Article 248 of Japan’s Code of Criminal Procedure lets a prosecutor decide not to indict. The prosecutor weighs the offender’s character, age and circumstances, the gravity and circumstances of the crime, and “the situation after the offense.”
Defense lawyers advise that a settlement with the victim, jidan, with an apology and compensation, is the most important step toward a suspended sentence. It shows that the offender is remorseful and that the harm has been repaired.