Criminal justice system of Japan

692:). Serious miscarriage of justice cases in Japan involve police deliberately faking evidence (and insufficient supervision by the prosecutor to spot such rogue behavior) such as where the police already knew (or suspected) the location of the body or the murder weapon, but they fake the police record to make it appear that it is the suspect who revealed the location. During the 1970s, a series of reversals to death penalty cases brought attention to the fact that some accused, after intensive interrogation, had signed "as-yet-unwritten confessions", which were later actually filled in by investigating police officers. Moreover, in some cases, the police falsified the record so that it appeared that the accused confessed to the location of where the body was buried, yet the truth was that the police had written the location into the confession after the body was discovered by other means. These coerced confessions, together with other circumstantial evidence, often convinced judges to (falsely) convict. 704:, has also supported videotaping interrogations. Police and prosecutors have traditionally been opposed to videotaping interrogations, stating that it would undermine their ability to get confessions. The current office of prosecutors has, however, reversed their previous opposition to this proposal. Proponents argue that without the credibility of confessions supported by electronic recordings, the lay judges may refuse to convict in a case when other offered evidence is weak. It is also argued that recording of interrogation may allow for standards to be lowered in the "revelation of secret", where the confession must contain an element of the crime that police and prosecutor did not know about. Once the recording is introduced, it would become impossible for the police to forge a confession. Then, it may become possible to bring a conviction based on a confession of elements of the crime that only the perpetrator and the police knew. 570:

different dates, they would then present each case, which the judges examined: the court would be put in recess again and each side would go back to gather further evidence. Some complex trials took years or even a decade to conclude, which is impossible under a jury system. During the questioning of evidence, judges were explicit about their opinions by the way they questioned the evidence, which gave greater predictability about the final verdict. For this reason, the prosecutor is far more likely to bring in the case where conviction is assured, and the accused is far more likely to settle. Moreover, the paper found that Japanese prosecutors have a far more pressing need to be selective. Out of a population of 125 million, the Japanese government only employs a mere 2,000 lawyers. Despite Japan having a low crime rate, such numbers create a significant case overload for prosecutors.

470:, the justice minister. The first trial by lay judge lasted four days, while some comparable criminal cases may last years under the old system. The historic trial of 72-year-old Katsuyoshi Fujii, who stabbed his 66-year-old neighbor to death, had substantial media attention. The selected lay judges must be voters, at least 20 years old, and possess a secondary-level education. Professional lawyers and politicians may not serve as lay judges in the new system. At least one judge must concur with the majority vote from the lay judges in regards to a guilty verdict; however, a majority not guilty verdict by the lay judges will stand. During the inaugural case, the citizens relied on the professional judges to help ascertain a sentence for the verdict decided upon, but felt confident in their interpretation of the trial arguments presented by the prosecution and defense. 649:

acquittals have worse careers. According to another study, cases that had a negative impact on judges' careers in Japan all involved political issues, such as labor or electoral laws, rather than disputes over the actual facts of the case (i.e., whether the defendants committed the alleged acts). In these instances, judges issued not guilty verdicts based on technicalities, like statutes of limitation or constitutional arguments, which were later overturned by higher courts. In contrast, when judges acquitted defendants due to insufficient evidence to prove they committed the alleged acts, they faced no professional repercussions. As a result, the study concluded that while Japanese judges tend to be politically conservative in their legal interpretations, they are not biased when it comes to determining the facts of a case.

680:

weapon was purchased, a fact about the crime scene, etc. Furthermore, to safeguard against the possibility that the interrogator has implanted such knowledge into the confession, the prosecutor must prove that such revelation of a secret was unknown to the police until the point of confession. For example, in the 1948 Sachiura murder case, the conviction was initially secured by the confession of the location of the body, which was yet to be discovered. It later transpired that the police had likely known the location of the body, and this created a possibility that the confession of this information could have been forged and implanted by the investigating police. This resulted in the higher court declaring the confession unsafe and reversing the verdict.

566:

affected judges' careers had political implications (such as labor law or electoral law) and that the facts of the case (i.e., the defendants committing the accused deed) itself were never in dispute. However, judges delivered not guilty verdicts on technicalities such as statutes of limitation or constitutional arguments, which were subsequently reversed in a higher court. In cases in which the judge delivered a not guilty verdict because they ruled that there was insufficient evidence to ascertain that the defendants did the accused deed, the judge suffered no negative consequence. For this reason, the paper argued that Japanese judges are politically conservative in legal interpretation but are not biased in a matter of fact.

466:, began August 3, 2009, under a new law passed in 2004. Six citizens became lay judges and joined three professional judges to determine the verdict and sentence the defendant. Japan belongs to an inquisitory system of the criminal process. Therefore, a judge oversees the proceedings and also determines the guilt and the sentence of the accused. The citizen lay judges, as well as professional judges, are allowed to put forth questions to defendants, witnesses, and victims during the trial. The new system aims to invite the participation of the wider community and also provide a speedier, more democratic justice system, according to 108:

cautious judgment on inferences. For example, according to Akira Sugeno, a lawyer who is a senior member of the Japan Federation of Bar Associations, a 2016 street crime in which three people were attacked with kitchen knives was charged with injury because there was no evidence of intent to kill, but before the system change it would have been charged as attempted murder because the judge's reasoning would likely have found intent to kill. They also pointed out that the reformed system has reduced lengthy interrogations and other forms of aggressive evidence-gathering, making it more difficult to create false convictions.

