White Paper on Crime 2020 - Drug Offenses

White Paper on Crime 2020 - Drug Offenses -[Summary]

The Research and Training Institute is one of the agencies of theMinistry of Justice. The Institute conducts a wide range of work, including(i) research related to criminal justice policies and other Ministry of Justiceaffairs, (ii) various kinds of training for Ministry of Justice officials, and(iii) international cooperation, both in the criminal and civil sectors, fordeveloping countries mainly in the Asian region.

The annual White Papers on Crime published by the Research andTraining Institute of the Ministry of Justice provide statistical data oncrimes and offender treatments as well as current issues in the criminaljustice field. The first volume of the Papers was published in 1960. Sincethen, they have been widely used by politicians, practitioners andacademics and have facilitated major policy changes.

Specifically, the White Paper on Crime 2007 revealed thatapproximately 60% of all crimes were committed by repeat offenders, whoaccounted for approximately 30% of convicted offenders. This finding ledto the development of “Comprehensive Measures for the Prevention of Re-offending 2012” by the Ministerial Meeting Concerning Measures AgainstCrime, which served as the basis of the criminal justice policy of Japanand set numerical targets for the next decade.

All the volumes of the Papers and English version since 2000 areavailable on the website of the Ministry of Justice.

(http://www.moj.go.jp/EN/housouken/houso_hakusho2.html)

Research and Training Institute

IntroductionWhite Paper on Crime

The White Paper on Crime 2020 focuses on drug offenses. The WhitePaper provides various statistical data and information on the trend in drugoffenses and treatment of drug offenders and also analyzes the results of aquestionnaire survey of inmates in penal institutions.

Special Features of White Paper on Crime 2020

White Paper on Crime (Japanese, English and Web version)

The Research and Training Institute, MOJ

1

99.5

0

20

40

60

80

100

0.00.20.40.60.81.01.21.41.6

2000 2005 2010 2015 2019

Clearance rate(thousand cases) (%)

Homicide: reported/cleared cases and clearance rate

945950

■ Reported cases■ Cleared cases

93.3

0

20

40

60

80

100

0.0

0.5

1.0

1.5

2.0

2.5

3.0

1990 1995 2000 2005 2010 2015 2019

Clearance rate(thousand cases) (%)

Rape: reported/cleared cases and clearance rate

1,405

1,311


0.0

0.5

1.0

1.5

2.0

2.5

3.0

3.5

4.0

0

10

20

30

40

50

60

70

80

90

100

1946 1960 1970 1980 1990 2000 2010 2019

98,463192,607

571,442

39.3

(million cases)(million persons)

Repo

rted

case

sCl

eare

d pe

rson

s

Clea

ranc

e rat

e

(%)

Number of reported cases in 2019Penal Code offenses 748,559■ Theft 532,565■ Penal Code offenses excluding theft 215,994(Reference)■ Dangerous driving causing death or injury, and 369,182

negligent driving offenses causing death or injuryPenal Code offenses, dangerous driving causing death or injury, 1,117,741 and negligent driving offenses causing death or injury

Clearance rate for Penal Code offenses

Cleared persons(Penal Code offenses)

Cleared persons(Penal Code offenses, dangerous driving causing death or injury, and negligent driving offenses causing death or injury)

Cleared persons(Penal Code offenses excluding theft)

Penal Code offenses: reported cases, cleared persons and clearance rate

Crime Trends

34.0

0

20

40

60

80

100

0.0

0.5

1.0

1.5

2.0

2.5

1990 1995 2000 2005 2010 2015 2019

Clearance rate

(million cases) (%)Theft: reported/cleared cases and clearance rate

532,565

180,897


2

4.40

5

10

15

20

0

5

10

15

20

25

2000 2005 2010 2015 2019

8,445

(%)

Percentage of members of Boryokudan

Num

ber o

f per

sons

cle

ared

Perc

enta

ge o

f mem

bers

of B

oryo

kuda

n

(thousand persons)

Members of Boryokudan[1] Persons cleared for Penal Code offenses

05

101520253035

1989 1995 2000 2005 2010 2015 2019

(thousand cases)(thousand persons)

9,148

5,5634,040

5,641

Foreign nationals

Cleared cases committed by visiting foreign nationals

Cleared cases committed by other foreign nationals

■ Visiting foreign nationals cleared■ Other foreign nationals cleared

[1] Cases/persons cleared for Penal Code offenses

0

5

10

15

20

0

5

10

15

20

25

2000 2005 2010 2015 2019

5,836

9.4

(%)

Percentage of members of Boryokudan

Num

ber o

f per

sons

cle

ared

(thousand persons)

