For victims of traffic accidents

Transcription

1 For victims of traffic accidents 交 通 事 故 に 遭 われた 方 へ (Guideline for victims) ( 被 害 者 の 手 引 ) Name( 名 前 ) Police Station( 警 察 署 ) Contact( 担 当 者 ) Telephone Number( 電 話 番 号 )

2 Preface This leaflet has been produced for victims of traffic accidents and their family members. It covers the following questions. What support system is provided by the Police? What requests could the Police make of the victims and their family members? How are the traffic accident perpetrators punished? What types of motor insurance are available? We hope the leaflet will be helpful to you and your family members. このパンフレットは 交 通 事 故 の 被 害 者 やその 家 族 の 方 に 警 察 の 支 援 制 度 とはどのようなものか 警 察 が 被 害 者 やその 家 族 の 方 にお 願 いすることは 何 か 事 故 の 加 害 者 はどのような 手 続 で 処 罰 されるのか 自 動 車 の 保 険 制 度 はどのようなものか などをお 知 らせし 皆 さんの 手 助 けとさせていただくものです 少 しでも 皆 さんのお 役 に 立 てば 幸 いです ~ Table of Contents ~ 目 次 1. Do the police provide any support? 警 察 等 からの 支 援 はあるのですか ~ Support and communication system ~ 支 援 と 連 絡 の 制 度 2. How are traffic accident perpetrators punished? 加 害 者 はどのように 処 罰 されるのですか ~ From the start of the investigation to the determination of the punishment ~ 捜 査 開 始 から 処 分 決 定 までの 流 れ 3. What type of motor insurance is available? 自 動 車 保 険 などについて 教 えてください ~ Compensation and insurance systems ~ 補 償 と 保 険 の 制 度 4. Are there any systems of aid and redress? 救 助 や 救 済 制 度 はあるのですか ~ Types of aid and redress available ~ 救 助 や 救 済 の 内 容 5. Other than the police, which organizations can you seek advice from? 警 察 以 外 の 相 談 窓 口 はあるのですか ~ Seeking advice from relevant organizations and organizations specializing in counseling ~ 関 係 機 関 からのアドバイスとカウンセリングの 機 関

3 1 Do the police provide any support? The police can support the victims of traffic accidents and their families (hereafter written as the victims in this leaflet) by providing a police officer to escort you somewhere, as well as offering information and consultations. (1) Designated Victim Support Personnel System This system designates a police officer, who is not one of the investigators, as a Victim Support Officer to support victims that are suffering from emotional trauma shortly after a traffic accident. The Victim Support Officer will offer to escort the victim where the need to go and provide consultation on various issues. (2) Victim Information System The police understand that the victims have an interest in how the investigation of the traffic accident proceeds, whether the traffic accident perpetrators are caught or not, and what punishment is imposed on the perpetrators. In response to such interest, the police investigator in charge of the case will provide the victims with the following information concerning serious traffic accidents etc. Information about the traffic accident perpetrator Address, name and age etc. of the perpetrator The time, date and place of the traffic accident Progress of the investigation Information about the criminal punishment for the party responsible for the accident Arrest of the perpetrator Information regarding punishment of the perpetrator The public prosecutor s office where the suspect was sent, whether the suspect was indicted or not, the court where the perpetrator was indicted etc. Others Some people simply want to forget about a traffic accident and do not want to be contacted thereafter. In such cases, the victims should inform the police investigators to that effect.

4 (3) Provision of information on administrative punishment As well as criminal punishment, the perpetrator of a traffic accident is subject to administrative punishment such as revocation or suspension of their driver s license, sanctioned by the public safety commission. Prior to receiving administrative penalties (revocation and suspension for more than 90 days), the perpetrator will be subject to a public hearing. A representative may attend the hearing, however when neither the perpetrator nor a representative can attend, punishment may be imposed without any hearing. The police will provide information on the administrative punishment and hearing upon your request. Details of the administrative punishment We will provide information regarding the administrative punishment imposed on the perpetrator (revocation or suspension and the duration of suspension). The date of hearing etc. We will inform you of the date and place of the hearing. (4) Police consultation services The police offer support such as expert counseling services for victims. The following services are available. Police General Consultation Service (reception desk for various police consultation services) Police General Consultation Center (Telephone # ) Traffic accidents consultation services Kagawa Prefectural Police Headquarters (Telephone ) Nearest Traffic Police Station (5) Please let us know about non-police support and information systems. The following information systems are provided by organizations other than the police. The Victim Support Personnel System established within the Public Prosecutors Office Public Prosecutors Offices nationwide provide Victim Support Workers to support victims and help ease their anxiety. A Victim Support Worker offers support in the form of consultation with the victims on various issues, escorting them to a court, helping them to read case documents, helping them to get back items submitted in evidence and other procedures. They will also refer the victim to relevant organizations and groups that offer emotional, lifestyle and financial support depending on the condition of the victim.

