Item of application: Commutation of punishment to community service


Conditions for application:
Offender who is convicted of an offense that carries a maximum principal punishment of not more than five years’ imprisonment or below, and is sentenced to imprisonment for not more than six months, detention or a fine. The applicant intends to be subject to community service in lieu of the execution of imprisonment.


Applicant:
The sentenced person


Application procedure:
Report to the court in person and apply to the prosecutor.


Document required:
Health examination document showing the existence/non-existence of tuberculosis (e.g., chest X-ray or sputum smear test).


Application period:
Application should be submitted before the execution of imprisonment in principle. However, application may still be submitted after imprisonment is executed as exceptional case, unless the right to application was renounced or earlier application was denied.


Reviewing criteria and processing result:
The prosecutor will judge whether “the non-enforcement will result in failure of corrective effect on the sentenced person or difficulty in maintaining social order” pursuant to his/her authority, and give an approval/denial on the spot. The Probation Office will inform the approved applicant of the way of implementation, period of implementation and notices about the duty.