일본의 소년형사사건에 대한 재판원재판의 동향

Abstract

Japanese Juvenile Justice System takes Family Court Prior Consideration System. Thus, in order to impose a criminal treatment to a juvenile offender, Family Court should send him/her back to a prosecutor. According to the recently revised juvenile justice that has a tendency of giving severe punishment, a juvenile offender who is over 16 years old and committed murder or heavy crimes is supposed to be sent to the public prosecutor for criminal treatment(2nd clause of article 20). And　yet, there are some exceptions that the Juvenile offender may not be sent to the prosecutor in case that it can　be　regarded　as　any　other　treatment　than　criminal one.　Since　the　Civic　Participation　System　has　firstly been　conducted　in　Japan in May　2009,　there　are　just a few juvenile　cases　conducted　by　Civic Participation System be cause of controlled management of Family Court on juvenile cases. Although the cases are very few, there were some cases sent back to prosecutor and was conducted by Civic Participation System. However, there are some impressions that juvenile offenders did not seem to be treated and prepared appropriately and specially in the Civic Participation Court. Therefore, I have some suggestions here: First,juvenile criminal cases should be unopened to the public in the Criminal Court under the Civic Participation System; Second, the fact that the seriousness of criminal actions only focused in the Civic Participation Court rather than considering protective measure should be revised;Third, after examining all the social enquiry of juvenile offenders, jury should decide the availability of protective measure. As a result, the key to success of the Civic Participation System on juvenile criminal cases depends on the availability that juries can send juvenile offenders back to Family Court for protective measure.