Questions and Answers: Legal information for temporary visitors to Japan
Questions and Answers: Legal information for temporary visitors to Japan
General information for everyday life
Q1 Do I have to carry my passport with me at all times?
Answer:
Yes. During your stay in Japan, you must carry your passport and show it to
police officers, security police officers and drug control officers etc.,
whenever they ask. If you do not have your passport with you or if you
refuse to show it to a police officer, you may be subject to fines or
detainment. You have the right to demand to see a police officer's ID, but
even if a police official does not comply with your request, you still are
not entitled to refuse the demand to show your passport in return.
However, a police officer can only ask you to show him or her your passport.
If he/she starts writing down the information in your passport, you should
protest strongly and demand that the officer destroy his or her memo.
Furthermore, if non-Japanese without domicile in Japan want to stay in
hotels and other accommodation facilities, they must show their passport to
the manager and let him/her photocopy it.
Q2: Is the drug control strict in Japan?
Answer:
Yes! Japan pursues a zero-tolerance policy regarding drug consumption
(Slogan: „No. Absolutely") and controls drug crimes very strictly. For
instance, the possession, handing over or receiving of cannabis is
punishable with up to 5 years imprisonment, and the importation of cannabis
to Japan is punishable with up to 7 years imprisonment. In Europe and the
US, criminal prosecution against the possession and consumption of small
amounts of "soft" drugs maybe very mild, but not in Japan. Please do not
expect the Japanese authorities to be generous with you, just because you
come from a country which has good diplomatic relationships with Japan.
Furthermore, drinking and smoking is prohibited for people under 20 years.
2. Police conduct
Q3: In what circumstances would I be questioned by the police?
Answer:
If a police officer believes someone is behaving strangely or has reason to
suspect an individual of having committed or of trying to commit any crime,
or if a police officer has reason to believe someone has knowledge regarding
crimes which have been committed or which are going to be committed, the
officer has the right to stop and question the individual. This is called
"police questioning," or shokumu-shitsumon in Japanese. (Police Code of
Conduct, Article 2, Paragraph 1)
As staying illegally in Japan is a crime, there is always the possibility
that non-Japanese people could be subjected to police questioning simply for
being "foreigners." Because police questioning can be carried out in public
spaces, such as railway stations, you should be careful.
The police officer is allowed to ask you to follow him to a nearby police
station if it is disadvantageous for you to be questioned at the place where
you are being stopped, or if the questioning disturbs the traffic. (Police
Code of Conduct, Article 2, Paragraph 2)
Q4: Do I have the right to refuse to be questioned or to be taken to the
police station?
Answer:
The police can question or take people to the police station only on a
voluntary basis. They cannot force people to answer questions or to go to
the police station. (Police Code of Conduct, Article 2, Paragraph 3)
Therefore, you can refuse to answer questions or be taken to a station.
However, the police question Non-Japanese often in order to know whether
they are staying illegally in Japan. So, they are often satisfied when you
show your passport and the resident status (which is marked in your passport
and determines the purpose of your stay), something you must do anyway (see
Q1). So it may not be really useful to refuse to give answers to the police
questioning categorically.
If you refuse the questioning, a police officer may call other police
officers via transistor and ask them for support. Then, it is possible that
several police officers will arrive, surround you and not let you go until
you answer the questions.
Q5: If I refuse the questioning and try to walk away, is it possible that
the police officers will use physical force to make me stay, such as
grabbing my shoulders?
Answer:
Police questioning happens only on voluntary basis, but according to the
Japanese Supreme Court, in some cases, it is legal that the police use
physical force to prevent you from walking away, if the questioning is
immediately necessary and appropriate in the respective case. For instance,
the Supreme Court decided in one case that holding the wrists of a person
was legal to convince that person to answer to the question. (Supreme Court,
Third Circuit Ruling of March 16, 1976)
If you use physical force against the police officer or threaten him/her to
stop using physical force against you, you can be arrested immediately for
obstructing official duties.
It happens also sometimes, that the police officer falls on the ground
intentionally during the questioning and that he arrests the questioned
person immediately for using "violence" and obstructing official duties.
Please be aware that you can be arrested for obstructing official duties, if
you touch or body check the police officer.
Q6: Does a police officer have the right to search my bag during
questioning?
Answer:
There is no express provision in the law, but there are certain situations
addressed by a Japanese Supreme Court decision. (Supreme Court, Third
Circuit Ruling of June 20, 1978)
According to the Supreme Court, the police have the right to search bags in
connection with questioning if it is appropriate with regard to the legal
interests of the person being searched on the one hand and the public
interests on the other.
