Police Investigation, Arrest, Interrogation and Detention in Japan

Warrant principle 

Police and prosecutor questioning 

Police officers usually arrest and interrogate and then a public prosecutor interrogates the suspect at the public prosecutor’s office. Immediately after the arrest, the police will ask you about the facts of the suspected crime, as well as, your work history, family, occupation, and living conditions. Although these topics may be regarded as unrelated to criminal proceedings, in Japan, the police usually ask about these matters. Once again, you may refuse to answer such questions but the police may view you suspiciously if you do and that may make release difficult. 

Extension of detention: possibility of 23 days detention without charge 

Within 72 hours after the arrest, the public prosecutor will decide whether to request the court for detention. If no detention request is made, you will be released. If a request for detention is made, the judge will ask questions about the suspected crime. However, most courts allow detention as requested by the public prosecutor. Judges tend to permit detention of foreigners without a residence in Japan.

The detention period is 10 days. The public prosecutor will request an extension and, if the court permits, extend the detention for an additional 10 days. Therefore, a suspect can be held in detention for a total of 23 days of the arrest and detention periods without the suspect being charged.

Charging and bail 

Within the detention period, the public prosecutor must decide whether to charge or release. If charged, you will be held in detention until bail is granted or if bail is not granted, until the verdict.

The court allows bail only after being charged. Your defense counsel may request bail and if the court allows bail and you pay the bail deposit, bail will be granted. The courts rarely grant bail for a foreign citizen and if the court grants bail to a foreign citizen, as a condition for bail, he or she must promise not to leave Japan until the court reaches a verdict. The bail deposit will vary depending on the case, but the amount of bail deposit is usually about 2 or 3 million yen.

Interpreter 

An interpreter provided by the police and prosecutors will be present at the interrogation. Although the interpreter may be friendly, it is important to remember that the interpreter works for the police or the prosecutor. 

Attorney (defense counsel)

Defense counsel is not allowed to attend the interrogation. The key interrogation technique is to take meticulous notes during long interrogations and ask the same questions repeatedly with small variations to see if your story remains consistent. 

Contact with outside

You cannot make a telephone call or contact the outside by other means (cell phones and other such devices are confiscated). No interpreter is provided except during interrogation and while in detention, you may not request interpretation within the detention center. 

Meeting with defense counsel

You may meet with your defense counsel in the detention center’s meeting room. You may speak with your defense counsel in English or other languages and may meet with him or her on Saturdays, Sundays and holidays. There is no time limit on meetings with defense counsel.

Informing the family of the arrest

Though not a right, in practice, police officers usually inform family or relatives that the suspect has been arrested, however, the police will not make international telephone calls for you (see Contacting embassy below for how to contact family or relatives outside of Japan).

Meeting with persons other than defense counsel

Meetings with family, colleagues, clergy, and other persons are possible during detention (not possible while under arrest) unless the detainee is under communication restrictions as determined by the court. In such instances, the detainee can only meet with their legal representatives. Rules and policies regarding visitation vary but most often exclude meetings on Saturdays, Sundays, public holidays, and after-hours. These interactions are normally supervised by an officer and in some instances, permission is required to speak a language other than Japanese with your visitor. If you or your visitor are unable to communicate in Japanese the police may require a private interpreter to be present for the police to understand the conversation. In the event a private interpreter is required the fee for the interpreter is the responsibility of the detainee. Scheduled visits can also be canceled at the discretion of the police officers or the courts. 

Sending letters

In principle, you may send letters. However, as a police officer will examine the letters, the letters will not be mailed immediately. The exchange of letters written in foreign languages is also not allowed. 

Court ban on letters and meetings

If it is judged that evidence may be destroyed, meetings and sending letters may be prohibited except with defense counsel. In some cases, the court will decide to prohibit all meetings with persons other than defense counsel.

Withdrawal of complaint by victim and reducing sentence

Your attorney may recommend that you compensate the victim of the crime, particularly in cases of property damage or assault. This compensation may result in the charges against you being dropped, if the victim cooperates and withdraws the complaint and if not, the judge will consider the compensation in sentencing as a sign of remorse for the crime.