ACPF Mail Magazine No.4
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【 To our readers 】
In November 2020, the number of persons newly infected with COVID-19 is drastically increasing, even in Japan. On 5 November, 30 words were revealed as the top nominations for a contest to select the best new words and phrases of 2020. Half of them are COVID-19 related words, including the phrase “new lifestyle”. During the “stay home” period, a new game on Nintendo Switch titled “Animal Crossing: New Horizons” has become incredibly popular, and soon after the popular comic titled “Demon Slayer” was made into a movie. As a result, an unprecedented boom occurred when many people turned out to movie theaters. Although their genres differ, people were attracted by their quality.
Internationally, instability continues including the Black Lives Matter movement, the election of the US president, and further lock downs in Europe. Although the ACPF Mail Magazine No. 3 informed our readers of the new dates of the Fourteenth UN Congress on Crime Prevention and Criminal Justice (Kyoto Congress) (7 to 12 March 2021), new information on concrete programmes, scale, and administrative procedures have not been revealed yet, four months after the new dates of the Congress were publicized. It is no wonder because the UN and the Ministry of Justice of Japan are not used to large-scale online conferences.
Public Lecture on Criminal Policy (New Method)
UNAFEI is a regional training institute for criminal justice officials in developing countries who are invited through JICA. Although all of UNAFEI’s training courses (in person) have been suspended for fiscal 2020, UNAFEI has held two webinars for UNAFEI alumni. By taking the experiences, UNAFEI, in cooperation with the Japan Criminal Policy Society and the ACPF, will be able to hold a public lecture in person at the conference hall of the Ministry of Justice and online from 4 p.m. on 29 (Friday) January 2021. Although the public lectures are held for an audience in Japan, the new method makes it possible to participate from abroad. Holding the public lecture online may serve as inspiration for the Kyoto Congress. I hope you will keep the date for the public lecture. The details of the public lecture will be released soon.
As a member organization of UN NGOs
The ACPF is registered as a public incorporated foundation in Japan and a UN NGO internationally. NGOs which have relationships with the UN Office on Drugs and Crime have been cooperating with the UNODC for more than 20 years. They founded the Alliance of Crime Prevention and Criminal Justice of UN NGOs on 11 October 2019. Its purposes are to promote cooperation between its members and the UNODC and relevant offices of the United Nations including those related to human rights, children, women, terrorism, refugees, migration, peacekeeping and development issues.
Please refer to the following information, which provides an overview of the Alliance.
The Alliance holds formal meetings as well as informal meetings (Web meetings). Informal meetings start from 22:30 or 23:30 (Japan standard time) due to the time difference. The meetings provide opportunities to learn about the administration of the UN including the UNODC. Ms. Jolanta Redo, ACPF permanent representative to the UN Office in Vienna, is also a director of the Alliance. She attends each of the Alliance’s meetings, while ACPF members in Japan attend the meetings if time permits.
The ACPF Mail Magazine No. 4 presents part two of a lecture titled “The Amendment of the Anti-Monopoly Act and Issues in Practice” by Mr. MAKUTA Hideo, former commissioner of Japan’s Fair Trade Commission. This issue also contains part four of former prosecutor YAMASHITA Terutoshi’s article “Is Japanese Criminal Justice in the Middle Ages?!” and message from Ms. Jolanta Redo. We hope you find these articles interesting.
The contents of this Mail Magazine may be copied or reprinted without ACPF’s consent as long as the source is clearly stated.
【 １．Prefatory Note 】
Prosperity without Crime and COVID-19!!
In this issue, Mr. IMAFUKU Shoji, Director-General, Rehabilitation Bureau, Ministry of Justice has written the Prefatory Note. Mr. IMAFUKU is a former professor of UNAFEI, and was instrumental in holding the Third World Congress on Probation in Tokyo. He is a strong supporter of international cooperation.
→ACPF and Community-based Treatment
【 ２．ACPF Live & Library 】
This section provides information about recent ACPF activities, including past events and forums.
