2013poj(1-5)

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Page 1: 2013POJ(1-5)

ORGANIZATION & RESOURCES

1. Responsibilities

Police responsibilities under the Po-lice Act include "protecting life, per-son and property; preventing, sup-pressing and investigating crimes;apprehending suspects; traffic en-forcement; and, maintaining public

states that "when a judicial policeofficial deems an offense has beencommitted, he shall investigate theoffender and evidence thereof." Ac-cordingly, the police are empoweredto investigate not only penal codeof fenses but also all illegal acts

punishable under Japan's judicialsystem. Most cases are investi-gated by the police and referred tothe public prosecutor’s office forprosecution. While public prosecu-tors are also empowered to conductinvestigations, their investigationsare generally supplementary. Theprimary duty of the public prosecutoris to determine case dispositions andprosecute defendants.

Several other authorities such asthe Japan Coast Guard and theNarcotics Control Department retaininvestigative powers. Their investiga-tions are generally limited in scope,as authorized by act, and the numberof cases is small.

Besides criminal investigations, thepolice perform many administrativeactivities to maintain public safetyand order applying various acts suchas the Road Traf c Act and the Anti-

The police also conduct a wide va-riety of activities and maintain closecontact with local communities to:・ Prevent crimes;・ Handle lost and found articles;・ Give guidance to juveniles;・ Help people in times of disaster;・ Take care of lost children andrunaways; and, ・ Provide counseling services tohelp citizens solve their problems.

2. History

and had created a structure consist-ing of national and municipal policewith the aim of ensuring democraticmanagement and decentralization ofpolice power.

Boryokudan Act.The old Police Act had an epochal

significance in that it had aimed atdemocratizing the police. However, ithad institutional shortcomings suchas the existence of a multitude ofmunicipal police forces in parallelwith the National Rural Police. Thiscaused several problems.

With a view to retaining the goodfeatures of the old act and remedy-ing its institutional shortcomings, theold Police Act was amended in its

entirety into the present act in 1954.The National Police Agency was es-tablished and the present police sys-tem started under the present PoliceAct.

safety and order."3. Organization

The Code of Criminal ProcedureThe Police Act empowers the na-

tional government to establish acentral police organization to controland supervise prefectural police or-ganizations on matters of nationalconcern. The act also gives eachprefecture the authority to carry out

police duties to "protect life, personand property" and "maintain publicsafety and order" within its prefec-tural jurisdiction. At both the nationaland prefectural levels, public safetycommissions have administrative su-pervision over the police.

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Superintendent GeneralToshiyoshi KAWAJI

In 1872, the government sent the rstSuperintendent General ToshiyoshiKAWAJI to Europe to study the policesystem. He returned the following yearand in 1874 established the TokyoMetropolitan Police Department in theMinistry of the Interior. This was thefirst modern police agency in Japan.The police system was based on aNational Police system.

In the process of the democratiza-tion of Japan after World War Ⅱ , theold Police Act, enforced in 1948, hadincorporated the system of PublicSafety Commission into the police

Page 2: 2013POJ(1-5)

A. National Police Organization

The National Public Safety Com-mission and the National PoliceAgency (NPA) constitute Japan's na-tional police organization.

( 1) National Public SafetyCommission

After World War II, the public safetycommission system was introducedunder the process of police reform.The main object of the introduc-tion of this system is to ensure thedemocratic administration and politi-cal neutrality of the police under theadministrative supervision by thecommission which consists of peoplewith good sense.

The National Public Safety Com-mission exercises administrativesupervision over the NPA. While theCommission is under the jurisdic-tion of the Prime Minister, the PrimeMinister is not empowered to exer-cise direct command or control. Thisensures the Commission's independ-ence and its political neutrality.

The Commission formulates basicpolicies and regulations, coordinatespolice administration on matters ofnational concern and authorizesgeneral standards for training, com-munication, criminal identification,criminal statistics and equipment.

The C ommission appoints theNPA's Commissioner General andsenior officials of prefectural policeorganizations. The Commission indi-rectly supervises prefectural policeorganizations through the NPA.

The Commission consists of achairman and f ive members. Tomake the cabinet's responsibility forthe public safety clear, the chairmanis a state minister who presides overCommission meetings. Members,

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who serve a five-year term, are ap-pointed by the Prime Minister withthe consent of both houses of theDiet. They must be persons whohave not served as police or pros-ecutorial officials for the last fiveyears. To ensure political neutrality,no more than two members may be-long to the same political party.

