Law enforcement in Japan

Law enforcementinJapanis provided mainly byprefectural policeunder the oversight of theNational Police Agency.[1]The National Police Agency is administered by theNational Public Safety Commission,ensuring that Japan's police are an apolitical body and free of direct central government executive control. They are checked by anindependent judiciaryand monitored by a free and activepress.

ATokyo Metropolitan Police Departmentofficer with their van outsideUeno Station

There are two types of law enforcement officials in Japan, depending on the underlying provision: Police officers of Prefectural Police Departments (prescribed as Judicial police officials(Tư pháp cảnh sát chức viên)under Article 189 of the Code of Criminal Procedure(Hình sự tố tụng pháp,Keiji-soshōhō)), and Special judicial police officials(Đặc biệt tư pháp cảnh sát chức viên);prescribed in Article 190 of the same law, dealing with specialized fields with high expertise.[2]

History

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A police officer directing traffic after the1923 Great Kantō earthquake

TheJapanese governmentestablished a European-style civil police system in 1874, spearheaded by the efforts of statesmanKawaji Toshiyoshi,under the centralized control of the Police Bureau within theHome Ministryto put down internal disturbances and maintain order during theMeiji Restoration.By the 1880s, the police had developed into a nationwide instrument of government control, providing support for local leaders and enforcingpublic morality.They acted as general civil administrators, implementing official policies and thereby facilitating unification and modernization. In rural areas especially, the police had great authority and were accorded the same mixture of fear and respect as the village head. Their increasing involvement in political affairs was one of the foundations of the authoritarian state in Japan in the first half of the 20th century.

A police officer onair raidduty outside the TMPD's headquarters in 1945

The centralized police system steadily acquired responsibilities, until it controlled almost all aspects of daily life, includingfire preventionand mediation oflabor disputes.The system regulatedpublic health,business, factories, and construction, and it issued permits and licenses. ThePeace Talk Lawof 1925 gave police the authority to arrest people for "wrong thoughts".Special Higher Police(Tokko) were created to regulate the content of motion pictures, political meetings, and election campaigns. TheImperial Japanese Army'smilitary police(Kempeitai) and theImperial Japanese Navy'sTokkeitai,operating under their respective services and thejusticeandhome ministriesaided the civilian police in limiting proscribed political activity. After theManchurian Incidentof 1931, military police assumed greater authority, leading to friction with their civilian counterparts. After 1937, police directed business activities for the war effort, mobilized labor, and controlled transportation, continuing throughout the rest ofWorld War II.

AfterJapan's surrenderin 1945, theSupreme Commander for the Allied Powersretained the prewar police structure, but viewed their organization as undemocratic. A new system was implemented after theDietpassed the1947 Police Law.Contrary to Japanese proposals for a strong, centralized force to deal with postwar unrest, the police system was decentralized. About 1,600 independent municipal forces were established in cities, towns, and villages with 5,000 inhabitants or more, and aNational Rural Policewas organized by prefecture. Civilian control was to be ensured by placing the police under the jurisdiction of public safety commissions controlled by theNational Public Safety Commissionin the Office of thePrime Minister.The Home Ministry was abolished and replaced by the less powerfulMinistry of Home Affairs,and the police were stripped of their responsibility for fire protection, public health, and other administrative duties.

A pair of TMPD officers wearing newly-issued uniforms in 1946

When most of the occupation forces were transferred toKoreain 1950–51 with theKorean War,the 75,000 strongNational Police Reserve(predecessor of theJapan Ground Self-Defense Force) was formed outside theRegular police organizationsto back up the ordinary police during civil disturbances. And pressure mounted for a centralized system more compatible with Japanese political preferences. The 1947 Police Law was amended in 1951 to allow the municipal police of smaller communities to merge with the National Rural Police. Most chose this arrangement, and by 1954 only about 400 cities, towns, and villages still had their own police forces. Under the 1954 amended Police Law, a final restructuring created an even more centralized system in which local forces were organized by prefectures under aNational Police Agency.