Therefore, in cases of minor crimes, it is not lawful for police to search
your bags, so you should refuse any search verbally and clearly. If you do
not refuse explicitly, the police officer can interpret your behavior as
tacit consent, so it is necessary to refuse the bag search explicitly.
Q7: Do I have to let the police search my bag, when I want to go into a
building in order to attend an assembly, and when the police have set up a
checkpoint at the entrance?
Answer:
Unfortunately, the police carry out such entrance controls. But it is not
lawful to search bags of participants of an assembly generally and against
their will. Therefore, you should refuse the bag search strongly, but be
careful not to touch or body check or use any kind of force against the
police officer.
Q8: What shall I do if a police officer asks me to go with him to a police
station?
Voluntary compliance with such a request is truly voluntary, and a police
officer cannot force you to go to a police station.
Therefore, you can unambiguously and firmly refuse the request.
It is advisable that you quickly consult with at attorney if you do refuse,
because police can obtain a court order and try to arrest you.
Q9: What can I do if a police officer keeps following me while I am moving
from one place to another?
Answer:
Tailing (following) a person is considered to be a legal manner of
investigation with the voluntary consent of the person concerned. Be aware
that he is following you in order to learn whom you meet and where you are
staying. Legally, it is difficult to make the police officer stop following
you, so please be conscious that you can be followed at anytime when moving
from one place to another.
Q10: What should I watch out for if the police come to search my house?
Answer:
It is not uncommon for home searches to be carried out around 7 a.m., so
please be careful in the morning.
Before searching your house, the police officers need to ask a judge for a
written permission for house search and seizure of objects. In most of the
cases, the judge issues the permission.
Normally, police search the house of a person suspected of a crime after he
or she has been arrested. But it is also possible for the police to search a
home in order to collect information about organizations, movements, and
relationships among activists on the grounds of investigating a suspected
crime committed by "unknown persons" as a form of preliminary repression.
When the police officers arrive, they first have to show you the written
permission issued by a judge for house search and seizure of objects. In
this permission, items are listed such as the name of the suspect, the
charge, the place to be searched and the objects to be seized. Please ask
the police to translate and to explain to you properly what is written in
the permission. In order to be able to file complaints against the police
afterwards, it is recommended to write down or read aloud and record the
information given in the permission.
After the house search, you have the right to receive a list of seized
objects from the responsible police officer. If no object has been seized,
ask for the certificate of house search.
Q11: Do the police have the right to search my body during the house search?
Answer:
The police have no right to search your body if they only have a permission
for house search and seizure. But with a written permission of a judge for
personal searches, the police can search people who are named in the
permission or who are at the place being searched.
Women are searched physically by female police officers.
The police officer usually looks inside your bag or inside your pockets,
makes you take off your jacket or your shoes, or touches your trousers, but
there were also cases where people had to take off everything except their
underwear.
Q 12 What should I do if my belongings have been seized in the course of a
house search?
You can file a complaint regarding illegal seizures by the police at the
District Court at the place where the seizure took place. (Criminal Code,
Article 430)
If you file a complaint, and provided that the seized objects have
apparently nothing to do with the allegation, the police may return them
immediately without a decision by the court.
Questions and Answers when going to a demonstration
Q1: What do I have to consider when going to a demonstration?
Answer:
The police observe demonstrations and await every opportunity to arrest
protesters. So it is important for you to consider the following points.
Wear comfortable and firm-fitting shoes and clothing that doesn't expose
much of your skin. There will be security police officers photographing the
protesters (lately they use digital cameras), so if you do not want to be
photographed, wear sunglasses, masks and hats.
Take only as few things as necessary to the demo, such as a handkerchief,
tissues and cash. Everything you carry will be taken away by the police
during your detention if you are arrested. However, make sure to carry your
passport in case a police officer questions you.
Try not to be alone at the demo. Make sure you are with at least a few
other people.
Q2: What am I prohibited to take to the demo? Can I wear protective gear?
Can I carry flag poles?
Answer:
Prohibited objects are listed in the written permission of the demo. Please
ask the organisers of the demo beforehand. It is not prohibited to cover
your face or wear protective gear. However, dangerous objects are generally
prohibited. Flag poles are usually not prohibited, but depending on how you
use it, it can be considered a dangerous object.
Q3: Am I allowed to organise or participate at unpermitted or spontaneous
demos?
Answer:
No. In order to organise a demo in Japan, you have to apply for a permit at
least 72 hours before the demo. Unpermitted demos and assemblies are subject
to police intervention.
Q4: What kind of different types of police observe the demo? How do I
recognize them? Do they have different rights?