Perc

enta

ge o

f mem

bers

of B

oryo

kuda

n

[2] Persons cleared for Special Acts offenses

02468

10121416

1989 1995 2000 2005 2010 2015 2019

8,112

6,092

1,446 1,672

(thousand cases)(thousand persons) ■ Visiting foreign nationals cleared

■ Other foreign nationals clearedCleared cases committed by

visiting foreign nationals Cleared cases committed by other foreign nationals

[2] Cases/persons cleared for Special Acts offenses

0.0

0.4

0.8

1.2

1.6

050

100150200250300

1966 1970 1975 1980 1985 1990 1995 2000 2005 2010 2015 2019

Rate

per

pop

ulat

ion

Num

ber o

f per

sons

cle

ared

Juveniles Adults

(thousand persons)172,693

26,076

Rate per populationof adults

Rate per populationof juveniles

Juvenile delinquents[1] Juveniles cleared for Penal Code offenses

(thousand)

164.3233.4

1.8

05

10152025303540

1956 1965 1970 1975 1980 1985 1990 1995 2000 2005 2010 2019

4,557 967 725 204

(thousand persons) Total

Drug offenses

Poisonous and DeleteriousSubstances Control Act

Firearms andSwords ControlAct

Minor Offenses Act

[2] Juveniles cleared for Special Acts offenses

3

Specific Offenders/Juvenile Delinquents

3

Police, etc.Dispositions as trivial offense

55,764

【New sentenced inmates】 17,464(Imprisonment with partial suspension of execution 1,414)

【Released sentenced inmates】 19,953 (Imprisonment with partial suspension of execution 1,493)

Commencement of probation/parole supervision 15,307

Reception 900,752 Penal Code offenses 202,099Negligent driving offenses causing death or injury 370,600

Disposition 907,273 Special Acts offenses 328,053 (excluding road traffic-related violations 87,868)Prosecuted 282,844

Public trial81,186

Summary order procedure201,658

Not prosecuted 576,677

Suspension of prosecution 513,757

Public Prosecutors Offices

Penal Institutions

Probation Offices

Courts

【Finalized judgments】 245,537

Death penalty

5

Imprisonment (with/without work)

Imprisonment without full suspension of execution18,097 Life

imprisonment16

Penal detention

3

Imprisonment with full suspension of execution31,065

Investigation initiated by public prosecutors, etc.

Women's Guidance Home

Release on parole0

Revocation of parole, etc.

Definite term 49,162

Guidance disposition

Family Courts(Juveniles)

Others295

Release upon completion

of the term of imprisonment8,018

Imprisonment with partial suspension of execution

1,452

Completion of the term of imprisonmentwith partial suspension of execution

295with probation

Release on parole11,640

Imprisonment with partial suspension of execution

1,198

11,640295

Numbers denote persons in 2019

Non-penal fine for traffic offenses

Courts

Fines194,404

Pettyfines1,556

Not guilty96

2,248

Discharge

Completion of the term, etc.

Provisional releasefrom workhouse

Detention in workhousein lieu of payment of fines

Procedure of Criminal Justice

with probation2,248

4

（平成28年）Police, etc.

Family CourtsJuvenile protection cases conclusively disposed 47,969

Measures prescribedin the Child Welfare Act

Children’s Self-relianceSupport Facilities, etc.

Referral 143

Protective measures 13,985

Referral to directorof child consultation

center etc.116

JuvenileTraining Schools

Committed 1,727Released 2,065

JuvenileClassification

HomesCommitted

5,749

ChildConsultation

Centers

Public Prosecutors OfficeReception 50,074Referral to family courts 47,752

Juvenile offenders under 14

Pre-delinquents

Probationary supervision11,823

Revocation, etc.

Juvenile offenders

Dismissalwithout hearing

20,403

Dismissal afterhearing

10,151

Referral topublic prosecutor

3,314

Release on parole2,053

Numbers denote persons in 2019

Penal Institutions(Juvenile Prisons, etc.)

New sentenced inmates 16

Imprisonment with full

suspensionof execution

withprobation

Imprisonmentwithout fullsuspension

of executionwith partial

suspension ofexecution

Release upon completion of the term of imprisonment

Completion of the term of imprisonment with partial suspension of execution

with probation

Release on parolewith partial

suspension ofexecution

Probation OfficesCommencement of probation/parole supervision 13,876

Those younger than 16

Transfer of those sentenced to imprisonment who turn 16

Non-penal fine for traffic offenses

Transfer

Courts

Discharge

Measures prescribedin the Child Welfare Act

Acquittal,fine, etc.

