日本における保護観察と修復的司法- 被害者心情伝達制度を中心に -

In Japan, restorative justice program is not institutionalized yet not only in community supervision (mainly probationary and parole supervision) but also in other stage of criminal proceedings. But, a kind of victim impact statement called “victim’s feeling conveyance system”,hereinafter referred as VFC, was established in community supervision by amending the Offender Rehabilitation Law and the Law for Probation under Suspended Execution of Sentence in 2007. The VFC was maintained even when those two acts were amended and re-codified totally as Community Supervision Act at the same year. The Act provides that a head of probation and parole office shall hear victim’s feeling and victim impact as well as victim’s opinion on probationer’s or parolee’s living and behavior and convey them to the probationer or parolee, if a victim apply for it. Ministry of Justice does not admit the VFC as one of restorative justice program formally, but it is not deniable that the VFC is RJ-friendly system because victim and offender can have an indirect dialogue through the intermediation of probation officer as “victim support officer”. The first three years after implementation, the application of VFC was limited especially in community supervision against serious offenders like murderer and robber. VFC has been rather applied in property offence cases like theft, fraud and embezzlement. Such a situation is a little different from the purpose for which it was originally intended. Moreover, a head of probation and parole office has the power not to permit VFC, if satisfied that VFC could hamper rehabilitation of probationer or parolee, or VFC is not appropriate after considering the characteristics of the case, implementation of community supervision and other situation. Up to now, decision not to permit VFC were only a few, but this embraces an important issue how to adjust the balance between rehabilitation of offenders and recovery of crime victims. Regardless of these limitations and problems, VFC hold the promise for restorative justice system. The result of VFC should be reflected in community supervision and, in the future, VFC should be extended to correctional treatment in prison.