The revised Police Law of 1954, still in effect in the 1990s, preserves some strong points of the postwar system, particularly measures ensuring civilian control and political neutrality, while allowing for increased centralization. The National Public Safety Commission system has been retained. State responsibility for maintaining public order has been clarified to include coordination of national and local efforts; centralization of police information, communications, and record keeping facilities; and national standards for training, uniforms, pay, rank, and promotion. Rural and municipal forces were abolished and integrated into prefectural forces, which handled basic police matters. Officials and inspectors in various ministries and agencies continue to exercise special police functions assigned to them in the 1947 Police Law.

Safety

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TMPD officers outside akōbannearYoyogi Station

According to statistics of theUnited Nations Office on Drugs and Crime,among the 192 member states of the UN, and among the countries reporting statistics of criminal and criminal justice, the incidence rate of violent crimes such as murder, abduction, rape, and robbery is very low in Japan.[3][4][5][6][7]

Theincarceration rateis very low and Japan ranks 209 out of 223 countries. It has an incarceration rate of 41 per 100,000 people. In 2018 the prison population was 51,805 and 10.8% of prisoners were unsentenced.[8]

Japan has a very low rate ofintentional homicide victims.According to theUNODCit ranks 219 out of 230 countries. It has a rate of just 0.20 per 100,000 inhabitants. There were 306 in 2017.[9][10]

The number offirearm related deathsis low. The firearm-related death rate was 0.00 homicide (in 2008), 0.04 suicide (in 1999), 0.01 unintentional (in 1999) and 0.01 undetermined (in 1999) per 100,000 people. There's a gun ownership of 0.6 per 100 inhabitants.[11]

Theintentional death rateis low for homicides with 0.4 per 100,000 people in 2013. However, thesuicide rateis relatively high with 21.7 per 100,000 in 2013.[12]

Regular police organizations

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Prefectural police are established for eachprefectureand have full responsibility for regular police duties for theirarea of responsibility.These prefectural police are primarilymunicipal policewith their own authority, but their activities are coordinated by theNational Police Agencyand theNational Public Safety Commission.[13]As of 2017, the total strength of police reached approximately 296,700 personnel, including 262,500 police officers, 900 Imperial Guards, and 33,200 civilian staff.[14]Nationwide, there are approximately 23,400 female police officers and 13,000 female civilian staff.[14]

National Police Agency

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The National Police Academy inFuchū, Tokyo

As the central coordinating body for the entire police system, the National Police Agency determines general standards and policies; detailed direction of operations is left to the lower echelons.[15]In a national emergency or large-scale disaster, the agency is authorized to take command of prefectural police forces. In 1989, the agency was composed of about 1,100 national civil servants, empowered to collect information and to formulate and execute national policies. The agency is headed by a Commissioner General who is appointed by the National Public Safety Commission with the approval of thePrime Minister.[15]

The Central Office includes theSecretariat,with divisions for general operations, planning, information, finance, management, and procurement and distribution of police equipment. The NPA operates five bureaus.Citizen oversightis provided by theNational Public Safety Commission.

As of 2017, the NPA has a strength of 2,100 police officers, 900 Imperial Guards, and 4,800 civilian staff, for a total of 7,800 personnel.[14]

Prefectural police

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Niigata Prefectural Policecars on display in 2018

All operational police units are organized into prefectural police for eachprefecture.Prefectural police are organized and commanded by their respective Prefectural Police Headquarters, and each one has a Prefectural Public Safety Commission and numerous operational units.[13]

Most prefectural police are simply named the Prefectural Police(Huyện cảnh sát,Ken-keisatsu)of their respective prefecture (e.g.Shizuoka Prefectural Police). However, certain prefectural police, especially those serving prefectures with larger populations, have different names:Tokyo's police is theTokyo Metropolitan Police Department(Cảnh thị sảnh,Keishi-chō);Hokkaido's is known asDō-keisatsu(Đạo cảnh sát);andŌsaka's andKyōto's are known asFu-keisatsu(Phủ cảnh sát).