To fulfill its duty, the Commissionholds a regular meeting once aweek, and if necessary, holds addi-tional meetings.

( 2) National Police Agency

(a)Organization and Authority

The NPA is headed by a Commis-sioner General who is appointed ordismissed by the Commission withthe approval of the Prime Minister.The Commissioner General, underthe administrative supervision ofthe Commission, administers theagency's operations, appoints anddismisses agency employees andsupervises and controls prefecturalpolice organizations within the agen-cy's de ned duties

sThe NPA’ duties include:・ Planning and research on police

systems;・ National police budget;・ Review of national policies on po-lice;・ Police operations in time of large-scale disasters and disturbances;・ Formulation and implementation ofplans for emergency situations;・Measures against trans-prefecturalorganized crime;・ Traf c regulation on national high-ways;・ International criminal investigationassistance;・ Operation of the Imperial Guard;・ International emergency relief ac-tivities;・ Police training;・ Police communications;・ Criminal identi cation・ Criminal statistics;・ Police equipment;・ Standards of recruitment, dutiesand activities of police personnel;・ Coordination of police administra-tion; and,・ Inspection.

System of Public Safety Commissions

National Police Agency

Commissioner General

sSupervision and controlwithin the agency’de ned duties

Prefectural Governor

Jurisdiction

National PublicSafety Commission

Chairman(Minister of State)

5 Members

Administrative Supervision

Prefectural PoliceHeadquarters

Prefectural Governor

Jurisdiction

Prefectural PoliceOrganization

Prefectural PublicSafety Commission

3 or 5 Members

Administrative Supervision

Page 3: 2013POJ(1-5)

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ORGANIZATION & RESOURCES

(b) Organizations Attached tothe National Police Agency

NPA-attached organizations includethe National Police Academy, theNational Research Institute of Po-lice Science and the Imperial GuardHeadquarters.

The National Police Academy pro-vides training to senior police of cersand carries out academic research.It has nine training departments, in-cluding Community Safety, CriminalInvestigation, Traffic, and SecurityTraining Departments. Experts in

each department serve as instruc-tors or researchers. Academy sub-units that provide advanced andexpert training and conduct researchare: the Highest Training Institute forInvestigation Leaders, the Researchand Training Center for InternationalCriminal Investigation and Police Co-operation, the Police Policy ResearchCenter, the Police Info-Communi-cations Research Center, the PoliceInfo-Communication Academy, andthe Research and Training Center forFinancial Crime Investigation.

The National Research Institute of

Police Science conducts research inforensic science and applies the re-sults of such research in the exami-nation and identi cation of evidencecollected during police investiga-tions. It also conducts research onjuvenile crime prevention and traf caccidents. The Institute's seven de-partments are: General Affairs; First,Second, Third and Fourth ForensicScience; Criminology and BehavioralSciences; and, Traf c.

The Imperial Guard Headquartersprovides escorts for the Emperor,Empress, Crown Prince and other

Crime

Commissioner CommunityGeneral’s SafetySecretariat Bureau

CommunitySafetyPlanningDivision

CommunityPolice AffairsDivision

JuvenileDivision

SafetyDivision

CybercrimeDivision

CriminalInvestigationBureau

InvestigativePlanningDivision

1stInvestigationDivision

2ndInvestigationDivisionDirector forCriminalIdentification

ForeignAffairs andIntelligenceDepartment

ForeignAffairsDivision

CounterInternationalTerrorismDivision

(5)

TechnicalCouncilor

Counselor(5)

ChiefInspectionOfficer

ExecutiveAssistant tothe NPSC

GeneralAffairsDivision

PersonnelDivision

FinanceDivision

Allowanceand WelfareDivision

InternationalAffairsDivision

Strategy-Planning andAnalysisDivision

JapaneseOrganizedCrimeDivision

Drugs andFirearmsDivision

Director forInternationalInvestigativeOperations

OrganizedCrimeDepartment

SecurityPlanningDivision

PublicSecurityDivision

SecurityDivision

SecurityBureau

Info-CommunicationsBureau

Director forPrevention ofMoneyLaundering(JAFIC)

Crime

Director forEconomicEconomicInvestigations

AttachedOrganizations

RegionalBureaus

TrafficBureau

Info-CommunicationsPlanningDivision

InformationSystemsDivision

CommunicationFacilitiesDivision

High-TechCrimeTechnologyDivision

SeniorCouncilor

Councilorfor PolicyEvaluation

CouncilorTrafficPlanningDivision

TrafficEnforcementDivision

TrafficManagementand ControlDivision

LicenseDivision

Organization of NPA (2012)

Commissioner General

Deputy Commissioner General

Page 4: 2013POJ(1-5)

Imperial Family members. It is alsoresponsible for the security of theImperial Palace and other Imperialfacilities. It consists of the ImperialPolice Administration, the ImperialSecurity and the Imperial Escort de-partments.