750:, was arrested in 2018 over allegations of false accounting. Ghosn subsequently fled Japan on 30 December 2019 while awaiting trial, and brought the very topic up in an interview as to why he had to flee the country – stating he will never have a right to fair trial. In a statement, Ghosn stated that he would "no longer be held hostage by a rigged Japanese justice system where guilt is presumed, discrimination is rampant and basic human rights are denied." At a subsequent press conference, Ghosn added that "I did not escape justice. I fled injustice and persecution, political persecution". 369:, after weighing the offender's age, character, and environment, the circumstances and gravity of the crime, and the accused's rehabilitative potential, public action does not have to be instituted, but can be denied or suspended and ultimately dropped after a probationary period. Because the investigation and disposition of a case can occur behind closed doors and the identity of an accused person who is not prosecuted is rarely made public, an offender can successfully reenter society and be rehabilitated under probationary status without the stigma of a criminal conviction. 349:

case before a prosecutor, who is then required to apprise the accused of the charges and of the right to counsel. Within another twenty-four hours, the prosecutor has to go before a judge and present a case to obtain a detention order. Suspects can be held for ten days (extensions are granted in almost all cases when requested), pending an investigation and a decision whether or not to prosecute. In the 1980s, some suspects were reported to have been mistreated during this detention to exact a confession. These detentions often occur at cells within police stations, called

84:, prosecutors defer prosecution in 60% of the cases they receive, and conclude the remaining 30% or so of cases in summary trials. This summary trial is a trial procedure in which cases involving a fine of 1,000,000 yen or less are examined on the basis of documents submitted by the public prosecutor without a formal trial if there is no objection from the suspect. Only about 8% of cases are actually prosecuted, and this low prosecution rate is the reason for Japan's high conviction rate. According to Keiichi Muraoka, a professor at 19: 676:). Because suspects are put through continuous interrogation that could last up to 23 days, as well as isolation from the outside world – including access to lawyers, the Japanese judiciary, and the public – it can be suggested that the court is well aware that confession of guilt can easily be forced. Consequently, the court (and the public) take the view that mere confession of guilt alone is never a sufficient ground for conviction. Many foreign people in Japan who are arrested cannot afford bail. 577:, Japan's conviction rate is misleading because it is the rate at which defendants admit guilt in the cases they are charged with. According to him, if the method of calculating the conviction rate in Japan is applied to the United States, the conviction rate of federal defendants in the United States in 2018 was also over 99%. According to him, when there is a discussion about Japan, it is easy to misunderstand because people quickly rely on broad cultural generalizations and stereotypes. 327:. Police are instructed by law to identify and counsel minors who appear likely to commit crimes, and they can refer juvenile offenders and non-offenders alike to child guidance centers to be treated on an outpatient basis. Police can also assign juveniles or those considered to be harming the welfare of juveniles to special family courts. These courts were established in 1949 in the belief that the adjustment of a family's situation is sometimes required to protect children and prevent 762: 180:

semi-inquisitorial system, primary responsibility for questioning witnesses lay with the judge, and defense counsel could question witnesses only through the judge. Cases were referred to trial only after a judge presided over a preliminary fact-finding investigation in which the suspect was not permitted to have counsel. Because in all trials, available evidence had already convinced the court in a preliminary procedure, the defendant's legal

776: 73:, 重要犯罪) by the National Police Agency. The arrest rate, which indicates the percentage of unsolved crimes recognized by the Japanese police by 2021 for which the perpetrators were arrested in 2021, was 46.6%. Of these, the arrest rate for cases involving murder, robbery, arson, rape, sexual assault, indecent assault, kidnapping, and human trafficking, which are designated as major crimes, was 93.4%. 513:) by critics, due to cases of extended detention (up to 23 days) and forced questioning of detainees without a lawyer and of violations of the right to remain silent. In order to meet the high confession rate, Japan's justice system can cause more false confessions and wrongful convictions. Detention is not only used to ensure that suspects appear in court. Many legal procedures also violate the 558:

circumstances of the crime or accused. Article 248 of the Japanese Code of Criminal Procedure states: "Where prosecution is deemed unnecessary owing to the character, age, environment, the gravity of the offense, circumstances or situation after the offense, the prosecution need not be instituted." Thus, prosecutors in Japan have a very broad discretion in the decision to prosecute or not.

1899: 731:, 13 people were arrested and interrogated, but were found innocent in court after the presiding judge ruled that those who confessed did so "in despair while going through marathon questioning". In a different case, a man named Hiroshi Yanagihara was convicted in November 2002 of rape and attempted rape after a forced confession and apparent identification by the victim, despite an 80:. Scholars say the biggest reason for Japan's very high conviction rate is the country's low prosecution rate and the way Japan calculates its conviction rate is different from other countries. According to them, Japanese prosecutors only pursue cases that are likely to result in convictions, and not many others. According to Professor Ryo Ogiso of 331:. Family courts are run in closed sessions, try juvenile offenders under special laws, and operate extensive probationary guidance programs. The cases of young people between the ages of fourteen and twenty can, at the judgment of police, be sent to the public prosecutor for possible trial as adults before a judge under the general criminal law. 103:) in which citizens participate, began in 2009, the prosecution and conviction rates have declined; in 2006, the prosecution rate for murder, including attempted murder, was 56.8%; as of 2017, the rate had dropped to 28.2%. The overall conviction rate in the first instance also dropped to 97.8% as of 2017. Although the 218:

procedure was suppressed. The prosecutor and defense counsel sat on equal levels, below the judge. The laws on indemnification of the wrongly accused and laws concerning juveniles, prisons, probation, and minor offenses were also passed in the postwar years to supplement criminal justice administration.

565:

in which the court found the defendant not guilty. The result is mixed. Simple statistical analysis shows that the judge's later career tends to be negatively affected by a not guilty verdict. However, by examining the individual cases, the two academics found that all of those cases which negatively

553:

examine if the accusation is, in fact, warranted. In their paper ("Why Is the Japanese Conviction Rate So High?") they examined two possibilities. One is that judges who come under the control of central bureaucracy are pressured to pass a guilty verdict, ensuring high conviction. Another possibility

293:

The nation's criminal justice officials follow specified legal procedures in dealing with offenders. Once a suspect is arrested by police officers, the case is turned over to attorneys in the Supreme Public Prosecutors Office, who are the government's sole agents in prosecuting lawbreakers. Under the

107:

noted that the decline in the prosecution rate began before the introduction of the lay judge system, some lawyers and scholars have pointed out that the introduction of the lay judge system, in which citizens participate, has led to greater emphasis on direct evidence and testimony at trial and more

557:

The most likely reason why the Japanese conviction rate is so high is that prosecutors have a broad discretion to prosecute or not, taking into account many factors. The prosecutors may decide, for example, not to prosecute someone even if there is sufficient evidence to win at trial, because of the

486:

in 1943; however, trials by jury were rarely held as the accused had to give up the right to appeal. Lobbying by human rights groups and the Japan Federation of Bar Associations resulted in the passing of a judicial reform bill in May 2004, which introduced a lay-judge system in 2009, which is often

314:

