Public Prosecutors Office (Japan)

The Public Prosecutors Office (検察庁, kensatsu-chō) is the unified organization of public prosecutors in Japan, responsible for investigating crimes, indicting suspects, and representing the government in criminal trials. It operates independently from the police, although collaboration and information sharing are essential. The Public Prosecutors Office is under the supervision of the Minister of Justice but acts independently in its prosecutorial decisions.

Organization and Structure

The Public Prosecutors Office system is hierarchical, consisting of the following levels:

• Supreme Public Prosecutors Office (最高検察庁, Saikō Kensatsu-chō): The highest level, located in Tokyo. It supervises and controls the High Public Prosecutors Offices and handles cases of national importance, as well as appeals to the Supreme Court.

• High Public Prosecutors Offices (高等検察庁, Kōtō Kensatsu-chō): Located in major cities (Tokyo, Osaka, Nagoya, Hiroshima, Fukuoka, Sendai, Sapporo, and Takamatsu), they oversee the District Public Prosecutors Offices within their jurisdiction and handle appeals from district court decisions.

• District Public Prosecutors Offices (地方検察庁, Chihō Kensatsu-chō): Located in each of the 50 district court locations. They handle the majority of criminal cases, conducting investigations and deciding whether to prosecute suspects.

• Local Public Prosecutors Offices (区検察庁, Ku Kensatsu-chō): Located in smaller cities and towns. They handle minor offenses and assist the District Public Prosecutors Offices.

Functions and Powers

The Public Prosecutors Office has the following primary functions:

• Investigation: Public prosecutors independently investigate crimes or receive cases from the police. They can issue search warrants, arrest warrants (through a judge), and question suspects and witnesses.

• Prosecution: Based on the investigation, public prosecutors decide whether to indict a suspect and bring them to trial. They have considerable discretion in this decision, considering factors such as the seriousness of the offense, the evidence available, and the suspect's circumstances. They can also decide to suspend prosecution, even when there is sufficient evidence, if it is deemed appropriate.

• Representation of the Government in Criminal Trials: Public prosecutors represent the government in criminal trials, presenting evidence and arguing for the conviction of the accused.

• Supervision of Investigations: They supervise the investigations conducted by judicial police officers.

• Execution of Penalties: After a conviction, the Public Prosecutors Office is responsible for the execution of penalties, such as imprisonment or fines.

Independence and Accountability

While the Public Prosecutors Office is under the supervision of the Minister of Justice, its prosecutorial decisions are meant to be independent and free from political interference. However, the Minister of Justice has the authority to direct the Prosecutor-General in specific cases under very limited and prescribed circumstances, a provision designed to ensure accountability. This power has historically been rarely used. The Public Prosecutors Office is accountable to the public through the legal system and is subject to judicial review.