Best Extradition Lawyers in Shibuya

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Founded in 2002
50 people in their team
Japanese
English
Our law firm specializes in international cases faced by individuals and small and medium-sized businesses .In particular, we have handled a large number of cases including international divorce, Hague Convention cases, international inheritance, international litigation, international accidents,...
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1. About Extradition Law in Shibuya, Japan

Extradition law in Shibuya is the same national framework as across Japan. The process relies on international treaties and Japan's domestic legal procedures. When a foreign government seeks to surrender a person in Japan, the decision is ultimately made by the national authorities, with court review and ministerial involvement.

In practice, most extradition actions involve coordination between Japanese prosecutors, the Ministry of Justice, and the courts in the Tokyo region, including Shibuya residents or visitors. A local lawyer in Tokyo, including Shibuya, often acts as a primary liaison with national agencies and helps interpret treaty requirements for residents. This is a specialized area where timely legal counsel can affect outcomes such as defense strategies and the pace of proceedings.

Extradition in Japan is governed by international treaties and domestic law, and surrender decisions are subject to judicial review and ministerial authorization. Source: U.S. State Department overview of extradition with Japan and Japan's international cooperation framework.

For residents of Shibuya, understanding the path from a formal arrest or a formal extradition request to possible defense or surrender is essential. The legal process may involve multiple steps, including examination of dual criminality, treaty applicability, and the rights of the person under Japanese law. Local counsel can coordinate with national authorities to protect rights and clarify timelines.

Practical note for Shibuya residents: Start by identifying whether the case involves an extradition treaty, a mutual legal assistance request, or other cooperation channels. Early counsel can help preserve rights, arrange translations, and prepare necessary documentation for proceedings.

2. Why You May Need a Lawyer

Below are concrete, real-world scenarios where someone in Shibuya would benefit from specialized extradition legal help. Each scenario reflects common patterns seen by Tokyo-area practitioners.

  • A foreign national in Shibuya is served with an arrest warrant for extradition to their home country for alleged fraud. An attorney can review treaty conditions, ensure due process, and challenge dual criminality defenses if applicable.
  • A Shibuya resident is contacted by Japanese authorities about an extradition request from another country and faces potential surrender. A lawyer can coordinate with prosecutors and the Ministry of Justice to assess grounds for denial or conditional surrender.
  • A Japanese citizen with a second nationality living in Shibuya is suspected abroad of a crime and faces extradition. Counsel can evaluate the impact on nationality status, possible waivers, and any human-rights concerns in the surrender process.
  • A multinational corporation based in Shibuya faces a foreign extradition request for executives accused of corporate crimes. A lawyer can advise on jurisdiction, evidence standards, and treaty-based protections for corporate defendants.
  • A Shibuya resident is traveling abroad when a foreign government seeks extradition for an offense committed before departure. An attorney can preserve travel rights and coordinate with local authorities for appearance or defense instructions upon return to Japan.
  • A non-Japanese speaker in Shibuya requires translation and interpretation services during hearings. A lawyer can arrange language support and ensure communication with courts and prosecutors.

3. Local Laws Overview

This section highlights core legal instruments that govern extradition in Japan. For precise text and current applicability, consult official government sources and counsel.

Act on International Judicial Cooperation in Criminal Matters (国際刑事司法協力法)

This domestic framework governs Japan's cooperation with foreign authorities in criminal matters, including extradition and mutual legal assistance. It sets the procedural backbone for how Japan handles requests from other countries and how defenses can be raised in surrender proceedings. Recent amendments have refined timelines and increased transparency of decision-making, though exact dates vary by amendment and treaty status. Consult the Ministry of Justice and official treaty publications for precise changes.

Code of Criminal Procedure and Extradition Procedures (刑事訴訟法関連手続)

The Japanese Code of Criminal Procedure provides the procedural rules that apply when extradition decisions are reviewed by courts or challenged by the defendant. It covers rights to counsel, evidence handling, and hearings that occur during surrender proceedings. In practice, Tokyo-based courts oversee the procedural aspects if the case involves residents of Shibuya.

Extradition Treaties and International Cooperation Arrangements

Japan's extradition framework operates through treaties with other countries, as published by the Ministry of Foreign Affairs. These treaties set eligibility criteria, dual criminality requirements, and surrender conditions. Where a treaty exists, Japanese practice follows the treaty steps in conjunction with domestic law. For country-specific treaty details, review MOFA resources and treaty lists.