The total strength of the prefectural police is 260,400 police officers and 28,400 civilian staff as of 2018, for a total of approximately 288,000 personnel.[14]

Ranks

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Police officers are divided into eleven ranks:[16]

Status Police ranks[16] Rank insignia Comparablemilitary ranks[17] Representative job titles
shoulder knot chest badge
Government
officials
Commissioner General(Cảnh sát sảnh trường quan,Keisatsu-chō Chōkan)
No counterpart (outside normal ranking) The Chief of the National Police Agency
Superintendent General(Cảnh thị tổng giam,Keishi-sōkan)
General The Chief of theTokyo Metropolitan Police Department
Senior Commissioner(Cảnh thị giam,Keishi-kan)
Lieutenant general Deputy Commissioner General, Deputy Superintendent General, The Chief of Regional Police Bureau, The Chief of Prefectural Police Headquarters
Commissioner(Cảnh thị trường,Keishi-chō)
Major general The Chief of Prefectural Police Headquarters
Assistant Commissioner(Cảnh thị chính,Keishi-sei)
Colonel The Chief of Police Station
Local police personnel Superintendent(Cảnh thị,Keishi)
Lieutenant colonel The Chief of Police Station (small or middle), The Vice Commanding Officer of Police Station, Commander ofRiot Police Unit
Chief Inspector(Cảnh bộ,Keibu)
MajororCaptain Squad Commander of Police Station, Leader of Riot Company
Inspector(Cảnh bộ bổ,Keibu-ho)
Captain orLieutenant Squad Sub-Commander of Police Station, Leader of Riot Platoon
PoliceSergeant(Tuần tra bộ trường,Junsa-buchō)
Warrant officerorSergeant Field supervisor, Leader of Police box
Senior Police Officer(Tuần tra trường,Junsa-chō)
Second Lieutenant
Corporal (Honorary rank of Police Officers)
Police officer(Tuần tra,Junsa)
Officer Cadet
Private Prefectural Police Officers' careers start from this rank.

The NPA Commissioner General holds the highest position of the Japanese police.[18]His title is not a rank, but rather denotes his position as head of the NPA. On the other hand, the MPD Superintendent General represents not only the highest rank in the system but also assignment as head of the Tokyo Metropolitan Police Department.[18]

Police officers whose rank are higher thanAssistant Commissioner(Cảnh thị chính,Keishi-sei)are salaried by the National budget even if they belong to local police departments. Designation and dismissal of these high-rank officers are delegated toNational Public Safety Commission.[19]

The superintendent general which is highest police rank is only in Tokyo outside of it senior commissioner is the highest rank and chief outside of Tokyo, Prefecture police headquarters are commanded by Chief or Director General (hunbocho).

Other public security officers

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There are several thousands of public security officials attached to various agencies. They are responsible for such matters as forest preservation, narcotics control, fishery inspection, and enforcement of regulations on maritime, labor, and mine safety. In the Act on Remuneration of Officials in the Regular Service(Nhất bàn chức の chức viên の cấp dữ に quan する pháp luật),a salary table for public security officials(Công an chức,Kōan-shoku)including judicial police officials is stipulated.

Special judicial police officials

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National Police Agency

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Ministry of Justice

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Ministry of Health, Labour and Welfare

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Ministry of Agriculture, Forestry and Fisheries

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  • Authorized Fisheries Inspector(Ngư nghiệp giam đốc quan)
  • Officers of Regional Forest Office(Sâm lâm quan)

Ministry of Land, Infrastructure, Transport and Tourism

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Ministry of Defense

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Officials working for public safety, except for Special judicial police officials

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There are other officers having limited public safety functions.