5 2 How are the perpetrators punished? The following is the punishment procedure after a traffic accident. (1) Investigation An investigation is an activity whereby a perpetrator is identified through collecting evidence, the case is solved by establishing the facts and the perpetrator is punished. The following investigations are carried out by the police when a traffic accident occurs. Police Questionin The police investigator in charge will ask you in detail about the accident and how the traffic accident report was filed. We may take a statement from you. It may be difficult for the victims to revisit the details of the accident, when all they want to do is to forget or not talk about it. However police questioning is an indispensable step in determining the cause of the accident and identifying the perpetrator. The more details we discover, the faster and smoother the investigation will proceed. We would appreciate your cooperation in this matter. On-the-spot Investigation An on-the-spot investigation involves the police officer examining the following things in detail in order to identify the details and the cause of the accident: The scene of the traffic accident The clothes the victim was wearing at the time of the accident or the vehicle involved in the accident Victims may be asked to revisit the scene of the accident. Furthermore, victims may be asked to submit the clothes the victim was wearing at the time of the accident as evidence that may help to solve the case. The evidence may have a large impact on the outcome of the trial.

6 (2) Sending suspects to the Public Prosecutors Office A perpetrator suspected to be the criminal by the police (the perpetrator is called the Suspect ) must be sent to the public prosecutor with evidence using the following procedures. This is called sending a suspect to the public prosecutors office. When the suspect is arrested If it is deemed necessary for investigation, the suspect will be arrested and sent to the public prosecutor with relevant documents and evidence within 48 hours after the arrest. If the public prosecutor decides it is When the suspect is not arrested When the suspect is not arrested and is investigated on a voluntary basis, the relevant documents and evidence will be sent to the public prosecutor after the police have collected all the evidence they require. necessary to detain the suspect, he or she will ask the judge to issue a detainment order within 24 hours after the suspect arrives at the Public Prosecutors Office. When there is a need to detain the suspect for a longer period, the suspect may be detained for a maximum of 20 days. (3) Indictment The prosecutor will decide whether or not to bring the suspect to trial on the basis of the evidence sent. Bringing the suspect to trial is called Indictment. Choosing not to bring the suspect to trial is called Non-indictment. There are two types of requests available to a prosecutor seeking indictment. Demand for a Trial which requests a public trial. Summary indictment which requests a judicial trial where fines or minor fines are ordered through written proceedings. (After the suspect is indicted, he or she is referred to as the Defendant. )

7 (4) Trial At the trial, the judge will conduct a trial based on evidence and give a decision. Victims may sometimes be asked to testify during the criminal trial as a witness. The following measures have been introduced by the court to protect the victims. A witness should be accompanied by a person deemed to be appropriate by the court. There should be a physical shield to hide the witness s identity from the defendant and court spectators. There should be a system where the witness can testify from a different location via a video monitor. In addition, the following measures have also been introduced: After the first day at court, in principle, the victims may inspect and photocopy the dossier of the criminal case. Victims will be given an opportunity to express their feelings about the harm they suffered or give their opinion concerning the crime. If the victim requests to be given priority in observing court proceedings, the court will take this into consideration. When an out-of-court settlement is reached between the victim and the defendant, the details of the out-of-court settlement may be written down in the record of investigation to avoid a civil suit. Victims may receive a paper copy of the summary of the opening statement made at the Public Prosecutors Office. Victim participation system Victims of dangerous driving resulting in injury or death or automobile manslaughter are allowed to join in criminal trials with court permission as victim participants. Specifically, a victim can attend the trial and under certain conditions he/she can question the witnesses or the defendant, or give his/her opinion about the facts or the application of the law. Court-appointed lawyer system for victims Victim participants can appoint a lawyer to appear in court and question the defendant on his/her behalf. If the amount of money the victim possesses (total amount of cash and savings etc.) excluding the essentials (the total medical cost incurred within 3 months of the claim for injuries caused by the criminal activity, and other expenses) is under the criterion (1.5 million yen), the victim can request a court-appointed lawyer (victim participant lawyer). The