(1) “The Amendment of Anti-Monopoly Act and Issues in Practice” (ACPF Forum No. 2)
Lecturer Mr. MAKUTA Hideo
Former Commissioner, Fair Trade Commission, Attorney at Law (Former Chief Prosecutor)
On 3 October 2019, the ACPF held its second forum. The amendment of the Anti-Monopoly Act primarily aims for a strict but flexible system for the calculation of the amount of the surcharge for violations of the act. In particular, the act introduces the reduction and exemption system for surcharges in accordance with the degree of cooperation in the investigation when the enterprise voluntarily confesses the violation (leniency), and partial introduction of lawyer and client privilege (confidentiality of communications with an attorney during cartel investigations). Part two of the lecture introduces “the new system of reduction and exemption of surcharge” in detail. Nowadays, even under the system of shiho torihiki, so-called “plea bargaining”, and in the field of the Anti-Monopoly Act, law enforcement procedures have become diversified and flexible by introducing commitment procedures and others. The Act was enacted after a two-year-long debate. Since there are few commentaries on the contents of the amendment, this lecture contains what the employees of corporations, regardless of their sizes and industry types, want to know.
→Contents of Amendment of the Anti-Monopoly Act and Issues in Practice (2)
(2) “Is Japanese Criminal Justice Still in the Middle Ages?!” (Last)
Speaker : Mr. YAMASHITA Terutoshi
This is the fourth part of the first ACPF Forum titled “Is Japanese Criminal Justice Still in the Middle Ages?!”, which was held in June 2019. It offers commentary on differences between the ways of thinking in the West and the East by focusing on the word “justice” in Mr. Carlos Ghosn’s saying that he did not escape from “justice”.
→”Is Japanese Criminal Justice Still in the Middle Ages?!” (4)
【 ３．Legal Updates 】
This section introduces legal information which is available to the public for our readers’ reference. Please refer to ACPF Mail Magazine No. 3 for the Amendment of the Act on Whistle Blowers Protection, Lowering of the age of majority, and Authorization of Holographic Wills.
(1) Laws, Measures and Commentaries
☞ The Amendment of the Anti-Monopoly Act (Fair Trade Commission) effective as of 25 December 2020
→New system chart and video commentary on main points of the amendment (in Japanese only)
→Japan Fair Trade Commission (English Site)
☞ Proposal for the use of online platforms for the general meetings of stockholders (Japan Business Federation)
→Toward fully virtual general meetings of stockholders (in Japanese only)
A comparison chart of in-person meetings in the room, hybrid meetings (partially online meeting), and fully virtual meetings is added.
→Japan Business Federation(English Site)
(2) Measures against COVID-19
★ Japan Business Federation→English Site
★ For information on relevant agencies→ACPF Mail Magazine No. 3
(3) Court and Ministry of Justice
☞Supreme Court Rulings
A legal essay by a family court investigation officer featuring a juvenile protection case and violation of privacy (negative)(in Japanese only)
In the above approval procedure, did senior officers of the investigation officer have a duty of care by making him amend the legal essay? (negative) (in Japanese only)
☞Renovation of Justice and Prosecutorial Service Meetings
6th Meeting (15 October 2020)
Opinions of the criminal justice system in Japan toward overseas criminal justice systems (relating to the defendant, Carlos Ghosn)
7th Meeting (15 November 2020)
Basic Guidelines for improving services (draft)(in Japanese only)
【 ４．From the Secretariat & Branches 】
This corner provides information from ACPF branches and related organizations in Japan and abroad. Issue No. 4 provides a message from Ms. Jolanta Redo, ACPF permanent representative to the UN office in Vienna.
(1) Greetings from Vienna
Ms. Jolanta Redo lives in Vienna and continuously supports the ACPF’s activities as a UN NGO. Her article provides information on the significance of the ACPF permanent representative to the UN Office in Vienna, her concrete activities, the recent situation of the COVID-19 pandemic in Vienna, and preparations for the 2021 Kyoto Congress.
・・・ Click here
（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. ４: Importance of “Ma” (Distance) in Japan / Editorial Note: Dreams in the 21st Century
The main point of the phrase “new lifestyle” is about keeping social distance. Although people in Western countries are not accustomed to distance, Japanese people are familiar with it. In many countries, it kissing, hugging, and shaking hands are common greetings. But Japanese people basically･･･continued
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