Criminal Matters

• When a suspect is arrested by the police, they will be interrogated, and if the police deem that continued custody is necessary, the suspect will be referred to the public prosecutor within 48 hours from the time they were initially taken into custody.
• If the public prosecutor deems further custody to be necessary, they will ask the judge to place the suspect in detention within 24 hours of receiving the referral. If the judge determines that there are grounds and a necessity for detention, the suspect will be detained by order of the judge.
• In principle, the detention period is 10 days, but it can be extended for another 10 days if there are unavoidable reasons for doing so.
• During the detention period, the public prosecutor decides whether or not to prosecute the case (request for trial or summary proceedings).
• If you are arrested, you can receive a visit from an attorney.

(Explanation)

・A person who is suspected of a crime and is the subject of an investigation but has not yet been charged is called a suspect.

・Unless someone is arrested in the act of committing a crime, arrests are made based on a warrant issued by a judge.

・A suspect is guaranteed the right to meet with an attorney while being held in custody.

・The bar association in each area has a duty attorney system, under which a duty attorney will come to see a suspect (free of charge for the first visit) to provide legal advice. They may also consult with the attorney about any subsequent requests for legal advice.

・If a suspect, after being detained, is unable to appoint a defense attorney for financial or other reasons, they can use the court-appointed attorney system for suspects.

・If the case is not prosecuted, the individual is usually released from custody.

・If someone is detained after being charged, they may ask to be released on bail.

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• When a judge or a court makes the decision to hold a suspect or an accused person in custody, this is referred to as detention.
• This can refer to detention of a suspect (detention before being charged) or detention of an accused person (detention after being charged).
• In some cases, arrests are conducted prior to detention, but the maximum period of time that someone can be detained for through arrest is the relatively short period of three days. However, detention can allow a suspect to be held in custody for longer periods, as described below.
• The period of detention for suspects is 10 days from the date of the request for detention, and may be extended for a maximum of 10 days (15 days for criminal insurrection, etc.) in unavoidable circumstances.
• The detention period for accused persons is two months from the date they are charged, and may be renewed every month if necessary. However, unless there are exceptional grounds such as destruction of evidence, it may only be renewed once.
• The detention of a suspect can be appealed against by filing a quasi-appeal. In the case of detention of an accused person, bail can be requested.
• A detained person can have an attorney come to visit them and provide them with legal advice. They may also consult with the attorney about any subsequent requests for legal advice. If an accused person is unable to appoint a defense attorney for financial or other reasons, they can use the court-appointed attorney system for suspects (at the stage of pre-charge detention) or the court-appointed attorney system for accused persons (after being charged, including post-charge detention).
• Family members, etc. may also visit suspects or accused persons in detention, but this may be limited in some cases (inquire in advance at the detention center or the Detention Management Division of the police station).

(Explanation)

・In order for the judge or court to make a decision on detention, the following requirements must be met: reasonable grounds to suspect that the person has committed a crime, reasons for detention, and necessity of detention.

・When the requirements for detention are no longer met, the judge or court must cancel the detention.

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• A criminal investigation is usually led by a police officer (judicial police officer). The police interview the victim, identify a suspect, interrogate the suspect, and collect evidence related to the crime. If necessary, the suspect will be arrested and detained.
• The police officer (judicial police officer) will then send the case to the public prosecutor together with relevant documents and evidence.
• If necessary, the public prosecutor may conduct the investigation personally.
• Based on the results of the investigation, the public prosecutor will decide whether or not to charge the suspect.
• There is a limit on the time that a suspect can be held in custody (up to 23 days), so the public prosecutor must decide within that time whether to prosecute.
• If the suspect is not in custody, there is no time limit for deciding whether or not to prosecute. Therefore, there is no hard and fast rule as to how long it will actually take to complete an investigation.

(Explanation)

Criminal investigations are carried out in accordance with the Code of Criminal Procedure and other laws.

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• By applying to the local bar association to send a duty attorney, you can have an attorney come to meet the person free of charge.
• The dispatched duty attorney will give legal advice to the arrested person. The duty attorney may also be consulted about any subsequent requests for legal advice.

(Explanation)

・Under the duty attorney system, an attorney will visit a person who has been arrested free of charge for the first visit. This system is provided by each prefectural bar association.

・The arrested person can apply to the bar association through a police officer, etc., or a family member or friend of the arrested person can apply by calling the bar association that has jurisdiction over the area where the police station, etc., is located and asking for a duty attorney.

