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Criminal litigation in Tokyo, Japan encompasses all proceedings related to the prosecution and defense of individuals accused of committing crimes. The Japanese legal system is primarily based on the civil law tradition, with influences from various countries. In Tokyo, as in the rest of Japan, criminal law is governed by statutory laws, the most significant of which is the Penal Code of Japan. The Code defines crimes, penalties, and procedures. Trials are conducted in a manner where the judge, not a jury, plays the central role in determining the guilt of the accused, although a lay judge system does exist where citizens participate in serious criminal cases.
Lawyers are critical in navigating the complexities of Criminal Litigation. Common situations where legal help might be required include:
Key aspects of local laws regarding Criminal Litigation in Tokyo, Japan include:
If you are arrested in Tokyo, it is essential to remain quiet and ask to speak with an attorney immediately. Any statements you make could be used against you in court, and you have the right to legal representation.
The Japanese system focuses on rehabilitation and consensus rather than punishment, and the conviction rate in completed cases is notably high. Additionally, Japanese prosecutors tend to only bring charges in cases where they are confident of a conviction, which contributes to this high conviction rate.
In 2009, Japan introduced a "lay judge" (similar to jurors) system for certain serious criminal cases, where six lay judges are selected from the electorate to work alongside three professional judges.
Bail is available, though it's more limited compared to some other jurisdictions. It is generally difficult to obtain and can be expensive, as the accused must show they are not a flight risk and will not tamper with evidence or witnesses.
You have the right to remain silent and the right to counsel. You are also afforded the right to have an interpreter if you cannot fully understand Japanese.
The police can detain an individual for up to 72 hours. Following this, a prosecutor can request a judge's permission for further detainment of up to 10 additional days, which can be extended once more for another 10 days.
A defense attorney provides legal representation for the accused, ensures their rights are protected, advises on legal procedures, assists in evidence gathering, and formulates the best possible defense strategy.
Foreign nationals are entitled to a fair trial in Tokyo. However, it is advisable to hire an attorney who understands the intricacies of the Japanese legal system and can navigate language and cultural barriers.
Yes, the death penalty is still applied in Japan, mostly for serious crimes such as multiple murders.
If you believe your trial was unfair, you should speak with your lawyer about the possibility of an appeal. There are strict deadlines and procedures for filing an appeal, so timely action is critical.
Resources that can be helpful for someone in need of legal advice in the field of Criminal Litigation in Tokyo include:
If you require legal assistance in criminal litigation, take the following steps:
