowering of the age of majority, and Authorization of Holographic Wills.

(1) Laws, Measures and Commentaries

☞ The Amendment of the Anti-Monopoly Act (Fair Trade Commission) effective as of 25 December 2020

→New system chart and video commentary on main points of the amendment (in Japanese only)

→Japan Fair Trade Commission (English Site)

☞ Proposal for the use of online platforms for the general meetings of stockholders (Japan Business Federation)

          →Toward fully virtual general meetings of stockholders (in Japanese only) 

A comparison chart of in-person meetings in the room, hybrid meetings (partially online meeting), and fully virtual meetings is added.

→Japan Business Federation(English Site)

(2) Measures against COVID-19

★ Japan Business Federation→English Site

★ For information on relevant agencies→ACPF Mail Magazine No. 3

(3) Court and Ministry of Justice

☞Supreme Court Rulings

A legal essay by a family court investigation officer featuring a juvenile protection case and violation of privacy (negative)(in Japanese only) 

In the above approval procedure, did senior officers of the investigation officer have a duty of care by making him amend the legal essay? (negative) (in Japanese only)

☞Renovation of Justice and Prosecutorial Service Meetings

6^th Meeting (15 October 2020)

Opinions of the criminal justice system in Japan toward overseas criminal justice systems (relating to the defendant, Carlos Ghosn)

7^th Meeting (15 November 2020)

Basic Guidelines for improving services (draft)(in Japanese only) 

【 ４．From the Secretariat & Branches 】

This corner provides information from ACPF branches and related organizations in Japan and abroad. Issue No. 4 provides a message from Ms. Jolanta Redo, ACPF permanent representative to the UN office in Vienna.

(1) Greetings from Vienna

Ms. Jolanta Redo lives in Vienna and continuously supports the ACPF’s activities as a UN NGO. Her article provides information on the significance of the ACPF permanent representative to the UN Office in Vienna, her concrete activities, the recent situation of the COVID-19 pandemic in Vienna, and preparations for the 2021 Kyoto Congress.

・・・  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. ４:　Importance of “Ma” (Distance) in Japan / Editorial Note: Dreams in the 21st Century

The main point of the phrase “new lifestyle” is about keeping social distance. Although people in Western countries are not accustomed to distance, Japanese people are familiar with it. In many countries, it kissing, hugging, and shaking hands are common greetings. But Japanese people basically･･･continued

If you have suggestions or concerns about the content or layout of this Mail Magazine, please send them to info@acpf.org.

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)

→Lowering of the age of majority (from 20 to 18 years old), including the age of marriage ( in Japanese)

・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

★ The Cabinet Office

★ Ministry of Economy, Trade and Industry

★ Ministry of Justice

★ Ministry of Foreign Affairs

★ 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・・・

continued

If you have suggestions or concerns about the content or layout of this Mail Magazine, please send  them to info@acpf.org.

Japanese   click here

【 To our readers 】

The declaration of the state of emergency issued in Japan on 7 April 2020 was lifted in 39 prefectures on 14 May, and then it was lifted in three more prefectures in the Kansai area on 21 May, and then it was lifted in all prefectures on 25 May. However, COVID-19 has had big impacts on Japan and on other countries. Continuous caution against the second and third waves is still needed, and it will take time for citizens’ normal lives to be restored as before.

To help address these hardships, the ACPF started publishing this ACPF Mail Magazine. Some of the readers of the first issue responded as follows:

• “It is good to make efforts to identify problems and bring them to the foreground.”
• “I have an interest in Ghosn case.”
• “The article on the 99.9% conviction rate is brilliant and informative.”
• “The Column and the Editor’s note are also interesting.”
• “I felt awareness and solidarity with other ACPF members.”

I would like to express my gratitude for these encouraging responses.

The ACPF Mail Magazine No. 2 presents a lecture titled “Corporations and SHIHO-TORIHIKI” (similar to so-called “Plea Bargaining”), by Mr. ONO Kotaro, a former Prosecutor General. This issue also carries part 2 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, Vice-Chairperson Mr. SHIMAOKA Seiya has written a Prefatory Note: →After COVID-19

【 ２．ACPF Live & Library 】

This section provides information about recent ACPF activities, including past events and forums.

(1) “Corporations and SHIHO-TORIHIKI” (similar to so-called “Plea Bargaining”, from the third ACPF Forum)

Lecturer Mr. OHNO Kotaro

Former Prosecutor General, Chairperson of International Civil and Commercial Law Center (Public Interest Incorporated Foundation), and Councilor of ACPF.

On 4 February 2020, the ACPF held its third forum, which was jointly conducted with the Association of Legal Corporate Departments, the Japan Institute of Business Law, and the International Civil and Commercial Law Center. It was called the “Joint Forum of Corporations and Law”. “SHIHO-TORIHIKI”, which is the Japanese version of plea bargaining, is a new and important reality for companies doing business in Japan. Mr. Ohno described what the system is and how companies should face it, and the Q&A section which followed was lively. This lecture was given shortly after the escape abroad of Mr. Carlos Ghosn, who had been arrested and charged for various crimes, and so the lecture referred to his case too. At present, you can access the text in Japanese only, through the International Civil and Commercial Law Center Website. We hope you will read it.

→”Corporations and SHIHO-TORIHIKI” (similar to so-called “Plea Bargaining”), pp.1-23

→Handouts displayed in the forum (pp.1-27)

→Resume distributed in the forum (pp.1-2)

(2) “Is Japanese Criminal Justice Still in the Middle Ages?!” (Sequel)

Speaker : Mr. YAMASHITA Terutoshi

This is the second part of the first ACPF Forum titled “Is Japanese Criminal Justice Still in the Middle Ages?!”, which was held in June 2019. It contains comments on the propriety of criticisms of Japanese criminal justice stated by Mr. Carlos Ghosn and by foreign countries, including the claim that “hostage criminal justice” is prevailing in Japan, with long periods of pre-trial detention and the withholding of bail forcing the accused to confess. Are these claims true?

See → “Is Japanese Criminal Justice Still in the Middle Ages?!”(2)

【 ３．Legal Updates 】

This section introduces recent legal information which is available to the public or for which permission was given by the organization concerned, such as ShojiHomu (Commercial Law Center, Inc.). Zaitaku Shojihomu, referred to below, has a special link giving a variety of useful information on the COVID-19 pandemic.

（１）Practices to address COVID-19

・Policies on Social Welfare & Labor→Q&A about addressing COVID-19

・ General/detailed information→Zaitaku Shojihomu (in Japanese only).

(Note: Renewal of information in Zaitaku shoujihomu will cease as of the end of June.)

（２）Renewal of other information on addressing COVID-19 in the Ministry of Justice, the National Police Agency, and the Prime Minister’s Office

・Ministry of Justice→MOJ Information

・National Police Agency→NPA Information

・Prime Minister’s Office→PMO Information

（３）Important laws and ordinances enacted and promulgated during the present session of the Diet

・Amendment of Act on Protection of Individual Information

→An Outline of the Amendment (in Japanese only)

→A Comparative Table of the prior and amended articles (in Japanese only)

Amendment based upon reviewing procedure every three years as stipulated in article 10 of the supplementary provision

Reinforcement of individual information right, Reinforcement of duties of business operator (obligation to report in case of leakage, prohibition of inappropriate usage), creation of Japanese syllabary processing system, strengthening of penalty, enforcement of control against extraterritorially applied and boarder transgressing data, etc.

・Punishment by typification of so-called tail gating driving

→Bill Outline of the Amendment of “Act on Punishment of Acts Inflicting Death or Injury by Driving a Motor Vehicle, etc. ”(in Japanese only)

→A Comparative Table of the prior and amended article  (in Japanese only)

・Amendment of Whistle Blower Protection Act

→An Outline of the System　（in Japanese only）

Material of Customer Affairs Agency

→An Outline of the System and An Outline of the Amendment

・Amendment of Copyright Act

→An Outline of the Amendment ( in Japanese only )

Outline of Regulations

→ Outline of Reguiaitions  (in Japanese only )

【 ４．From the Secretariat & Branches 】

This corner provides information from ACPF branches and related organizations in Japan and abroad.

Issue No.2 also provides a message from the ACPF Nagoya Branch.

（１）Greetings from the ACPF Nagoya Branch.

The ACPF Nagoya Branch is the first branch in Japan, established on 29 January 1992.

It has inaugurated a friendship agreement with the Philippine ACPF and it has been contributing to international cooperation in Japan and abroad for a long time.

For face-to-face greetings from the ACPF Nagoya Branch, please click here.

→Memorandum of Agreement with the Philippine side (revised in 2017)

（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.2:  Meeting & Greeting Patterns among People in Different Ages

It used to be that interaction among people was within the frame of mutual face-to-face relationships. New Year greetings were also done by making courtesy call visits to other people’s homes. But that style was replaced by New Year Greeting Cards, which were said to be widely used・・・continued

If you have suggestions or concerns about the content or layout of this Mail Magazine, please send to info@acpf.org.

Japanese　click here

The UNODC and the Government of Japan decided and announced the new schedule of the Fourteenth UN Congress on Crime Prevention and Criminal Justice. (KYOTO Crime Congress).

KYOTO Crime Congress

7 to 12 March 2021 (Six days)

Venue: Kyoto International Conference Center

Youth Forum for KYOTO Crime Congress

27 and 28 February 2021 (Two days)

Venue: Kyoto International Conference Center

UNODC URL: https://www.unodc.org/congress/

MOJ Japan URL: http://www.moj.go.jp/KYOTOCONGRESS2020/en

The Minister of Justice of Japan commented “We would like to show a new model of International Conference in this era of “Post COVID-19” or “With COVID-19” through the use of online-meetings, virtual platforms, etc.