Termination, etc.Discharge, etc.

Procedure of Criminal Justice for Juvenile Delinquents

5

33.4 24.2 10.4 5.1 4.3

2.3

20.4 Theft

Stimulants Control Act Fraud

Road Traffic ActInjury Others

Robbery

New sentenced inmates: composition by type of offense (male/female)

Males(15,746)

Females(1,718)

(2019)

47.4 33.0 6.8 2.3

1.7 1.3

7.5

Embezzlement/Breach of trustHomicide

0

20

40

60

80

100

120

0

10

20

30

40

50

60

70

80

90

100

1946 1960 1970 1980 1990 2000 2010 2019

Others

Other sentenced inmates

(thousand persons)

Inm

ate

popu

latio

n at

the

end

of th

e yea

r

Rate

per

pop

ulat

ion

at th

e end

of t

he y

ear

38.4

39,588

Rate per populationat the end of the year

48,429

Inmates awaiting judgments

679

5,883

Year-end inmate population of penal institutions and rate per population

Sentenced inmates with partial suspension of execution

2,279

56

331

0

200

400

600

800

1,000

1,200

1,400

1,600

1,800

2000 2005 2010 2015 2019

(persons)

New F-class sentenced inmates (male/female)

Males

Females

387

Note: Foreingn national sentenced inmates who require different treatment from that of Japanese sentenced inmates are categorized as F-class and provided with treatment in accordance with their culture and life style.

24.2

10.4

16.1

0

5

10

15

20

25

30

35

40

1999 2005 2010 2015 2018

(%)

Rate of reimprisonment within 2 years

Note: The rate of reimprisonment means the percentage of inmates reimprisoned to serve sentences for offenses after release among the released sentenced inmates of a given year.

Treatment of Offenders/Re-offending

― Released on completion of the term of imprisonment with/without partial suspension of execution

― Released on parole― Total

6

Country Year ofsurvey Age

Type of drugsCannabis Stimulants Heroin Cocaine MDMA Other drugs

0.04 0.04 0.24 France 2017 18-64 11.0 0.3 … 1.6 Japan 2019 15-64 0.10 0.04 0.04

0.6 11.5 Germany 2015 18-64 6.1 1.0 … 0.6 0.6 6.6 Italy 2017 15-64 10.2 0.1 10.6

2.9 1.6 9.4 0.1 -

… 1.2 0.4

0.9 United Kingdom 2018 16-59 7.6 0.6

15.7 United States of America 2018 12 and over 15.9 0.7 0.3 2.0 0.9 19.4

- 2.5 Canada 2017 15 and over 14.8

0.2 2.5 2.2 15.6 Australia 2016 14 and over 10.4 1.4

4,570

558

2 0500

1,0001,5002,0002,5003,0003,5004,0004,5005,000

1971 1980 1990 2000 2010 2019

(persons)

Cannabis Control Act

Narcotics and PsychotropicsControl ActOpium Control Act

Cannabis and other drug violations: persons cleared

0

10

20

30

40

50

60

1951 1960 1980 2000 2019

Stimulants Control Act

(thousand persons)

8,730

Stimulants Control Act violations: persons cleared

Special Feature: Trend of Drug Offenses

Rate of experience in drug use in the past year by Japan and other countries

Although the prevalence of drug abuse, such as stimulants(methamphetamine, etc.), opioid and cannabis, is relatively low in Japan,prevention of drug offenses remains an important issue.

The number of violations of the Stimulants Control Act has beendeclining, but remains at a high level. The number of violations of the

Cannabis Control Act has been sharply increasing. The rate ofreimprisonment among drug offenders is higher than for other types ofoffenses.

In addition to border control and measures against organized crime toprevent drug offenses, support for drug offenders in withdrawal from drugabuse has been implemented in the public and private sectors includingprosecution, institutional correction and rehabilitation services.

Drug offenses

7

182

17 160 36

346 165

Narcotics and Psychotropics Control Act -

2019Total 11

492 960 758 578

10 6 112 176 840 1,196 2016 2017 2018

126 56 48

920 651 396 2013 2014 2015Applied regulations 2009 2010 2011 2012

148

Pharmaceuticals and Medical Devices Act (Pharmaceutical Affairs Act) 9 9 6 57 37

1 - 26 89 98

10 90 52 Traffic offenses - - - 19 40 Others 2 - - 10 29 16 1 -

1 - 7 1

1.7 9.9

19.7 25.8

31.1

4.5

23.8

40.4 49.0

53.8

0.7 7.8 16.3

22.7 26.8 2.5

16.4

27.9 36.8

42.0

0

10

20

30

40

50

60

Year ofrelease

With in2 years

With in3 years

With in4 years

With in5 years

(%)

Males: first time (1,333 persons)Males: 2 times or more (4,003 persons)Females: first time (410 persons)Females: 2 times or more (438 persons)

Stimulants Control Act violations: rate of reimprisonment

Note: The rate of reimprisonment means the percentage of inmates reimprisoned to serve sentences for offenses after release among the released sentenced inmates of a given year.

