Facing an arrest is a terrifying experience anywhere, but doing so in a foreign legal system can be overwhelming. As a Japanese attorney, I often see foreign nationals confused by the unique strictness of our criminal procedure.

If you or a loved one are detained in Japan, understanding the timeline is your first line of defense. Here is a breakdown of the critical first few weeks.

1. The Critical First 72 Hours

Under the Code of Criminal Procedure (CCP), the police have strict time limits immediately following an arrest:

• Police Reference Period (48 Hours): After arrest, the police must release you or refer your case to the Public Prosecutor within 48 hours (CCP Art. 203).
• Prosecutor’s Decision (24 Hours): Once the prosecutor receives the case, they have 24 hours to decide whether to request a detention order (Koryu) from a judge (CCP Art. 205).

During this 72-hour period, you generally cannot see your family. However, you have the right to one free consultation with a Duty Attorney (Toban Bengoshi) provided by the Bar Association.

2. The Long Detention (Up to 23 Days)

If the judge approves the detention request—which happens in the vast majority of cases—you can be held for an initial 10 days. The prosecutor can request an extension for another 10 days if unavoidable reasons exist (CCP Art. 208).

Combined with the initial 3 days, you can be held for up to 23 days before the prosecutor decides whether to indict you (charge you with a crime) or release you.

Important Note: Unlike in many Western countries, you are generally not allowed to have a lawyer present during interrogations. This period is often used by investigators to obtain a confession.

3. Your Rights and Strategy

While the system is strict, the Constitution of Japan guarantees specific rights that you must exercise wisely:

• Right to Remain Silent: Article 38 of the Constitution states, “No person shall be compelled to testify against himself.” In relation to this constitutional right, you are also given a right to refuse to sign any statement (Chousho).
• Right to Counsel: Article 34 guarantees your right to a lawyer.

4. The Goal: Non-Indictment (Fukiso)

Japan is famous for its “99.9% conviction rate,” but this statistic applies only after you are indicted. Therefore, the primary goal of a defense lawyer is to prevent the indictment in the first place.

For minor offenses (like shoplifting or bar fights), we often focus on securing a Settlement (Jidan) with the victim. If the victim agrees to a settlement, the prosecutor might decide on a Non-Indictment, leading to immediate release.

Conclusion

The Japanese system moves slowly regarding detention but quickly regarding legal consequences. Isolation is the system’s most powerful tool. If you are arrested, do not try to talk your way out of it alone. Request a lawyer immediately.