2021년 일본 소년법 개정에 관하여 : 18·19세 소년(특정소년)의 새로운 처분을 중심으로 -

Abstract

On March 2021, the bill for partly amending the Juvenile Act was submitted to the National Assembly. It was formed as it is on May 21, 2021 and will be implemented from April 1, 2022. The Juvenile Act and Criminal Act Subcommittee (for Juvenile Age and Offenders Treatment) of the Judiciary Committee has paid attention to the fact that 18 and 19 years old youths have the right to vote as a result of the amendment to the Public Office Election Act and they are treated as adults from 2022 as a result of the amendment to the Civil Act, and considered lowering the age at which the Juvenile Act is applicable. The amendments that have been completed through long discussions define 18 and 19 years old youths as “Specific Juveniles” and treat them different from persons under the age of 18 by making an exception. In other words, although 18 and 19 years youths still cannot be considered full-grown youths, they are beings expected to participate in the society with responsibilities having the right to vote and, therefore, they are defined as intermediate persons between juveniles and adults. The basic framework of the current Juvenile Act un which all cases are forwarded to family courts and probation is determined by conducting investigations and rendering a judgment, remains effective as to specific juveniles. As a result of these amendments, however, as for 18 and 19 years old youths, the scope of the so-called “referral to public prosecutor in principle” extends to the offenses punishable by imprisonment with or without forced labor for a short term of one (1) year. Moreover, the provision defining juveniles likely to commit a crime in the future is not applicable (as an exception for probation). The exception of report prohibition is applicable after indictment. If a suspect is forwarded to the prosecution and then, is subject to criminal judgment, an indefinite term of sentence does not apply and the exception of restrictions on qualifications does not apply as well (which means that they are subject to the same disposition as adults in principle). Those provisions are exceptions different from the provisions for persons under the age of 18. The discussion about specific juveniles are also a discussion about legal bases under juveniles should be defined under the Juvenile Act. Furthermore, the exceptions for specific juveniles open a couple of doors to rehabilitate 18 and 19 years old youths and, in certain cases, to hold them strictly responsible for the offenses they have committed. Taking into serious consideration whether relevant principles and exceptions under the Juvenile Act can possibly coexist, should of great help to establish directions and juvenile policies of the Juvenile Act in the future.