Orders to Attend Lectures or Complete Courses
Orders to Attend Lectures or Complete Courses for Persons Determined Guilty- Suppose the court declares the child abuse assailant guilty (excluding sentence suspension). In this case, the court may also order the assailant to attend lectures (orders to attend lectures under the Act on Probation) or complete child abuse treatment courses for (hereinafter referred to as “Order to Complete Courses”) up to 200 hours to prevent recurrence of crimes (Article 8, paragraph 1 of the Act on Special Cases Concerning the Punishment Etc. of Child Abuse Crimes).
※ Criminals who are highly likely to recommit drug cases, drink and drive, domestic violence, sexual violence, etc., are “ordered to attend lectures.” In this case, the criminal has to receive education and medical treatment for a certain period to improve his/her sexual behavior. This aims at aggressively preventing the crime from recurring due to mental or psychological reasons, or the criminal wrongly recognizing the problem or behavior habituation. (Ministry of Justice: Crime Prevention Policy Bureau).
※ Child abuse assailants declared guilty are “ordered to complete courses” of child abuse treatment programs for a certain period at the probation office or a specialized agency designated by the probation office (refer to the main text of Article 8, paragraph 1 of the Act on Special Cases Concerning the Punishment Etc. of Child Abuse Crimes).
If the Criminal is Ordered to Complete Courses and Attend Lectures- If the sentence execution has been suspended
· If the child abuse assailant’s sentence has been suspended, he/she will be ordered to attend lectures during the period of execution suspension (Article 8, paragraph 2 of the Act on Special Cases Concerning the Punishment Etc. of Child Abuse Crimes).
- If Sentenced to a Punishment Heavier than a Fine
· If the child abuse assailant has been sentenced to imprisonment or a fine, he/she will also be ordered to complete courses (Article 8, paragraph 2 of the Act on Special Cases Concerning the Punishment Etc. of Child Abuse Crimes).
Execution Period of Orders to Complete Courses or Attend Lectures- The criminal shall be ordered to complete courses or attend lectures during the suspended execution period, within six months after a fine is confirmed, and term in prison when sentenced to imprisonment (Article 8, paragraph 4 of the Act on Special Cases Concerning the Punishment Etc. of Child Abuse Crimes).
Education Contents of Lectures and Courses- The courses to take or complete are as follows (Article 8, paragraph 6 of the Act on Special Cases Concerning the Punishment, Etc. of Child Abuse Crimes).
· Diagnosis and counseling of the behavior of child abuse
· Education for the person to obtain basic knowledge as a guardian
· Other matters necessary to prevent the child abuse assailant from recommitting the crime