The National Diet

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Ministry of Justice

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Ministry of Finance

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Ministry of Health, Labour and Welfare

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Ministry of Agriculture, Forestry and Fisheries

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Tables

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Officers working for public safety
Officer are Special judicial police officials(Đặc biệt tư pháp cảnh sát chức viên) can arrest suspects with arrest warrant can carry firearms Salary schedule which is applied
Imperial guard(Hoàng cung hộ vệ quan) Y Y Y Public Security Service
Prison guard(Hình vụ quan) Y Y Y Public Security Service
Narcotics agent(Ma dược thủ đế quan) Y Y Y Administrative Service
Labor Standards Inspector(労 động cơ chuẩn giam đốc quan) Y Y N Administrative Service
Authorized Fisheries Supervisor(Ngư nghiệp giam đốc quan) Y Y N Administrative Service
Coast Guard Officer(Hải thượng bảo an quan) Y Y Y Public Security Service
Military police officer(Cảnh vụ quan) Y Y Y Officials of Ministry of Defense
Diet guard(Vệ thị) N N N ( nghị viện cảnh sát chức )
Immigration control officer(Nhập quốc cảnh bị quan) N N Y Public Security Service
Immigration inspector(Nhập quốc thẩm tra quan) N N Y Administrative Service
Public security intelligence officer(Công an điều tra quan) N N N Public Security Service
Public prosecutor(Kiểm sát quan) N Y N Public Prosecutor
Public prosecutor's assistant officer(Kiểm sát sự vụ quan) N Y N Public Security Service
Customs official(Thuế quan chức viên) N N Y Administrative Service
cf. Police officer (judicial police official) Y Y Public Security Service

Laws and regulations for restricted materials

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Firearm and weapon policy

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TheFirearm and Sword Possession Control Lawof 1958 strictly regulates the civilian ownership ofguns,swordsand otherweaponry.The law states that "No person shall possess a firearm or firearms or a sword or swords" and there are few exceptions.[20][21]

Medical and recreational drugs policy

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Japan has strict regulations on medical and recreational drugs. Importing or using any type ofnarcoticsis illegal and there is generally no leniency; for example, the possession ofcannabishas a jail sentence of up to five years for the first offense. There are no exceptions for celebrities either, both in law enforcement and in Japanese society; if a celebrity is arrested, it could potentially end their career.

Authorities can detain a suspect for up to three weeks without charges.Solitary confinementis common and imprisoned suspects only get access to alawyer.[22]It is illegal to mail prescription drugs, and only designated parties in Japan are allowed to import them.[23]

If someone intends to bring more than one month of prescription medication, cosmetics, or medical devices into Japan, they are required to obtain import certification calledyakkan shoumei( dược giam chứng minh ).[24]

