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Criminal litigation law in Shibuya, Japan is governed by the national legal framework, as Japan's legal system does not vary from region to region. This system is primarily based on the Code of Criminal Procedure and the Penal Code of Japan. Criminal litigation in Shibuya involves the process of bringing a defendant, who is accused of a criminal offense, to trial. The process is initiated by public prosecutors, who represent the state. Suspects may be detained, interrogated, and put on trial, where guilt and sentencing are decided. Japanese criminal law is known for its high conviction rate, thorough procedures, and the importance of confession during investigations.
People may require legal help in criminal litigation for various reasons. If one is accused of committing a crime, it is crucial to have legal representation to navigate the complexities of the law, build a defense, and ensure that one's rights are protected. Lawyers are also vital for those who wish to report a crime, are called as witnesses, or are victims seeking to participate as an auxiliary prosecutor. Given the potential severity of criminal penalties, including imprisonment and substantial fines, the guidance of an experienced attorney is invaluable.
Key aspects of local laws relevant to criminal litigation in Shibuya, which fall under the broader Japanese legal system, include the following:
Upon arrest, it is advisable to contact a lawyer immediately before making any statements to the police. You have the right to remain silent and seek consular assistance if you are a foreign national.
Japan has a system of public defenders available for those who cannot afford an attorney. You can request a public defender from the court.
The police can detain you for up to 72 hours before they must present you before a judge. With the judge's approval, detention can be extended for up to 23 days for investigation.
The prosecutor is responsible for proving that you are guilty of the charges against you. They will conduct the case for the prosecution during the trial.
Refusal to be fingerprinted may be met with compulsion under certain conditions, as it is generally a legal requirement for identification purposes.
Japan has a "Saiban-in" system, which is similar to a jury system, used only in certain serious criminal cases. This system involves a combination of professional judges and lay assessors (Saiban-in).
As a victim, you have the right to be informed about the progress and outcome of the case, to attend the trial, and to participate as an auxiliary prosecutor.
Foreign nationals are entitled to the same rights and protections under the law as Japanese citizens. This includes access to legal representation and consular assistance.
The penalties range from fines and probation to imprisonment, depending on the seriousness of the crime.
If convicted, you have the right to appeal the judgment to a higher court. Your lawyer can file an appeal on your behalf and present additional evidence or arguments.
For legal advice on criminal litigation, the following entities could provide significant assistance:
If you need legal assistance in criminal litigation, you should first consult with a qualified criminal defense attorney who is proficient in handling cases within the Japanese legal system. To find a lawyer, you can contact the Japan Federation of Bar Associations or your local bar association in Shibuya. Ensure that you are clear about your legal issue and have all relevant documents ready when seeking legal counsel. Remember, the earlier you obtain legal representation, the better your chances of addressing the matter effectively.
