Arrested in Japan

July 14th, 2010By Category: Uncategorized

What to do if you’re arrested in Japan?

First of all, if at all possible, avoid getting arrested (or doing things that may get your arrested). With a near-100% conviction rate, chances are, that one phone call you make (if they let you make it) won’t do you much good.

Different Process

But, the process of arrests and convictions is much different from “back home”. In theory, the police do the research and detective work before actually making the arrest, to make sure that they’ve definitely got the “right man.”

72 Hours

Also, police are able to detain suspects for up to 72 hours without judicial proceedings, and that can be extended up to 20 days by a judge.

The Duty Attorney System

If you are arrested in Japan and want a lawyer you can organize this by calling the embassy but you can also ask the police to call the duty attorney (toban bengoshi). The police or court will then contact the nearest bar association and a lawyer from there will then come for a consultation with you. The first consultation of a duty attorney is free. During the consultation the the attorney will interview you without the presence of a police officer and inform you of your rights and the procedures that will follow. The attorney will also contact your family for you.

Important to know

If you do not speak Japanese you can ask for an interpreter and you should also be allowed to call your embassy. The police are not allowed to force confessions, although it does happen. If you feel that you have been falsely arrested make sure that you do not sign any confessions not even if pressured to do so as any signed confessions can be used in court even if changed afterwards.

Author of this article

GaijinPot

GaijinPot is an online community for foreigners living in Japan, providing information on everything you need to know about enjoying life here, from finding a job and accommodation to having fun.

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