Law of Japan

Module 8

Criminal law, criminal procedure and international disputes: offences, police powers, detention, trial, the saiban-in system, arbitration, mediation and enforcement

Japan has **low crime** and a **powerful criminal justice system**. The **Penal Code** of 1907 defines the main offences, the **Code of Criminal Procedure** governs how they are investigated and tried, and the **Constitution** (Articles 31 to 40) guarantees **due process**, the **right to counsel** and the **right to silence**. The system has features that surprise many foreigners: **long periods of pre-indictment detention**, **very high conviction rates** and, since **2009**, **lay judges** (*saiban-in*) in the **most serious cases**. The module ends with **disputes between parties in different countries**, which are usually resolved by **arbitration**, **mediation** or the **recognition of foreign judgments**. Penalty tables change, so the module teaches **structures** and not amounts.

General education on the law of Japan, using invented people and businesses. It states laws and procedures in simplified form and is not legal advice. The law and its practice change, and every case turns on its facts and on the authority concerned. It does not offer legal representation or a legal opinion on any case. Consult a Japanese-qualified attorney (bengoshi) for any real matter.