After identifying a suspect, police have the authority to exercise some discretion in determining the next step. If in cases pertaining to theft, the amount is small or already returned, the offense petty, the victim unwilling to press charges, the act accidental, or the likelihood of repetition not

195:

was substantially revised in 1907 to reflect the growing influence of German law in Japan, and the French practice of classifying offenses into three types was eliminated. More important, where the old code had allowed very limited judicial discretion, the new one permitted the judge to apply a wide

712:

Within Japanese society, it is viewed that an arrest itself already creates the presumption of guilt which needs only to be verified via a confession. The interrogation reports prepared by police and prosecutors and submitted to the trial courts often constitute the central evidence considered when

687:

However, most miscarriages of justice cases in Japan are, indeed, the result of conviction solely based on the confession of the accused. In these case, (1) the record of sequence and timing of the police discoveries of evidence and the timing of confession is unclear (or even faked by the police),

695:

Currently, the Japanese Federation of Bar Associations is calling for the entire interrogation phase to be recorded to prevent similar incidents from occurring. The International Bar Association, which encompasses the Japanese Federation of Bar Associations, cited problems in its "Interrogation of

554:

is that, given that the non-jury system under the inquisition system has a predictable ruling on guilt, Japan's understaffed prosecutors working on low budgets only bring the most obviously guilty defendants to trial, and do not file indictments in cases in which they are not certain they can win.

348:

to search for or seize evidence. A warrant is also necessary for an arrest, although if the crime is very serious or if the perpetrator is likely to flee, it can be obtained immediately after arrest. Within forty-eight hours after placing a suspect under detention, the police have to present their

306:

who can be removed from office only for incompetence or impropriety. Prosecutors presented the government's case before judges in the Supreme Court and the four types of lower courts: high courts, district courts, summary courts, and family courts. Penal and probation officials administer programs

683:

Activists claim that the Japanese justice system consider that prolonged interrogation of a suspect in isolation without access to lawyers is justified to solve criminal cases without risking a miscarriage of justice. In addition, the requirement that the revelation of relevant information by the

679:

Instead, for confession to be valid evidence for a conviction, the Japanese court requires confession to include the revelation of verifiable factual matter that only the perpetrator of the crime could have known about, such as the location of an undiscovered body or the time and place the murder

377:

Institutional safeguards check the prosecutors' discretionary powers not to prosecute. Lay committees are established in conjunction with branch courts to hold inquests on a prosecutor's decisions. These committees meet four times yearly and can order that a case be reinvestigated and prosecuted.

179:

Innovative aspects of the codes notwithstanding, certain provisions reflected traditional attitudes toward authority. The prosecutor represented the state and sat with the judge on a raised platform—his position above the defendant and the defense counsel suggesting their relative status. Under a

139:

ideal, officials were to serve as models of behavior; the people, who lacked rights and had only obligations, were expected to obey. Such laws as did exist were transmitted through local military officials in the form of local domain laws. Specific enforcement varied from domain to domain, and no

569:

Japanese trials before the institution of the current lay judge system were discontinuous. The defense and the prosecutor would first gather in front of the judges and present the issue. Then, the court would enter recess, and both sides would go back to prepare their case. As they reconvened on

648:

or family. Some academics have also claimed that Japanese judges can be penalized by a personnel office if they rule in ways the judicial office dislikes, and face biased incentives to convict. Using data on the careers and opinions of 321 Japanese judges, it was found that judges who engage in

217:

code, however, was substantially revised to incorporate rules guaranteeing the rights of the accused. The system became almost completely accusatorial, and the judge, although still able to question witnesses, decided a case on the evidence presented by both sides. The preliminary investigative

417:

Criminal cases from summary courts, family courts, and district courts can be appealed to the high courts by both the prosecution and the defense. Criminal appeal to the Supreme Court is limited to constitutional questions and a conflict of precedent between the Supreme Court and high courts.

613:

The amended law took full effect on June 1, 2019, and full audio and video recording became mandatory for serious cases, white-collar crimes and corruption cases handled by the special prosecutor squads, and cases involving mentally ill suspects who tend to easily follow the instructions of

421:

The criminal code sets minimum and maximum sentences for offenses to allow for the varying circumstances of each crime and criminal. Penalties range from fines and short-term incarceration to compulsory labor and the death penalty. Heavier penalties are meted out to repeat offenders.

644:, including those that are innocent. Confessions are often obtained after long periods of questioning by police, as those arrested may be held for up to 23 days without trial. This can at times take weeks, during which the suspect is in detention, and are prevented from contacting a 590:

In Japan, mandatory audio and video recording of interrogations by police and prosecutors has been in place since the 21st century to prevent illegal outcomes such as forced confessions and to protect people from false accusations. In preparation for the introduction of the

315:

great, the police can either drop the case or turn it over to a prosecutor. Reflecting the belief that appropriate remedies are sometimes best found outside the formal criminal justice mechanisms, in 1990, over 70 percent of criminal cases were not sent to the prosecutor.

160:. Offenses were specified, and set punishments were established for particular crimes. Both codes were innovative in that they treated all citizens as equals, provided for centralized administration of criminal justice, and prohibited punishment by 529:

is not prevented, and there are cases without access to counsel during interrogations. The latest criminal justice reforms, implemented in the 2000s, were largely unsuccessful in solving these flaws. Most interrogations are also not available in

144:

existed. Justice was generally harsh, and severity depended upon one's status. Kin and neighbors could share blame for an offender's guilt: whole families and villages could be flogged or put to death for one member's transgression.

684:

accused must be unknown to the police, and that the prosecutor must examine the police investigation before the case is brought to the court, is seen as an extra layer of safeguarding for the validity of confession as evidence.

617:

Including cases where audio and video recording is not mandatory, statistics for fiscal 2020, which runs from April 2020 to March 2021, show that prosecutors recorded 94% of cases, while police recorded only 12% of cases. The

212:

authorities initiated reform of the constitution and laws in general. Except for omitting offenses relating to war, the imperial family, and adultery, the 1947 Penal Code remained virtually identical to the 1907 version. The

1467: 409:

The judge conducts the trial and is authorized to question witnesses, independently call for evidence, decide guilt, and pass sentence. The judge can also suspend any sentence or place a convicted party on

688:(2) the contents of the revelation of the secret has only weak relevance to the crime itself, or (3) the revelation of secret is so vague that it can only be loosely applied to the elements of the crime ( 1586: 610:

trials that resulted in the death of a person or other serious consequences. In addition, all cases of white-collar crime and corruption cases handled by the special prosecutor squads were recorded.

