[1] Ogawa, Naoto (2018) "Protection Orders at the Tokyo District Court" Family Court Journal, No. 16, p. 19.
[2] Ogawa, Naoto (2018) "Protection Orders at the Tokyo District Court" Family Court Journal, No. 16, p. 17.
[3] Taniguchi, Tetsuya (2018) "Protection Orders at the Osaka District Court" Family Court Journal, No. 16, p. 37
[4] Ogawa, Naoto (2018) "Protection Orders at the Tokyo District Court" Family Court Journal, No. 16, p .17; Taniguchi, Tetsuya (2018) "Protection Orders at the Osaka District Court" Family Court Journal, No. 16, p. 35.
[5] Ogawa, Naoto (2018) "Protection Orders at the Tokyo District Court" Family Court Journal, No. 16, pp. 18-19; Taniguchi, Tetsuya (2018) "Protection Orders at the Osaka District Court" Family Court Journal, No. 16, pp. 37-38.
[6] Under Article 208 of the Penal Code, a person found guilty of assault without injuring the victim may be imprisoned for up to two years, be fined up to JPY 300,000, face a penal detention and/or be ordered to pay a petty fine.
[7] Under Article 204 of the Penal Code, a person found guilty of causing injury to another person may be imprisoned for up to 15 years and/or be fined up to JPY 500,000.
[8] Under Article 205 of the Penal Code, a person found guilty of causing an injury to another person that results in death may be imprisoned for a definite term of not less than three years. Typically, sentences may be between three years and five years for domestic violence.
[9] Under Article 177 of the Penal Code, a person found guilty of forcibly committing sexual intercourse, anal intercourse or oral intercourse with another person over the age of 13 years old, through assault or intimidation, may be imprisoned for a definite term of not less than five years. The same rules apply to an individual found guilty of forcible sexual intercourse, etc., with another person under 13 years old.
[10] Under Article 316-33 (1) of the Code of Criminal Procedure, on the request of persons to participate in proceedings, the court may, when it finds it appropriate, make a ruling to allow the victim or others, or the legal representative of the victim, to participate in the proceedings of the case after hearing the opinions of the accused or the defense counsel and considering the following: (i) the nature of the crime; (ii) the relationship with the accused; and (iii) other circ*mstances where the crimes cause death or injury to a person through an intentional criminal act, where they are provided for in Articles 176-178, Article 211, Article 220 or Articles 224-227 of the Penal Code, where they include the aforementioned criminal acts (except for the offenses stated in item (i)) and where there are attempts to commit the offenses in the preceding three items.
[11] Articles 316-33 to 316-39 of the Code of Criminal Procedure provide for the victim participation system.
[12] Article 209 of the Penal Code.
[13] Articles 204 and 205 of the Penal Code.
[14] Article 177 of the Penal Code.
[15] Under Article 35 of the Penal Code, an act performed in accordance with laws and regulations, or in the pursuit of lawful business, is not punishable.
[16] Under Article 37(1) of the Penal Code, an act unavoidably performed to avert a present danger to the life, body, liberty or property of oneself or any other person is not punishable only when the harm produced by such act does not exceed the harm to be averted, provided that an act causing excessive harm may lead to the punishment being reduced or may exculpate the offender in light of the circ*mstances. Article 37(2) states that the preceding paragraph does not apply to a person under a special professional obligation.
[17] Under Article 172 of the Penal Code, a person who is found guilty of submitting a false complaint, accusation or other denunciation for having a punishment or disciplinary action imposed upon another may face imprisonment with work for not less than three months, but for not more than 10 years. However, it is rare for individuals to be charged with perjury in practice.
[18] Under Article 30 of the Prevention of Spousal Violence Act, persons who have filed a petition for a protection order with a written petition stating a false entry with regard to matters to be stated pursuant to the provisions of Article 12, paragraph (1) (including when the provisions are applied following the deemed replacement of terms pursuant to the provisions of Article 18, paragraph (2)) or the provisions of Article 12, paragraph (1) as applied mutatis mutandis pursuant to Article 28-2 following the deemed replacement of terms (including when the provisions of Article 12, paragraph (1) are applied following the deemed replacement of terms pursuant to the provisions of Article 18, paragraph (2) as applied mutatis mutandis to Article 28-2) are subject to a civil fine of not more than JPY 100,000.
[19] Under Article 36(1) of the Penal Code, an act unavoidably performed to protect the rights of oneself or any other person against imminent and unlawful infringement is not punishable. Under Article 36(2), an act exceeding the limits of self-defense may lead to the punishment being reduced or may exculpate the offender in light of the circ*mstances.
[20] Under Article 39(1) of the Penal Code, an act of insanity is not punishable. Under Article 39(2), an act of diminished capacity will lead to a reduction in punishment.
[21] Article 154 of the Code of Criminal Procedure states, "[t]he court must, except as otherwise provided in this Code, have witnesses swear an oath."
[22] Under Article 169 of the Penal Code, where a witness who has been sworn in gives false testimony, they may face imprisonment with work for not less than three months and not more than 10 years.
[23] Under Article 146 of the Code of Criminal Procedure, "[a]ny person may refuse to give testimony when there is a concern that such testimony may result in said person's criminal prosecution or conviction." Further, under Article 147, "[a]ny person may refuse to give testimony when there is a concern that such testimony may result in criminal prosecution or conviction against: (i) said person's spouse, blood relatives within the third degree of kinship or relatives by affinity within the second degree of kinship or a person who formerly had such relationship with said person; (ii) said person's guardian, the supervisor of said person's guardian or said person's curator; (iii) a person for whom said person is a guardian, supervisor of a guardian or a curator."
[24] Under Article 143 of the Code of Criminal Procedure, "[t]he court may, except as otherwise provided in this Code, examine any person as a witness."
[25] Article 208 of the Penal Code.
[26] Article 204 of the Penal Code.
[27] Article 205 of the Penal Code.
[28] Article 177 of the Penal Code.
[29] Under Article 29 of the Prevention of Spousal Violence Act, "[a] person who violates a protection order (including those under Article 10, paragraphs (1) to (4) as applied mutatis mutandis pursuant to the preceding Article following the deemed replacement of terms; the same applies to the following Article) is subject to imprisonment for not more than one year or a fine of not more than 1,000,000Yen."