(2015)

0

20

40

60

80

100

0

1

2

3

4

5

6

2000 2005 2010 2015 2019

50.6

35.7

1,208 5,658

(thousand persons) (%)

Rate of prosecutionRate of suspension of prosecution

[2] Cannabis Control Act

1,587

2,863

9.10

20

40

60

80

100

0

5

10

15

20

25

30

2000 2005 2010 2015 2019

9,942

75.7

2,207

993

(%)(thousand persons)

Rate of prosecution

[1] Stimulants Control Act

Rate of suspension of prosecution 13,142

Drug offenders: prosecuted/not prosecuted


576

137

0

20

40

60

80

100

0

300

600

900

1,200

1,500

2000 2005 2010 2015 2019

59.9

19.2

249

962

(persons) (%)

Rate of prosecutionRate of suspension of prosecution

[3] Narcotics and Psychotropics Control Act

New psychoactive substances: persons cleared, by type of regulation

■ Prosecution ■ Suspension of prosecution ■ Other non-prosecution

8

Juvenile delinquents cleared for drug offenses Foreign nationals cleared for drug offenses

92 0

500

1,000

1,500

2,000

2,500

3,000

1975 1980 1985 1990 1995 2000 2005 2010 2015 2019

Stimulants Control Act

(persons)[1] Stimulants Control Act

595

35 0

100

200

300

400

500

600

1975 1980 1985 1990 1995 2000 2005 2010 2015 2019

Narcotics and Psychotropics Control Act Cannabis Control Act

(persons)[2] Cannabis Control Act/Narcotics and Psychotropics Control Act

8.90

10

20

30

40

50

0

200

400

600

800

1,000

2010 2015 2019

761

Percentage of foreign nationals

(persons) (%)[1] Stimulants Control Act

0

10

20

30

40

50

0

100

200

300

400

2010 2015 2019

279

6.5

(persons) (%)


[2] Cannabis Control Act

0

10

20

30

40

50

0

20

40

60

80

100

120

140

2010 2015 2019

123

26.9

(persons) (%)


[3] Narcotics and Psychotropics Control Act

0.7

7.9

4.6

7.9

20.3

50.6

61.9

27.01.1

5.5

2.2

7.1

3.4Stimulants Control Act

Cannabis Control Act/Narcotics and Psychotropics Control Act

■ Referral to public prosecutor (criminal procedure) ■ Referral to public prosecutor (exceeded age (20))■ Juvenile training schools ■ Probation ■ Referral to children's self-reliance support facilities, etc.■ Dismissal after hearing ■ Dismissal without hearing

Juvenile drug delinquents: final decision by family court for protection cases

(438)

(89)

(2019)


9

Special Feature: Questionnaire Survey of Drug Offenders in Penal Institutions

61.0

52.7

29.0

22.5

22.3

19.9

11.0

8.0

7.1

58.6

52.7

44.2

34.4

24.3

23.9

12.8

12.3

6.4

0 10 20 30 40 50 60 70

Organic solvents

Cannabis

Prescription drugs

New psychoactive substances

Cocaine

MDMA

Gases

OTC drugs

Heroin

Males Females

(401)

(351)

(226)

(174)

(152)

(140)

(76)

(62)

(45)

Life-time experience of drug abuse(%)

19.9

21.3

17.0

35.5

37.3

31.6

37.3

36.7

38.7

7.3

4.8

12.7

Total

Males

Females(212)

(654)

(442)

Drug abuse screening test scoreLow(1–5)

Intermediate(6–10)

Substantial(11–15)

Severe(16 and over)

The questionnaire survey was conducted during the period from July toAugust 2017 (extended to November for females), targeting new sentencedinmates of penal institutions across Japan who were sentenced toimprisonment with work for violations of the Stimulants Control Act.

The survey results were analyzed in combination with otherinformation on these inmates identified by the penal institutions.

Inmates subject to analysis were limited to respondents who hadexperience of self-use of stimulants.

Questionnaire survey

The analysis revealed that many stimulants offenders had abusedorganic solvent (male 61.0%, female 58.6%), cannabis (male 52.7%,female 52.7%) and prescription drugs (male 29.0%, female 44.2%) intheir life-time. A significant number of stimulants offenders had starteddrug use under the age of 20 and had repeatedly committed drug offenses.

