FAQ
Based on my experiences, here are answers to the most commonly-asked questions as well as some insights into the Japanese legal system that might not be clearly explained elsewhere.
Criminal Defence
I strongly advise against this course of action. You have no idea what might have been said to the police by another party or parties. Even if you feel you have nothing to hide, it’s not worth potentially putting yourself at a disadvantage for the sake of what you believe.
In most cases, individuals arrested in Japan are held in a holding cell at a police station. While in custody, phone calls aren’t allowed, and it may take several days to be able to send mail. Additionally, it is not uncommon for the court to impose restrictions, such as prohibiting meeting with family or preventing the exchange of letters.
If a family member or a friend has been arrested in Japan, hiring a Japanese lawyer is often the most reliable and efficient way to check on their well-being and stay updated on the status of procedures.
Following arrest in Japan, it’s uncommon to be released on the same day or the next. In most cases, it takes around 10 to 20 days for the prosecutor to decide whether to pursue a case. During this period, detention at the police station is ongoing. If the prosecutor moves forward with an indictment, it’s not unusual for detention to continue for several months until the trial begins.
Japan’s criminal justice system has faced international criticism for its extended detention periods. To ensure the release of your family member or friend as quickly as possible, having a skilled lawyer is essential. An experienced lawyer can advocate for early release, negotiate bail, and challenge unjust detention, significantly improving your chances of a fair and timely outcome.
In Japan, bail is only granted after the prosecutor decides to indict. Typically, suspects are detained for 10 to 20 days while the prosecutor makes this decision, during which time bail is not permitted. Even after indictment, the chances of being granted bail are relatively low, especially for non-residents due to concerns about flight risk. Even if bail is granted, the amount can be substantial, often reaching hundreds of millions of yen.
In Japan, individuals detained after arrest can request a lawyer, and the court will appoint one. Government funds often cover the costs, resulting in minimal financial burden for the individual or their family. However, it is quite rare for a court-appointed lawyer to be able to speak English, which typically necessitates communication through an interpreter. As it is the lawyer’s responsibility to contact family members overseas, this can create an additional obstacle.
To ensure clear and effective communication for family or friends arrested in Japan in what can be a very stressful time, the benefits of hiring an English-speaking Japanese lawyer well-versed in criminal cases as a private attorney should be apparent.
Criminal trials in Japan vary significantly based on the nature of the case. For serious crimes, such as murder or drug trafficking, the trial involves not only a judge but also ordinary citizens, and functions similarly to a jury system. Preparing for these trials typically takes at least six months, and it is not uncommon for it to take more than a year.
Conversely, in cases involving relatively minor offenses, a formal trial may conclude with a verdict within about two months. However, if there are factual disputes, the trial process can extend over several months.
Small Businesses [Legal Services for Small Businesses]
While more and more Japanese small businesses are seeking opportunities to expand abroad or introduce foreign products and services to the Japanese market, it’s fair to say that many SMEs and sole proprietors are not familiar with doing business with overseas entities. In addition, they may have difficulty communicating in English.
For this reason, when deciding to engage in business with Japanese SMEs and sole proprietors, it is beneficial to ask a bilingual Japanese expert to help with negotiations for the sake of clarity and mutual understanding by all parties.
When Japanese SMEs or sole proprietors enter into a contract for transactions overseas, they will likely wish for Japanese law to be the applicable law and for a Japanese court to have jurisdiction in the event of a dispute.
If you have no choice but to accept such conditions when entering into a contract, we recommend that you consult with a Japanese lawyer about the risks involved when Japanese law is applied or when disputes are resolved in a Japanese court.
Inheritance [Japan-related Inheritance Matters]
International inheritance matters can be complex, and the applicable laws and procedures may vary based on the nationality of the deceased. If the deceased held real estate or deposits in Japan, some form of legal procedure will likely be necessary. Therefore, it is advisable to consult with a Japanese lawyer as the first step after learning of a relative’s passing in order to understand the specific requirements and ensure proper handling of the inheritance.
In Japan, there are several methods for dividing the estate depending on the circumstances. The following is a simplified explanation of inheritance procedures:
First, if the deceased left a will, the estate will be divided according to the terms of the will.
If there is no will, the heirs can discuss how to divide the estate. If they reach an agreement without the need for court intervention, the details will be documented in writing.
However, in the event that an agreement cannot be reached, the division of the estate may proceed to mediation or arbitration at the family court.
In the final two scenarios, investigation will be required for those that identify themselves as heirs.
Civil Cases [Dispute Resolution for Civil Cases]
When a civil dispute arises in Japan, the first step is often an attempt to resolve the issue through negotiation. If negotiation fails, the case may proceed to court, where resolution methods include civil mediation or litigation, depending on the circumstances.
Additionally, various types of Alternative Dispute Resolution (ADR) have recently become available as methods for settling disputes outside of court. Choosing the most appropriate approach is essential, based on the specifics of each case.