735:

based on phone records. He was cleared only five years later in October 2007 when the true culprit was arrested for an unrelated crime. These two cases damaged the international credibility of the

937: 153: 69:

recorded 568,104 crimes, of which 8,821 were cases of murder, robbery, arson, rape, sexual assault, indecent assault, kidnapping, and human trafficking, which are designated as major crimes (

439:

about the finalized verdict, such as clear evidence that past testimony or expert opinions in the trial were false. On average, it takes 3 months to get a final judgment for a first trial.

1396: 1993: 1471: 1578: 1985: 149: 964: 941: 1546: 50:—maintain close and cooperative relations with each other, consulting frequently on how best to accomplish the shared goals of limiting and controlling 534:, and so foreign detainees cannot understand it and are more likely pressured to confess quicker to get out of detention, even if they were innocent. 414:. Should a judgment of not guilty be rendered, the accused is entitled to compensation by the state based on the number of days spent in detention. 850: 386:

Most offenses are tried first in district courts before one or three judges, depending on the severity of the case. Defendants are protected from

721: 1388: 1340: 521:. Critics say prolonged detention and interrogations to force confessions violates the prohibition of torture. Some allege that international 1924: 1739: 467: 1817: 1765: 273:, the responsibility of investigations has been defined as uniquely resting with police officers. In order to fulfill this responsibility, 1450: 804: 1196: 1128: 428:

is a legal penalty for aggravated murder in Japan, and is usually imposed for multiple murders. Executions are carried out by hanging.

282: 991: 1019: 88:, the 60% suspension of prosecution in Japan is due to excessive fear that prosecutors will lose the case and ruin their reputation. 274: 1705: 234: 126: 1990: 1323: 365:

The prosecution can be denied on the grounds of insufficient evidence or on the prosecutor's judgment. Under Article 248 of the

830: 1037: 606:

As of 2017, prosecutors had implemented full audio and video recording of interrogations in 98.4% of serious cases subject to

742:

The issue of the extremely high conviction rates were brought into international scrutiny once again after the former CEO of

62:

programs. Finally, officials who administer criminal justice are allowed considerable discretion in dealing with offenders.

478:

One of the main features of the Japanese criminal justice system well known in the rest of the world is its extremely high

1072: 1493: 637: 1791: 2022: 1043: 603:) in 2009, prosecutors began experimenting with audio and video recording interrogations in 2006 and police in 2008. 574: 1104: 656:". In practice, this constitutional requirement takes a form of safeguarding known as the "revelation of secret" ( 654:

no person shall be convicted or punished in cases where the only proof against a suspect is his/her own confession

1274:"Trial by jury returns to Japan: Thousands queue to witness historic change to country's criminal justice system" 1869: 1843: 1609: 2017: 736: 550: 148:

After 1868, the justice system underwent rapid transformation. The first publicly promulgated legal codes, the

66: 972: 135:. Public officials, not laws, guided and constrained people to conform to moral norms. In accordance with the 631: 278: 54:. Second, citizens are encouraged to assist in maintaining public order, and they participate extensively in 1273: 2012: 1713: 726: 600: 482:, which exceeds 99%. Some in the common law countries argue that this is to do with the elimination of the 270: 100: 262: 1301: 789: 697: 561:

All Japanese court rulings are accessible in digital format; the two academics examined every case after

425: 295: 104: 859: 366: 1579:"'Japan has to remember that it is not just importing workers, it is importing people who have hopes'" 1915: 406:

was enacted in 2004 and came into effect in May 2009, but it only applies to certain serious crimes.

394:, and unrestricted admission of hearsay evidence. In addition, defendants have the right to counsel, 59: 1966:

Juries in the Japanese Legal System: The Continuing Struggle for Citizen Participation and Democracy

901: 1952:

Japanese Society and Lay Participation in Criminal Justice: Social Attitudes, Trust, and Mass Media

814: 809: 640:

have alleged that the high conviction rate is due to the rampant use of conviction solely based on

308: 181: 43: 39: 281:. After the establishment of the 1954 amended Police Law, these departments are supervised by the 1769: 1418: 1297: 1157: 689: 431:

After a sentence is finalized, the only recourse for a convict to gain an acquittal is through a

1870:"'Pretty much everybody prosecuted gets convicted': Carlos Ghosn exposes Japan to new scrutiny" 1341:"The Carlos Ghosn Affair and the " hostage justice " (hitojichi shiho) – Classe Internationale" 896: 887:

Ramseyer, Mark; Rasmusen, Eric (January 2001). "Why is the Japanese Conviction Rate so High?".

303: 299: 254: 192: 819: 526: 518: 514: 357:. A suspect can be taken into custody after arrest and before prosecution for up to 23 days. 222: 77: 47: 38:, there exist three basic features that characterize its operations. First, the institutions— 22: 1678: 1248: 1655: 1628: 1172: 1151: 1001: 720:

published a feature giving examples and an overview of forced confessions in Japan. In the

328: 169: 1298:"Number of persons finally judged by type of judgment (1969, 1979, 1989, 1999, 2002-2011)" 1023: 8: 1078: 592: 503: 500: 448: 403: 209: 92: 1717: 858:(in Japanese). National Police Agency. August 2022. p. I, II, 2, 17. Archived from 1201: 914: 546: 435:. A retrial can be granted if the convicted person or their legal representative shows 387: 266: 230: 214: 1222: 1320: 641: 495: 391: 161: 122: 85: 76:

As of 2001, Japan has a conviction rate of over 99.8%, even higher than contemporary

1844:"Ghosn says he escaped 'injustice' in Japan; Lebanon calls arrival a private matter" 1389:"Call to Eliminate Japan's "Hostage Justice" System by Japanese Legal Professionals" 918: 18: 1818:"Fugitive ex-Nissan Chairman Carlos Ghosn says he fled Japan to escape 'injustice'" 1047: 906: 542: 531: 436: 173: 165: 55: 30: 1997: 1929: 1633: 1547:"The Whole Story on Japan's 99% Conviction Rate, and the Corruption that Follows" 1327: 997: 794: 491: 479: 250: 157: 81: 1363: 1192: 1082: 653: 324: 226: 197: 185: 51: 2006: 1973:

Popular Participation in Japanese Criminal Justice: From Jurors to Lay Judges

1903: 1520: 824: 701: 619: 352: 345: 141: 1497: 968: 799: 781: 747: 562: 522: 395: 378:

Victims or interested parties can also appeal a decision not to prosecute.