Japan maintains formal extradition treaties with several countries, and these instruments are a primary source for the legal basis of surrender decisions. Source: Ministry of Foreign Affairs treaty publications and government summaries.

4. Frequently Asked Questions

What is extradition and how does it operate in Shibuya, Japan?

Extradition is a formal surrender process between countries for individuals accused or convicted of crimes. In Shibuya, as in Tokyo, surrender decisions follow international treaties and Japan's domestic procedures, with court review and ministerial authority.

How long does extradition typically take in Japan, from request to surrender?

Timelines vary by country and case complexity. Typical processes may take several months to over a year, depending on treaty status, evidence, and defense strategy. Your lawyer can estimate timelines based on your specific country and charges.

Do I need a lawyer for extradition in Shibuya?

Yes. An attorney with extradition experience helps interpret treaty requirements, protect rights, and coordinate with national authorities. Early legal counsel improves the chance of a favorable outcome or timely resolution.

How much does it cost to hire an extradition lawyer in Tokyo?

Costs vary by firm and case complexity. Expect initial consultations to range from 20,000 to 60,000 JPY, with ongoing representation potentially higher for extended court work. Clarify fee structure and anticipated totals before retaining counsel.

What is dual criminality and why does it matter in extradition?

Dual criminality means the conduct must be a crime in both Japan and the requesting country. If the offense lacks a Japanese equivalent, the extradition request could fail or be narrowed. Your lawyer will assess dual criminality for your case.

Can I challenge an extradition request in Japan?

Yes. Challenge options include challenging legality, grounds for surrender, or the scope of evidence. A lawyer can file petitions or appeals and present defenses at appropriate hearings.

Where are extradition hearings held in Tokyo and what should I expect?

Hearings are conducted in Tokyo courts and may involve prosecutors and defense counsel. Expect formal evidence presentation, witness examination, and arguments on treaty applicability and rights.

Do I qualify for special defenses if I am not fluent in Japanese?

Yes. A lawyer can arrange interpreters and ensure you understand all proceedings. Language access is essential for presenting a robust defense.

Is the U.S. or UK extradition treaty included in Japan’s current framework?

Japan has extradition treaties with multiple countries, including major partners like the United States and the United Kingdom. Treaty status can affect eligibility, procedures, and timelines in your case.

What is the difference between extradition and transfer of proceedings?

Extradition involves surrender to another country for trial or punishment. Transfer of proceedings moves the case within Japan or a partner jurisdiction for prosecution without surrender. Your attorney can explain which applies.

Can a defendant delay extradition by contesting charges?

Often yes, through legal challenges about jurisdiction, admissibility of evidence, or treaty compliance. Delays may occur, but the strategy will depend on case specifics and court rulings.

5. Additional Resources

  • Japan Legal Support Center (Houterasu) - Provides legal information, referrals to counsel, and guidance on litigation in Japan. Useful for residents in Shibuya seeking initial guidance. https://www.houterasu.or.jp/
  • U.S. Department of State - Travel and Extradition with Japan - Offers general information on extradition treaties and related procedures for U.S. citizens and others. https://travel.state.gov/
  • United Nations Office on Drugs and Crime (UNODC) - Provides international context on extradition practices and cooperation in criminal matters. https://www.unodc.org/

6. Next Steps

  1. Identify your exact situation and country involved in the potential extradition or mutual legal assistance request. This will shape the legal strategy.
  2. Check official treaty status and relevant procedures using government sources and consult a Tokyo-based extradition specialist. Gather any warrants, notices, or requests you have received.
  3. Contact a Shibuya or Tokyo-based law firm with extradition experience for an initial consultation. Ask about their experience with the specific country and treaty involved.
  4. Prepare key documents for review, including identity papers, travel records, any charges or accusations, and prior correspondence with authorities. Bring translations if needed.
  5. Request a detailed fee schedule and an outline of the anticipated timeline and milestones for your case. Confirm what actions require your approval and how updates will be provided.
  6. Arrange language support if needed. Ensure your lawyer can provide interpreters and clear explanations of proceedings in English or your preferred language.
  7. Decide on a formal engagement (retainer) with your chosen lawyer and set expectations for communication frequency and decision-making authority.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

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