・The duty attorney will provide legal advice and explanations about what rights are guaranteed to the arrested person, what the post-arrest procedures will involve, how to respond to interrogation, and how to make a private settlement with the victim. The duty attorney may also be consulted about any subsequent requests for legal advice.

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• For civil cases, the civil legal aid system is available.
• For arrested suspects in criminal cases who have not yet been detained, the Japan Federation of Bar Associations’ aid for defense of criminal suspects system is available. For suspects or accused persons in detention (as well as accused persons who are not in detention), the court-appointed attorney system is available.

(Explanation)

(1) Civil cases

・The civil legal aid system is a system operated by Houterasu that provides free legal consultations and temporarily covers the costs of attorneys and judicial scriveners, as well as court fees, for those who are involved in civil or family affairs cases but are unable to receive legal assistance from attorneys or judicial scriveners due to lack of financial means.

・In order to use the civil legal aid system, an applicant’s income and assets must be under a certain level, they must have a reasonable expectation of winning the case, and they must be deemed appropriate for the purposes of the system.

・In principle, all the expenses paid up front by Houterasu on the applicant’s behalf must be paid back in installments.

(2) Criminal cases

・The aid for defense of criminal suspects system is a system that provides assistance to suspects who have been arrested but not yet detained in order for them to hire an attorney, even if they do not have the financial means to do so. This system does not cover suspects who have not been arrested. Furthermore, persons who have been detained are eligible for the court-appointed attorney system, so this system only covers those who have not yet been detained.

・The court-appointed attorney system is a system in which the court appoints a defense attorney for a suspect or accused person in detention (as well as accused persons who are not in detention) if that person is unable to appoint a defense attorney for financial or other reasons. Accused persons who are not in detention are eligible to apply for assistance under this system, but suspects who are not in detention are not.

・When a suspect or accused person requests the appointment of a court-appointed defense attorney, the court (judge) will request Houterasu to nominate and give notification of a candidate for the court-appointed defense attorney. Houterasu will nominate and give notification of a candidate for the court-appointed defense attorney accordingly. Upon receipt of the notification, the court (judge) will appoint the attorney in question as the court-appointed defense attorney.

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• This is a system under which the court appoints a defense attorney (court-appointed defense attorney) for suspects and accused persons who are unable to appoint a defense attorney for financial or other reasons. There are two types of court-appointed defense attorneys: (A) court-appointed defense attorneys for suspects and (B) court-appointed defense attorneys for accused persons.
• If someone is eligible to request the appointment of a court-appointed defense attorney, the court (judge) will ask them if they want to appoint one.
• Conversely, if a suspect, accused person, or their relatives directly contract with an attorney to appoint them as a defense attorney, this is referred to as a private defense attorney.

(Explanation)

(A) Court-appointed defense attorneys for suspects

・A suspect is someone who is suspected of committing a crime by an investigating body, but has not yet been charged.

・If a detained suspect is unable to appoint a private defense attorney for financial or other reasons, they may request the judge to appoint a court-appointed defense attorney.

(B) Court-appointed defense attorneys for accused persons

・An accused person is someone who is suspected of a crime and has been charged by the public prosecutor.

・If an accused person is unable to appoint a private defense attorney for financial or other reasons, they may request the court to appoint a court-appointed defense attorney.

・Under the constitution of Japan, in criminal trials, the accused person is always entitled to appoint a defense attorney, and they are unable to do so, the court will appoint one.

(The following explanation applies to both (A) and (B))

・If a suspect or accused person requests the court (judge) to appoint a appoint a court-appointed defense attorney, they must prepare and submit a declaration of financial means. If the individual in question possesses more than a specified amount of financial resources (500,000 yen), they must apply in advance for the appointment of a private defense attorney.

・If an individual is eligible to request the appointment of a court-appointed defense attorney, they will be given the opportunity to confirm whether or not they wish to request such an appointment, and may do so at that time.

・If the court decides to appoint a court-appointed defense attorney after a request for such made by the suspect or accused person, the court (judge) will request Houterasu to nominate and give notification of a candidate for the court-appointed defense attorney. Houterasu will nominate and give notification of a candidate for the court-appointed defense attorney accordingly, and that attorney will be appointed as the court-appointed defense attorney.

・In their judgment, the court (judge) may order a person who has been found guilty to bear the costs of their court-appointed defense attorney (legal fees).

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