136: 1909: 517:

due to the right of physical freedom, the right to remain silent, and the

1660: 1177: 1152:

National Police Agency Police History Compilation Committee, ed. (1977).

483: 1991:

Act on Penal Detention Facilities and Treatment of Inmates and Detainees

585: 767: 399: 307:

for convicted offenders under the direction of public prosecutors (see

258: 221:

In 2020, Japan ranked 9th in the sub-ranking "criminal justice" in the

1494:"Recording interrogations in serious cases becomes mandatory in Japan" 1468:"Recording interrogations in serious cases becomes mandatory in Japan" 411: 761: 131: 910: 580: 1902:

This article incorporates text from this source, which is in the

432: 402:

was authorized by the 1923 Jury Law but was suspended in 1943. A

652:

Article 38 of Japan's Constitution categorically requires that "

743: 645: 938:"Order in the Court: Explaining Japan's 99.9% Conviction Rate" 1197:"In First Return to Japan Court, Jurors Convict and Sentence" 1173:"Retrials high hurdle but sole tack for wrongfully convicted" 732: 34: 525:

are violated because there is no presumption of innocence,

323:

Police also exercise wide discretion in matters concerning

238: 1792:"Carlos Ghosn is up against Japan's 99.9% conviction rate" 717: 1959:

The Japanese Way of Justice: Prosecuting Crime in Japan

625: 487:

confused with the jury system in common law countries.

508: 1925:"Prison reforms seen as too little, and way too late" 1740:"Court acquits man but kept lid on forced confession" 622:

recommends making recording mandatory for all cases.

586:

Mandatory audio and video recording of interrogations

283:

Criminal Affairs Bureau of the National Police Agency

1573: 1571: 1569: 1567: 757: 1381: 58:campaigns, apprehension of suspects, and offender 1816:Cosgrove, Elly; Lee, Yen Nee (31 December 2019). 1564: 490:Japan's criminal justice system has been dubbed " 2004: 1842:Issam, Abdallah; Kelly, Tim (30 December 2019). 1766:"Red-faced NPA sets up interrogation guidelines" 1706:"Coerced confessions: Justice derailed in Japan" 1017: 965:"Carlos Ghosn and Japan's '99% Conviction Rate'" 959: 957: 955: 953: 951: 886: 713:weighing the guilt or innocence of the suspect. 1361: 1191: 1018:Ramseyer, John; Rasmusen, Eric (12 July 1999). 932: 930: 928: 581:Confessions in Japanese criminal investigations 1612:, International Bar Association, December 2003 1521:"Japan crime: Why do innocent people confess?" 1451:"Why Is the Japanese Conviction Rate So High?" 1020:"Why Is the Japanese Conviction Rate So High?" 459: 350: 298:'s administration, these officials work under 233:had the country incarceration rate in 2021 at 1629:"Hiraoka urges 'active' debate on executions" 1610:"Interrogation of Criminal Suspects in Japan" 1067: 1065: 986: 984: 982: 948: 940:. Nippon.com. 18 January 2019. Archived from 696:Criminal Suspects in Japan". Former Japanese 1362:Wingfield-Hayes, Rupert (31 December 2019). 1129:"Highest to Lowest - Prison Population Rate" 925: 632:Human rights in Japan § Judicial system 1815: 1768:. Asahi Shimbun. 2008-01-25. Archived from 1462: 1460: 1458: 1445: 1443: 1441: 1439: 805:Public order and internal security in Japan 661: 1841: 1672: 1670: 1062: 1013: 1011: 979: 188:open to his counsel was further weakened. 900: 827:(substitute prisons under police control) 372: 244: 241:and a reduction of 42% compared to 2006. 156:, were based on French models, i.e., the 1961:. Oxford: Oxford University Press, 2001. 1922: 1455: 1436: 265:does in French law. Then, with the 1947 225:Rule of Law Index, second highest among 127:the criminal justice system in Edo Japan 17: 1704:Onishi, Norimitsu (12 September 2007). 1667: 1271: 1246: 1240: 1185: 1145: 1008: 2005: 1789: 1703: 1605: 1603: 882: 880: 831:International child abduction in Japan 1867: 1626: 1622: 1620: 1618: 1416: 442: 288: 176:were spelled out for the first time. 172:were abolished. Offenses against the 1676: 626:Claims by human rights organizations 154:Code of Criminal Instruction of 1880 1600: 1544: 1215: 1195:; McDonald, Mark (August 6, 2009). 1170: 877: 42:, government prosecutors' offices, 13: 1944: 1790:Truong, Alice (10 December 2018). 1615: 1518: 1364:"Japan's 'hostage justice' system" 1272:McCurry, Justin (August 3, 2009). 1223:"Japan's landmark jury trial ends" 473: 453:The first trial by citizen judge, 275:criminal investigation departments 14: 2034: 1979: 1074:裁判員制度10年、殺人罪起訴率4割減未遂含め「自白なし」慎重対処 575:New York University School of Law 184:at trial was undermined, and the 164:. Guilt was held to be personal; 1897: 1419:"Japan's Hostage Justice System" 1247:Wallacy, Mark (August 6, 2009). 1158:Japan Police Support Association 774: 760: 1868:Fuchs, Erin (11 January 2020). 1861: 1835: 1809: 1783: 1758: 1732: 1697: 1679:"'Forced confessions' in Japan" 1677:Hogg, Chris (29 October 2007). 1648: 1589:from the original on 2020-08-04 1538: 1512: 1496:. 5 August 2022. Archived from 1486: 1417:Adams, Brad (10 January 2019). 1410: 1399:from the original on 2020-05-27 1355: 1333: 1314: 1290: 1265: 1164: 1121: 971:. 31 March 2020. Archived from 707: 196:range of subjective factors in 1656:Close Up: Fighter for Justice 1171:Ito, Masami (16 August 2011). 1097: 1030: 843: 573:According to Bruce Aronson of 360: 1: 1923:Johnston, Eric (2007-06-26). 1891: 1545:Mac, Ryo (11 February 2018). 1519:Oi, Mariko (2 January 2013). 1470:. 1 June 2019. Archived from 1154:Japan post-war police history 1081:. 17 May 2019. Archived from 279:prefectural police department 237:people, second lowest in the 203: 1954:. Singapore: Springer, 2018. 1714:International Herald Tribune 1022:. EconPapers. Archived from 1000:/Chuo online. Archived from 889:The Journal of Legal Studies 318: 116: 7: 1975:. Palgrave Macmillan, 2016. 1321:Japan Human Rights Concerns 1302:Ministry of Justice (Japan) 1249:"Japan revives jury trials" 790:Capital punishment in Japan 753: 537: 509: 351: 334: 10: 2039: 1986:Code of Criminal Procedure 1968:. London: Routledge, 2015. 638:human rights organizations 629: 446: 367:Code of Criminal Procedure 271:Code of Criminal Procedure 111: 1916:Federal Research Division 1449:Ramseyer & Rasmusen, 1044:Public Prosecutors Office 499: 460: 398:, and cross-examination. 339: 129:was controlled mainly by 2023:Law enforcement in Japan 1073: 1038: 992: 851: 836: 815:Judicial system of Japan 810:Law enforcement in Japan 549:and Eric B. Rasmusen of 381: 309:Judicial system of Japan 182:presumption of innocence 1330:, Amnesty International 1109:worldjusticeproject.org 1105:"WJP Rule of Law Index" 993:ゴーン氏は去りぬ；刑事手続に関する比較法的考察 223:World Justice Project's 1664:, 1 May 2011, pp. 7–8. 373:Inquest of prosecution 344:Police have to secure 255:criminal investigation 245:Criminal investigation 25: 2018:Japanese criminal law 1964:Dimitri Vanoverbeke. 820:Penal system of Japan 716:In October 2007, the 527:psychological torture 519:right to a fair trial 515:Constitution of Japan 302:rules and are career 257:was presided over by 78:authoritarian regimes 23:Tokyo Detention House 21: 690:prosecutor's fallacy 329:juvenile delinquency 277:were set up in each 208:After World War II, 170:guilt by association 2013:Government of Japan 1627:Matsutani, Minoru. 1085:on 27 November 2022 1079:Nishinippon Shimbun 1026:on 7 November 2013. 