( c) Regional Police Bureaus

Regional Police Bureaus (RPB) aresubordinate to the NPA. There areseven RPBs nationwide. They arelocated in major cities of each geo-graphic region. Tokyo MetropolitanPolice Department and Hokkaido

Prefectural Police Headquar tersare excluded from the jurisdiction ofRPBs.

Headed by a Director General,each RPB exercises necessary con-trol and supervision over and pro-vides support services to prefectural

police within its jurisdiction, underthe authority and orders of NPA's

National Research Institute of PoliceScience

Imperial Guard Headquarters

National Police Academy

Commissioner General.Regional Police Bureaus

Attached to each RPB is a RegionalPolice School that provides policepersonnel with education and train-ing required for staff of cers as wellas other necessary education andtraining.

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Page 5: 2013POJ(1-5)

ORGANIZATION & RESOURCES

B. Prefectural PoliceOrganization

The Police Act requires that eachprefectural government has its ownpolice organization to carry out po-lice duties within its jurisdiction. ThePrefectural Public Safety Commis-sion and Prefectural Police Head-quarters constitute the police organi-zation.

( 1) Prefectural Public SafetyCommissions

Prefectural Public Safety Commis-sions (PPSC) are under the jurisdic-tion of elected prefectural governors.PPSC exercise administrative super-vision over the prefectural police byformulating basic policies and regu-lations for police operations. Theyare also authorized to issue adminis-trative licenses for amusement busi-nesses, rearm possession and driv-ing permits; however, neither PPSCnor prefectural governors nor electedassemblies may supervise individualcases or specific law enforcementactivities of the prefectural police.

Large PPSC have five members,while others have three. Membersare appointed from those who havenot served as a police or prosecu-torial official within five years ofappointment by the prefectural gov-ernor with prefectural assembly'sconsent and serve a three-year term.The members then elect their chair-man among them. A majority of thePPSC members may not belong tothe same political party.

(2)Metropolitan Police Depart-ment and Prefectural Police

Headquarters

(a)Organization and Authority

The local police force of Tokyo isthe Metropolitan Police Department(MPD), while all other prefectureshave Prefectural Police Headquar-ters (PPH). The MPD and PPH,though the names and the proce-dures of appointing their heads areslightly different, have identical func-tions and authorities with respect totheir jurisdictions. The MPD is head-ed by the Superintendent General,and the PPH are headed by chiefs.They are responsible for all policeoperations and personnel. WhilePPSC exert administrative supervi-sion over the MPD and PPH, theymay not interfere in individual policeoperations.

The Superintendent General of theMPD is appointed and dismissed bythe National Public Safety Commis-sion, with the approval of the PrimeMinister after obtaining the consentof the Tokyo Metropolitan PublicSafety Commission. PPH chiefs areappointed and dismissed by the Na-tional Public Safety Commission withthe consent of their PPSC.

(b) Police Stations, PoliceBoxes and ResidentialPolice Boxes

The MPD and the PPH divide theirterritory into districts, each under thejurisdiction of a police station headed

by a station chief. As operationalunits at the front lines, police stationsperform their duties in close contactwith the local community.

Police boxes (Koban) and residen-tial police boxes (Chuzaisho) aresubordinate units of police stationsand are located in sub-districts of

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the station. They are the focal pointsof community police activities andser ve as the "Community SafetyCenter" for local residents.

They play the leading role in themaintenance of the safety of localcommunities through links with thepeople and local government bodies.To permit them to successfully ful llthis role, Japanese police strive toprovide them with the infrastructurethey require.

(c)Relations Among Prefec-tural Police Organizations

A lthough each PPH (includingMPD) is independent, when large-scale incidents occur within a singleprefecture or crimes cross prefec-tural borders, other prefectural policeforces and the NPA render assis-tance when requested. In addition,PPH can extend their authority (gen-erally up to 15 km beyond its border)to cope with incidents occurring onor near prefectural boundaries. APPH can also exercise its authorityin other prefectures to such an extentas necessary for protecting the life,persons and property of the prefec-ture's residents and maintaining thepublic safety of the prefecture.