ABSTRACT

Probation – in its rudimentary form – has a long history in both Germany and Japan, dating back to the 1800s in Germany and to 1888 in Japan. At a theoretical level, both Germany and Japan seem to uphold similar principles in probation. Examining the relevant legislation in both countries, for example, shows that both systems treat the primary purpose of probation as rehabilitation – preventing reoffending and reintegrating the offender into the community. For Japan, Article 1 of the Offenders Rehabilitation Act 2007 3 states that:

The purpose of this Act is … to prevent them from re-offending or eliminate their delinquencies and assist them to become self-reliant as sound members of society and improve and rehabilitate themselves by treating them properly within society.