865:on 19 December 2022 698:Minister of Justice 449:Lay judges in Japan 296:Ministry of Justice 105:Ministry of Justice 48:correctional organs 1996:2011-07-17 at the 1957:David T. Johnson. 1393:Human Rights Watch 1326:2007-02-02 at the 1202:The New York Times 1050:on 25 October 2022 642:forced confessions 551:Indiana University 547:Harvard Law School 443:Trial by lay judge 426:Capital punishment 388:self-incrimination 289:Criminal procedure 231:World Prison Brief 215:criminal procedure 150:Penal Code of 1880 26: 1950:Masahiro Fujita. 1746:. 11 October 2007 1500:on 29 August 2022 1133:prisonstudies.org 658:himitsu no bakuro 404:new lay judge law 392:forced confession 162:ex post facto law 123:Meiji Restoration 86:Hakuoh University 2030: 1940: 1938: 1937: 1919: 1901: 1900: 1885: 1884: 1882: 1880: 1865: 1859: 1858: 1856: 1854: 1839: 1833: 1832: 1830: 1828: 1813: 1807: 1806: 1804: 1802: 1787: 1781: 1780: 1778: 1777: 1762: 1756: 1755: 1753: 1751: 1736: 1730: 1729: 1727: 1725: 1716:. Archived from 1701: 1695: 1694: 1692: 1690: 1674: 1665: 1654:Otake, Tomoko, " 1652: 1646: 1645: 1643: 1641: 1624: 1613: 1607: 1598: 1597: 1595: 1594: 1575: 1562: 1561: 1559: 1557: 1542: 1536: 1535: 1533: 1531: 1516: 1510: 1509: 1507: 1505: 1490: 1484: 1483: 1481: 1479: 1464: 1453: 1447: 1434: 1433: 1431: 1429: 1414: 1408: 1407: 1405: 1404: 1385: 1379: 1378: 1376: 1374: 1359: 1353: 1352: 1350: 1348: 1337: 1331: 1318: 1312: 1311: 1309: 1308: 1294: 1288: 1287: 1285: 1284: 1269: 1263: 1262: 1260: 1259: 1244: 1238: 1237: 1235: 1234: 1229:. August 6, 2009 1219: 1213: 1212: 1210: 1209: 1189: 1183: 1182: 1168: 1162: 1161: 1149: 1143: 1142: 1140: 1139: 1125: 1119: 1118: 1116: 1115: 1101: 1095: 1094: 1092: 1090: 1069: 1060: 1059: 1057: 1055: 1046:. Archived from 1034: 1028: 1027: 1015: 1006: 1005: 1004:on 18 July 2022. 988: 977: 976: 975:on 28 June 2022. 961: 946: 945: 944:on 12 July 2022. 934: 923: 922: 904: 884: 875: 874: 872: 870: 864: 857: 852:令和3年の刑法犯に関する統計資料 847: 784: 779: 778: 777: 770: 765: 764: 730: 675: 672: 671:outing of secret 669: 666: 663: 593:lay judge system 543:J. Mark Ramseyer 512: 506: 465: 463: 462: 437:reasonable doubt 356: 263:Ministère public 166:collective guilt 93:lay judge system 56:crime prevention 31:criminal justice 2038: 2037: 2033: 2032: 2031: 2029: 2028: 2027: 2003: 2002: 1998:Wayback Machine 1982: 1971:Andrew Watson. 1947: 1945:Further reading 1935: 1933: 1930:The Japan Times 1911:Country Studies 1907: 1898: 1894: 1889: 1888: 1878: 1876: 1866: 1862: 1852: 1850: 1840: 1836: 1826: 1824: 1814: 1810: 1800: 1798: 1788: 1784: 1775: 1773: 1764: 1763: 1759: 1749: 1747: 1744:The Japan Times 1738: 1737: 1733: 1723: 1721: 1702: 1698: 1688: 1686: 1675: 1668: 1653: 1649: 1639: 1637: 1634:The Japan Times 1625: 1616: 1608: 1601: 1592: 1590: 1577: 1576: 1565: 1555: 1553: 1543: 1539: 1529: 1527: 1517: 1513: 1503: 1501: 1492: 1491: 1487: 1477: 1475: 1466: 1465: 1456: 1448: 1437: 1427: 1425: 1423:thediplomat.com 1415: 1411: 1402: 1400: 1387: 1386: 1382: 1372: 1370: 1360: 1356: 1346: 1344: 1339: 1338: 1334: 1328:Wayback Machine 1319: 1315: 1306: 1304: 1296: 1295: 1291: 1282: 1280: 1270: 1266: 1257: 1255: 1245: 1241: 1232: 1230: 1221: 1220: 1216: 1207: 1205: 1193:Tabuchi, Hiroko 1190: 1186: 1169: 1165: 1156:(in Japanese). 1150: 1146: 1137: 1135: 1127: 1126: 1122: 1113: 1111: 1103: 1102: 1098: 1088: 1086: 1077:(in Japanese). 1075: 1071: 1070: 1063: 1053: 1051: 1042:(in Japanese). 1040: 1036: 1035: 1031: 1016: 1009: 998:Yomiuri Shimbun 996:(in Japanese). 994: 990: 989: 980: 963: 962: 949: 936: 935: 926: 902:10.1.1.561.9973 885: 878: 868: 866: 862: 855: 853: 849: 848: 844: 839: 795:Hostage justice 780: 775: 773: 766: 759: 756: 737:Japanese police 724: 710: 673: 670: 667: 664: 634: 628: 614:interrogators. 588: 583: 540: 510:Hitojichi shihō 492:hostage justice 480:conviction rate 476: 474:Conviction rate 457: 451: 445: 384: 375: 363: 342: 337: 321: 291: 251:Empire of Japan 247: 229:countries. The 206: 158:Napoleonic code 119: 114: 82:Chuo University 67:Japanese police 12: 11: 5: 2036: 2026: 2025: 2020: 2015: 2001: 2000: 1988: 1981: 1980:External links 1978: 1977: 1976: 1969: 1962: 1955: 1946: 1943: 1942: 1941: 1920: 1893: 1890: 1887: 1886: 1860: 1834: 1808: 1782: 1757: 1731: 1696: 1666: 1647: 1614: 1599: 1585:. 2020-08-03. 1563: 1537: 1511: 1485: 1474:on 1 June 2019 1454: 1435: 1409: 1395:. 2019-04-10. 1380: 1354: 1332: 1313: 1289: 1264: 1239: 1214: 1184: 1163: 1160:. p. 320. 1144: 1120: 1096: 1061: 1029: 1007: 978: 947: 924: 911:10.1086/468111 876: 841: 840: 838: 835: 834: 833: 828: 822: 817: 812: 807: 802: 797: 792: 786: 785: 771: 755: 752: 709: 706: 627: 624: 587: 584: 582: 579: 539: 536: 475: 472: 447:Main article: 444: 441: 383: 380: 374: 371: 362: 359: 341: 338: 336: 333: 320: 317: 304:civil servants 290: 287: 246: 243: 235:37 per 100,000 205: 202: 186:legal recourse 118: 115: 113: 110: 60:rehabilitation 9: 6: 4: 3: 2: 2035: 2024: 2021: 2019: 2016: 2014: 2011: 2010: 2008: 1999: 1995: 1992: 1989: 1987: 1984: 1983: 1974: 1970: 1967: 1963: 1960: 1956: 1953: 1949: 1948: 1932: 1931: 1926: 1921: 1917: 1913: 1912: 1905: 1904:public domain 1896: 1895: 1875: 1874:Yahoo Finance 1871: 1864: 1849: 1845: 1838: 1823: 1819: 1812: 1797: 1793: 1786: 1772:on 2008-01-27 1771: 1767: 1761: 1745: 1741: 1735: 1720:on 2007-09-12 1719: 1715: 1711: 1707: 1700: 1684: 1680: 1673: 1671: 1663: 1662: 1657: 1651: 1636: 1635: 1630: 1623: 1621: 1619: 1611: 1606: 1604: 1588: 1584: 1580: 1574: 1572: 1570: 1568: 1552: 1548: 1541: 1526: 1522: 1515: 1499: 1495: 1489: 1473: 1469: 1463: 1461: 1459: 1452: 1446: 1444: 