The Hiroshima Law Journal Volume 44 Issue 3
2021-01-25 発行

少年法上の処分選択に関する覚書

Memorandum on Choice of Disposition under the Juvenile Law
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abstract
In the Juvenile Law of 1949, the criteria for which disposition the Family Court should choose must be judged not only from the perspective of the least possible restriction of liberty rights but also from the angle of whether it is in the best interests of the juvenile. The requirements for imposing protective measures include the fact of delinquency and the need for protection, and the former should be limited by criminal law theories, while the latter should require three factors: (1) correctability, (2) lack of protection, and (3) protective adequacy. Taking some degree of social sentiment into account in juvenile justice is inevitable because of its structure.
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