Around 50% of respondents had a score of “substantial” or “severe” onthe Drug Abuse Screening Test (DAST-20), and were thus deemed torequire intensive treatment.

Among stimulants offenders, 23.5% had committed a crime to obtaindrugs and 6.5% had committed a crime under the influence of drugs.

Conditions of drug abuse

The number of inmates subject to analysis was 699 (462 males and 237females). Their average age was 43.5, and 74.1% were reimprisoned.

57.3% were unemployed, 73.4% were unmarried, divorced or bereaved,and 7.2% were members of organized crime groups.

Basic information

10

60.6

52.2

46.3

39.4

11.7

3.5

53.2

48.5

25.3

25.3

29.1

31.2

0 10 20 30 40 50 60 70

Meeting withdrug companions

Getting contactedby drug companions

Having sex

Having cash on hand

After a quarrel

Being concernedabout body shape

Males (462)Females (237)

(123)

(242)

(274)

(356)

(406)

(90)

(%)Situations inducing stimulants use

47.4

31.8

30.1

31.8

25.5

33.1

55.3

42.2

39.7

28.7

37.6

17.3

0 10 20 30 40 50 60 70

Feeling irritated

Feeling depressed

Feeling isolated

Feeling bored

Feeling lonely

Feeling frustratedMales (462)Females (237)

(%)

(194)

(207)

(215)

(233)

(247)

(350)

Emotions inducing stimulants use

19.7

1.8

42.2

19.4

0 10 20 30 40 50 60 70 80 90 100

Binge-eating

Purging after eating Males (446)Females (232)

(%)

(186)

(53)

8.1 41.2

0 10 20 30 40 50 60 70 80 90 100

Self-injury Males (431)Females (228)

(%)

(129)

21.0 46.3

0 10 20 30 40 50 60 70 80 90 100

Suicidal thought Males (433)Females (229)

(%)

(197)

3.5 72.6

0 10 20 30 40 50 60 70 80 90 100

DV from partner

Males (432)Females (230)

(%)

(182)

The questionnaire revealed internal and external triggers and thebackground of drug use.

Contact with drug companions and negative feelings induce stimulantsuse and gender differences were observed in some inducements.

A higher percentage of females have mental problems such as eatingdisorders, self-injury and suicidal thoughts. The percentages of personswith an alcohol problem and those with a gambling problem were 39.3%and 45.0% respectively.

Mental problems of stimulants offenders

Special Feature: Questionnaire Survey of Drug Offenders in Penal InstitutionsTrigger and background of drug use

11

Special Feature: Questionnaire Survey of Drug Offenders in Penal Institutions

As negative aspects of the use of stimulants, the stimulants offendersfelt the deterioration of relationships with people around them or the lossof trust of such people.

Most stimulants offenders had experienced quitting drugs or trying toquit, and the analysis results suggest that stability of jobs and humanrelationships encouraged them to quit drugs.

Only a limited number of the stimulants offenders had experiencedreceiving support from specialized hospitals, health institutions, recoverysupport facilities, or self-help groups.

Support from relevant organizations, etc.

The data and information presented in this special feature suggest thefollowing policy implications:

・ To reduce drug supply through border control and measures againstorganized crime

・ To publicize the harm of drugs and provide information onorganizations providing support for withdrawal from drugs

・ To enhance the treatment of drug offenders through improved andindividualized programs during imprisonment and probation/parole andmulti-agency cooperation

・ To provide intervention for drug addicts at an early stage of the criminaljustice process

Reasons to quit stimulants

23.9 60.4 15.7 Total(568)

[1] Specialized hospital

5.8 55.6 38.6 Total(500)

[2] Health institutions

12.9 77.4 9.7 Total(566)

[3] Recovery support facilities

16.5 61.6 21.8 Total(550)

[4] Self-help groups

55.6

55.1

43.3

46.9

40.4

41.6

30.6

53.7

48.6

47.4

36.0

41.1

36.6

31.4

0 10 20 30 40 50 60 70

I didn’t want to betraymy loved ones

I didn’t want to bearrested or imprisoned

Person soliciting me to usedrug was not around me

I was doing well at work

Family/partner supported me

I was Leading a stable life

I had a future goal Males (356)Females (175)

(%)

（292）

（216）

（212）

（164）

（230）

（237）

（281）

■ have received its support■ have heard of it, but have not received its support ■ have not heard of it

Withdrawal from stimulants

Policy Implications

12

Documents

White Paper on Crime 2020 - Drug Offenses