8 government shall bear the full cost of the lawyer. Compensation order system Victims of intentional criminal activities, such as dangerous driving causing death or injury, can request that the court orders the defendant to pay compensation for the damage caused by the crime, if the criminal case is pending at the district court. Immediately after the defendant has received a guilty verdict, a trial for the case of the compensation order will commence. In principle, this trial will be carried out within four days in an expedient manner. The court that dealt with the criminal case will, by its own authority, conduct an investigation and therefore simplify the process of the victims having to prove his/her damages. Furthermore, in the instance that the trial takes longer than the four day period, or if an objection is raised against the request that the court orders the defendant to pay compensation, the action will be transferred to ordinary civil proceedings. For more details, please consult the prosecutor in charge, the Public Prosecutors Office or the court handling the case. In consideration for the victims of juvenile crime and their families the following measures have been introduced. After a decision on start of the hearing has been made, the victims may, in principle, peruse and photocopy the dossier of the juvenile criminal case stored in the court (excluding so-called social records which contain surveys concerning the necessity of protection for the juvenile). Victims will be given an opportunity to express their feelings about the harm they suffered or give their opinion about the crime to the judge(s) and to the investigators of the Family Court. With regard to cases where the perpetrator has killed or injured a victim in an intentional criminal act such as automobile driving manslaughter (excluding juvenile cases when the perpetrator was younger than twelve years old at the time of the crime and cases of injury where the victim s life was not endangered by the injury), victims are allowed to attend the juvenile hearing upon request. The victims can receive an explanation of the progress of the hearing from the Family Court. The victims can receive notification of the result of the hearing from the Family Court. For more details please consult the Family Court dealing with the case.

9 Criminal Procedure Chart Occurrence of Traffic Accident Criminal Investigation begins Police Procedures Referral to the Prosecutor s Office Within 48 hours Arrest Voluntary Investigation Police questioning of victims and parties involved. Referral Release Prosecutors Office Procedures Request for detention to the judge Detention hours Within 24 Maximum 20 days Detention Indictment Questioning by prosecutor Referral on-indictment Court Procedures Demand for a trial Documentary examination Trial Summary Order Appearance in court of a witness Judgement * If the suspect is a juvenile (less than 20 years of age), juvenile trial proceeding may be followed. A juvenile trial follows a different set of procedures than listed here.

10 3 What type of motor insurance is available? The security system for victims of traffic accidents is described below. (1) Automobile Liability Insurance and Voluntary Insurance Automobile insurance is operated under two systems; Automobile Liability Insurance, also called compulsory insurance (includes mutual aid) and voluntary insurance (includes mutual aid). Every automobile has an obligation to be insured by Automobile Liability Insurance which is designed to provide relief to victims of traffic accidents. Voluntary insurance includes liability coverage not covered by Automobile Liability Insurance. The following is a comparison of the two systems: Automobile Liability Insurance Voluntary Automobile Insurance Compulsory (obligation) Membership Voluntary Physical Injury Only Coverage Physical Injury and Property Damage Max. Maximum amount of compensation Death 30 million yen amount of according to the insurance policy Injury 1.2 million yen benefit Physical 750, million Paid impediment yen (Based on the Grade of Disabilities 1-14) Fundamentally, physical injury is covered by Automobile Liability Insurance. However when the amount of damage exceeds the limits of coverage, the exceeding amount is to be covered by Voluntary Automobile Insurance. For example, if the amount of damage of a death accident is calculated at 70 million yen, the maximum coverage amount of 30 million yen is compensated for by Automobile Liability Insurance, and the whole or partial amount of the shortfall of 40 million yen is recovered by the Voluntary Automobile Insurance insuring the perpetrator or the Physical Injury Insurance insuring the victim. If the compensation amount does not cover the amount of damage, or the parties involved are not insured, the perpetrator will become liable for the damages.

11 Amount of damage Payment Compensated by Automobile Liability Insurance up to the maximum amount of 30 million yen 70 million yen What happens to the shortfall of 40 million yen? Payment Covered by Voluntary Automobile Insurance Compensated within the coverage of the policy Not Covered by Voluntary Automobile Insurance The perpetrator is liable for the damages (2) Automobile Liability Insurance Security Project The victim is unable to make a claim for Automobile Liability Insurance for the following types of accidents causing physical injury: The hit-and-run driver of the automobile is unidentified The driver that caused the accident is not insured under Automobile Liability Insurance To protect victims in these circumstances, the government has put into place a system called the Automobile Liability Security Project that covers any deficiency for the amount of damages. Please ask your damage insurance company about how to make a claim, and what documents are required. (3) Other Liability Claims In accordance with Article 3 of the Automobile Liability Security Act, victims are able to make a claim for automobile accidents causing injury or death against not only the perpetrator but also against the owner of the vehicle for economic and non-economic damages.