Historical secret police organizations

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See also

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References

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  • This article incorporates text from this source, which is in thepublic domain.Country Studies.Federal Research Division.
  1. ^Supreme Court of Japan (2005)."Who will conduct the investigation?".Retrieved2018-11-01.
  2. ^Japanese Law Translation (2011-12-01)."Nhật bổn pháp lệnh ngoại quốc ngữ 訳データベースシステム- hình sự tố tụng pháp"[Code of Criminal Procedure]. Ministry of Justice. p. 1.Retrieved2017-06-14.
  3. ^UNODC."Data and Analysis>Crime surveys>The periodic United Nations Surveys of Crime Trends and Operations of Criminal Justice Systems>Fifth Survey (1990 - 1994)".Archived fromthe originalon 2009-07-29.Retrieved2008-08-26.
  4. ^UNODC."Data and Analysis>Crime surveys>The periodic United Nations Surveys of Crime Trends and Operations of Criminal Justice Systems>Sixth Survey (1995 - 1997)>Sorted by variable".Retrieved2008-08-26.
  5. ^UNODC."Data and Analysis>Crime surveys>The periodic United Nations Surveys of Crime Trends and Operations of Criminal Justice Systems>Seventh Survey (1998 - 2000)>Sorted by variable".Retrieved2008-08-26.
  6. ^UNODC."Data and Analysis>Crime surveys>The periodic United Nations Surveys of Crime Trends and Operations of Criminal Justice Systems>Eighth Survey (2001 - 2002)>Sorted by variable".Retrieved2008-08-26.
  7. ^UNODC."Data and Analysis>Crime surveys>The periodic United Nations Surveys of Crime Trends and Operations of Criminal Justice Systems>Ninth Survey (2003 - 2004)>Values and Rates per 100,000 Total Population Listed by Country".Retrieved2008-08-26.
  8. ^Highest to Lowest.World Prison Brief(WPB). Use dropdown menu to choose lists of countries by region, or the whole world. Use menu to select highest-to-lowest lists of prison population totals, prison population rates, percentage of pre-trial detainees / remand prisoners, percentage of female prisoners, percentage of foreign prisoners, and occupancy rate. Column headings in WPB tables can be clicked to reorder columns lowest to highest, or alphabetically. For detailed information for each country click on any country name in lists. See also theWPB main data pageand click on the map links and/or the sidebar links to get to the region and country desired. Data for the whole Wikipedia list was last retrieved on 18 October 2018. Some numbers may be adjusted here later according to later info. Please update the table here only from this WPB source. For a quick method to fully update the table see the relevant section ( "conversion examples" ) ofCommons:Convert tables and charts to wiki code or image files.
  9. ^"UNODC Statistics Online".United Nations Office On Drugs and Crime.Retrieved12 May2018.".
  10. ^"Global Study on Homicide - Statistics and Data".dataunodc.un.org.Retrieved2019-07-15.
  11. ^"Guns in Japan: Facts, Figures and Firearm Law".Gunpolicy.org.University of Sydney School of Public Health.Retrieved2013-05-19.
  12. ^"Nikkei; LEAD: No. Of Suicides Falls Below 30,000 For 1st Time In 15 Years".Nikkei. 2013-01-17.Retrieved2013-01-17.
  13. ^abNational Police Agency Police History Compilation Committee 1977,pp. 442–448.
  14. ^abcdNational Police Agency (2018).POLICE OF JAPAN 2018 (Overview of Japanese Police)(PDF)(Report).
  15. ^ab"Interpol Japan Page".Interpol. Archived fromthe originalon 2015-03-18.Retrieved2012-02-15.
  16. ^ab"4. Human Resources"(PDF).( cảnh sát sảnh ) National Police Agency.National Police Agency. Archived fromthe original(PDF)on 2016-10-25.Retrieved2018-08-13.
  17. ^"Insignia of the JSDF personnel".JSDF Kumamoto Provincial Cooperation office.Japan Self Defense Force.Retrieved15 November2016.
  18. ^ab"Description of the Japanese Police Organization".Archived fromthe originalon 2011-07-06.Retrieved2012-02-15.
  19. ^"Outline of the police system"(PDF).Union of Kansan Gavernments. Archived fromthe original(PDF)on 5 July 2015.Retrieved28 December2016.
  20. ^"Diet tightens laws on knives, guns".Japan Times.November 29, 2008.RetrievedMarch 21,2016.
  21. ^Fisher, Max (July 23, 2012)."A Land Without Guns: How Japan Has Virtually Eliminated Shooting Deaths".The Atlantic.RetrievedMarch 21,2016.
  22. ^"Drug Laws in Japan: You'd Better have a Prescription".Tofugu. 2011-12-02. Archived fromthe originalon 2019-05-13.Retrieved2019-07-16.
  23. ^"Why Japan Is So Strict About Drugs".Kotaku. 2019-03-14. Archived fromthe originalon 2019-07-13.Retrieved2019-07-16.
  24. ^"Bringing Your Meds To Japan? Study The Laws A Little".DeepJapan. 2015-06-24. Archived fromthe originalon 2019-01-27.Retrieved2019-07-16.

Books

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  • Yoshino, Jun. (2005). "Law Enforcement in the Edo Period". In:Japan Echo,vol. 31 n. 3, June 2005. p. 59-62.
  • National Police Agency Police History Compilation Committee, ed. (1977).Japan post-war police history(in Japanese).Japan Police Support Association.
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Regional Bureaus

Police communications Bureaus

Kobans