1442: 1440: 1424: 1420: 1413: 1398: 1394: 1390: 1384: 1369: 1365: 1358: 1342: 1336: 1329: 1325: 1322: 1317: 1303: 1299: 1293: 1279: 1275: 1268: 1254: 1250: 1243: 1228: 1224: 1218: 1204: 1203: 1198: 1194: 1188: 1180: 1179: 1174: 1167: 1159: 1155: 1148: 1134: 1130: 1124: 1110: 1106: 1100: 1084: 1080: 1076: 1068: 1066: 1049: 1045: 1041: 1033: 1025: 1021: 1014: 1012: 1003: 999: 995: 987: 985: 983: 974: 970: 966: 960: 958: 956: 954: 952: 943: 939: 933: 931: 929: 920: 916: 912: 908: 903: 898: 894: 890: 883: 881: 861: 854: 846: 842: 832: 829: 826: 825:Daiyo kangoku 823: 821: 818: 816: 813: 811: 808: 806: 803: 801: 798: 796: 793: 791: 788: 787: 783: 772: 769: 763: 758: 751: 749: 745: 740: 738: 734: 728: 723: 722:Shibushi Case 719: 714: 705: 703: 702:Hideo Hiraoka 699: 693: 691: 685: 681: 677: 659: 655: 650: 647: 643: 639: 633: 623: 621: 620:Tokyo Shimbun 615: 611: 609: 604: 602: 598: 594: 578: 576: 571: 567: 564: 559: 555: 552: 548: 544: 535: 533: 528: 524: 520: 516: 511: 505: 502: 497: 493: 488: 485: 481: 471: 469: 456: 450: 440: 438: 434: 429: 427: 423: 419: 415: 413: 407: 405: 401: 400:Trial by jury 397: 393: 389: 379: 370: 368: 358: 355: 354: 353:daiyo kangoku 347: 332: 330: 326: 316: 312: 310: 305: 301: 300:Supreme Court 297: 286: 284: 280: 276: 272: 268: 264: 260: 256: 252: 242: 240: 236: 232: 228: 224: 219: 216: 211: 201: 199: 194: 189: 187: 183: 177: 175: 171: 167: 163: 159: 155: 151: 146: 143: 138: 134: 133: 128: 124: 109: 106: 102: 98: 94: 89: 87: 83: 79: 74: 72: 68: 65:In 2021, the 63: 61: 57: 53: 49: 45: 41: 37: 36: 32: 24: 20: 16: 1972: 1965: 1958: 1951: 1934:. Retrieved 1928: 1910: 1877:. Retrieved 1873: 1863: 1851:. Retrieved 1847: 1837: 1825:. Retrieved 1821: 1811: 1799:. Retrieved 1795: 1785: 1774:. Retrieved 1770:the original 1760: 1748:. Retrieved 1743: 1734: 1722:. Retrieved 1718:the original 1709: 1699: 1687:. Retrieved 1682: 1659: 1650: 1640:21 September 1638:. Retrieved 1632: 1591:. Retrieved 1582: 1554:. Retrieved 1550: 1540: 1528:. Retrieved 1524: 1514: 1502:. Retrieved 1498:the original 1488: 1476:. Retrieved 1472:the original 1426:. Retrieved 1422: 1412: 1401:. Retrieved 1392: 1383: 1371:. Retrieved 1367: 1357: 1345:. Retrieved 1335: 1316: 1305:. Retrieved 1292: 1281:. Retrieved 1278:The Guardian 1277: 1267: 1256:. Retrieved 1252: 1242: 1231:. Retrieved 1226: 1217: 1206:. Retrieved 1200: 1187: 1181:. p. 3. 1176: 1166: 1153: 1147: 1136:. Retrieved 1132: 1123: 1112:. Retrieved 1108: 1099: 1087:. Retrieved 1083:the original 1052:. Retrieved 1048:the original 1032: 1024:the original 1002:the original 973:the original 969:The Diplomat 942:the original 895:(1): 53–88. 892: 888: 867:. Retrieved 860:the original 845: 800:Law of Japan 782:Japan portal 748:Carlos Ghosn 741: 715: 711: 708:Case studies 694: 686: 682: 678: 657: 651: 635: 616: 612: 607: 605: 596: 589: 572: 568: 563:World War II 560: 556: 541: 523:human rights 489: 477: 464:, lay judge) 454: 452: 430: 424: 420: 416: 408: 396:public trial 385: 376: 364: 343: 322: 313: 292: 248: 220: 207: 190: 178: 147: 130: 120: 96: 90: 75: 70: 64: 29: 27: 15: 1661:Japan Times 1583:Japan Times 1343:(in French) 1178:Japan Times 725: [ 484:jury system 468:Eisuke Sato 361:Prosecution 261:, like the 259:prosecutors 142:penal codes 71:jūyō hanzai 28:Within the 2007:Categories 1936:2007-06-27 1892:References 1776:2008-02-26 1593:2020-08-03 1403:2020-09-07 1307:2014-03-12 1283:2009-08-06 1258:2009-08-06 1233:2009-08-06 1208:2009-08-06 1138:2021-12-22 1114:2020-03-18 1054:29 January 869:2 February 768:Law portal 630:See also: 267:Police Law 210:occupation 204:Since 1947 198:sentencing 193:Penal Code 121:Until the 91:After the 33:system of 1908:"Japan". 1551:Skeptikai 1089:2 January 897:CiteSeerX 608:saiban-in 597:saiban-in 455:saiban-in 412:probation 325:juveniles 319:Juveniles 269:and 1948 137:Confucian 125:in 1868, 117:1868–1947 97:saiban-in 1994:Archived 1587:Archived 1525:BBC News 1397:Archived 1368:BBC News 1324:Archived 1253:ABC News 1227:BBC News 1039:略式裁判について 919:55632179 754:See also 636:Various 599:system, 538:Analysis 496:Japanese 346:warrants 335:Citizens 152:and the 99:system, 1879:11 June 1853:11 June 1848:Reuters 1827:11 June 1801:11 June 1750:11 June 1724:11 June 1710:iht.com 1689:11 June 1683:bbc.com 1556:11 June 1530:11 June 1504:10 June 1478:10 June 1428:11 June 1373:11 June 1347:11 June 665: 532:English 433:retrial 249:In the 174:emperor 140:formal 132:daimyōs 112:History 1906:. 1796:Quartz 917: 899: 744:Nissan 646:lawyer 340:Arrest 253:, the 46:, and 44:courts 40:police 1685:. BBC 915:S2CID 863:(PDF) 856:(PDF) 837:Notes 733:alibi 729:] 601:裁判員制度 382:Trial 101:裁判員制度 52:crime 35:Japan 1881:2022 1855:2022 1829:2022 1822:CNBC 1803:2022 1752:2022 1726:2022 1691:2022 1642:2011 1558:2022 1532:2022 1506:2023 1480:2023 1430:2022 1375:2022 1349:2022 1091:2023 1056:2023 871:2023 662:lit. 239:OECD 191:The 168:and 1658:", 907:doi 718:BBC 545:of 494:" ( 461:裁判員 311:). 2009:: 1927:. 1914:. 1872:. 1846:. 1820:. 1794:. 1742:. 1712:. 1708:. 1681:. 1669:^ 1631:. 1617:^ 1602:^ 1581:. 1566:^ 1549:. 1523:. 1457:^ 1438:^ 1421:. 1391:. 1366:. 1300:. 1276:. 1251:. 1225:. 1199:. 1175:. 1131:. 1107:. 1064:^ 1010:^ 981:^ 967:. 950:^ 927:^ 913:. 905:. 893:30 891:. 879:^ 746:, 739:. 727:ja 700:, 660:, 507:, 504:司法 501:人質 498:: 390:, 285:. 227:G7 200:. 1939:. 1918:. 1883:. 1857:. 1831:. 1805:. 1779:. 1754:. 1728:. 1693:. 1644:. 1596:. 1560:. 1534:. 1508:. 1482:. 1432:. 1406:. 1377:. 1351:. 1310:. 1286:. 1261:. 1236:. 1211:. 1141:. 1117:. 1093:. 1058:. 921:. 909:: 873:. 674:' 668:' 595:( 458:( 95:(

Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.