12 4 Are there any systems of aid and support? The following systems of aid and support are available for victims of traffic accidents. (1) Financial Assistance and various support/ welfare systems Provided by Public Offices Name Alleviating the burdens for Victims Welfare system Priority Access to Public Housing Description This system alleviates the economic burden of victims who have been injured in traffic accidents. Payment is provided towards the following medical expenses: Loss of family members Post-mortem Certificate fee, cost for transportation of the dead body, cost for dead body repair Suffering of injuries Cost of first consultation, cost of medical certificate Contact: Police Station or Police Headquarters in charge of the case. There is a welfare loan system for single-mother households that have lost the father due to a traffic accident. Available loans include Child Raising Allowance and Welfare Funds for Mothers with Dependent Children. The Livelihood Protection System provides for those who, due to loss of income or low income, have trouble making a living with necessary protection such as living allowance, education allowance, housing allowance, and medical assistance corresponding to their needs. Contact: City Welfare Office or Town Hall This system offers priority access to public housing for those who are having trouble making a living because their income has been reduced as a result of a traffic accident or those who are having difficulties residing at a property at or close to which a traffic accident occurred. Contact: Department in charge of public housing in your municipal government Please contact the relevant organizations for more information. Carried out by various support organizations and aid organizations Name National Agency for Automotive Safety and Victim s Aid Description This group offers the following assistance to victims, including loans to cover living expenses for orphans of traffic accidents or children of traffic accident victims with severe residual disabilities, until the children graduate junior high school. Takamatsu Branch Office Hotline for Victims of Traffic Accidents 1. Care payments for traffic accident victims with a severe physical impediment that requires full-time or part-time care. 2. Grant to cover costs for a short term admission into hospital, or short-term entry into a nursing home for traffic accident victims with severe residual disability. 3. Setting up and operating nursing care facilities to treat and nurse

13 :00~17:00 Excluding Saturdays and Sundays, Public Holidays and Endof-year and the New Year patients with persistent disturbance of consciousness due to traffic accidents. 4. Loans to cover living expenses for orphans of traffic accidents or children of traffic accident victims with severe residual disabilities. 5. Consultation on care and every-day life for orphans of traffic accidents. Website: Japan Legal Support Center Kagawa Regional Office Crime Victims Support Telephone Number The Center provides free information on lawyers who are knowledgeable about assisting victims and crime victim support organizations. The Center also provides legal consultation at no charge and advances fees for court representation and document preparation fees for people with financial difficulties. Furthermore, commissioned by the Japan Federation of Bar Associations, the Center also assists with attorney fees for victims of certain crimes, from a human rights standpoint. Website: Please contact the relevant organization for more information (2) Support system in terms of tax regulations Tax deduction and allowances that reduce income tax may be available for victims who have paid medical fees for injuries, suffered physical injuries or have been separated from their spouse by death due to traffic accidents. Name Medical Expenses Deduction Description Tax deduction (only for sums that exceeds a fixed threshold) on paid medical bills (excludes insurance coverage received to compensate for the said medical bill). Allowance for disabled persons Tax deduction of 270,000 yen for disabled persons (400,000 yen when the disability is severe - the same shall apply hereafter) and 270,000 yen for each dependent disabled person. Widow's (Widower s) In general, a tax deduction of 270,000 yen will be given to a wife (widow) separated from her husband, or a husband (widower) separated from his wife. exemption Please contact the nearest tax office for more details..

14 5 Other than the police, which organizations can you seek advice from? Other than the police, public offices, public institutions and various organizations offer the following advisory centers and counseling services. (1) Various Consultation Services Name Public Prosecutors Office Victim Support Hotline Probation Office The Early Stage Support Organization for Crime Victims Description Offering victims and the chance to ask questions about their cases and talk about the effects of their accidents. Takamatsu District Public Prosecutors Office Tel: Website The gateway to Public Prosecutors Offices across the country (website of Public Prosecutors Office) Offering telephone and face-to-face consultation for victims, counseling for distress and anxieties, explanations of the various systems and authorities involved in the case. Takamatsu Probation Office Address: Takamatsu, Marunouchi 1-1, Takamatsu Governmental Joint Office of Legal Affairs 6F Dedicated phone line: Addresses of Probation Offices nationwide (Policies for Crime Victims Website) In partnership with the relevant organizations such as the police, The Early Stage Support Organization for Crime Victims designated by the Prefectural Public Safety Commission and Private victim support groups that are members of the National Network for Victim Support offers support to victims by conducting telephone, , and face-to-face counseling, as well as escorting victims to court, hospital or the police station. Contact: Victim Support Center Kagawa, Takamatsu, Tenjinmae 7-18, Goda Building No. 2 2F Tel: Nichibenren Traffic Accident Consultation Center Website: Offers free legal consultation on the percentage of negligence or any troubles with the insurance payout, mediation of out-of-court settlements regarding negotiation of damages, and higher brain dysfunction due to traumatic brain injury. Contact: Takamatsu Consultation Office (Telephone ) Website: Please ask the relevant organizations for more details.

15 ⑵ Counseling Victims suffering from severe shock after an accident may exhibit symptoms such as deep anxiety, and uncontrollable emotions. The following organizations offering phone and face-to-face counseling services are available to support such victims. Victim Support Center Kagawa Tel: Tuesday-Friday