ACPF Mail Magazine No.2
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
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