Answer:
There are 2 different types of police officers, the riot police and other
police officers. They have the same rights, but the riot police are heavily
equipped. There are also plainclothes officers of the Public Security
Intelligence Agency who walk on the pavement and collect information and
photograph/film the protesters. They do not have the right to interfere
directly in the demo.
Q5: What rights do I have if photographed or filmed by the police or the
media? Can I photograph or film the police officers?
Answer:
According to the Supreme Court, everybody has the freedom not to be filmed
or photographed without permission. However, there is an important
exception to the above right, if
- a crime is apparently being committed or apparently has been committed,
- and the conservation of evidence is immediately necessary,
- and the filming or photographing does not exceed the generally
permissible scope,
In such cases, the police can photograph or film a person without his/her
consent and without the written permission of the judge. (Supreme Court,
Superior Ruling of December 24, 1969)
For instance, if someone acts against the conditions of the permission of
the demonstration, the police might take pictures of him/her in the act of
violating the Public Safety Ordinance.
Irrespective of the opinion of the Supreme Court, the security police
photograph and film people just for walking on the public street.
If police officers photograph/film you with disregard for the above
conditions imposed by the Supreme Court, you can protest their actions. In
severe cases, you can file a suit for compensation.
If you get filmed by the media, you can protest. However, taking part at a
demo and exposing oneself to the public can be interpreted as a tacit
consent to being photographed and filmed.
There are court decisions that police officers and other government
employees on duty do not have "portrait rights" (the right in Japan people
may assert not to have their picture taken, published, or otherwise
disseminated) while on duty.
Q6: What are the conditions of an arrest?
Answer:
Two different kinds of arrest are possible at a demo:
1. in flagrant delict, if the police officer recognizes that someone is in
fact committing a crime or someone has in fact just finished committing a
crime,
2. in quasi-flagrant delict, if
the police officer recognizes clearly that a crime has just been finished,
AND
a) people call after a person that he/she is the offender of the crime, OR
b) a person possesses a stolen or any other illegally obtained object, or a
weapon or any other object which was apparently used for the crime, OR
c) if there are traces of evidence at the body or at the clothes of a person
that he/she has committed a crime.
If you feel unjustly arrested, say to the police officer that there is no
reason to arrest you, and protest the arrest. Also, try to appeal to the
passers-by and ask them to help you.
If you get arrested, tell the people your name and ask them to organise
support.
Q7: What are the common charges when arrested on demos?
Answer:
Common charges are: obstructing official duties, trespassing, violation of
Road Traffic Act, obstructing business by force, but any other minor crime
can provide justification for an arrest. Police also invent crimes from time
to time.
Q8: What happens if I am arrested?
Answer:
Once you are arrested, you are handcuffed and taken to the nearby police
station.
At the police station, the police make a "deposition of pleading," which
means
- they tell you what facts you are accused of,
- ask you whether you admit these facts,
- then make a document about what you say
- and ask you to sign and to place your seal (sign) on the document.
At this point, the police tell you that you have the right to appoint a
lawyer. If you say "I want to see a duty lawyer (tôban bengoshi)," the
police will contact the nearby bar association (which is an organisation of
local lawyers) which will send a lawyer and an interpreter on the same day
or the next at the latest. The lawyer who comes to the first interview and
who is sent to you by the local bar association upon your request is called
the duty lawyer.
Before you enter the cell, your body and personal belongings will be
searched, and everything you have (including your watch and belt) will be
taken away until you are freed. Mobile phones can be seized as evidence,
which means the police can keep them for a while even after your release. If
the police try to take away your glasses, you should say that you need them
and protest strongly against it.
You also get photographed and fingerprinted, which you cannot refuse.
Q9: Can I contact the consular representative of my country after my arrest?
Answer:
Non-Japanese have the right to contact the consular representative of
his/her country if detained. For practical purposes, the police station has
a form to ask the arrestee whether he/she wants to contact the consul. The
consular representative can help you contact your family in your country, to
organise documents from your country, find an interpreter, etc.
Q10: Do I have the right to remain silent? In which aspects can I remain
silent?
Answer:
You have the constitutional right to remain completely silent if you want.
(Supreme Court, Superior Ruling of February 20, 1957)
However, if you are not a Japanese citizen and the police take away your
passport, they will know your name, date of birth, nationality, etc. anyhow,
so there may be no meaning in you remaining silent about these topics.
Apart from that, you do not have to tell to the police where you are staying
at in Japan.
Q11: Will there be an interpreter when the police officer questions me?
Answer:
If
- there is no interpreter to translate the interrogation into your first
language, OR
- the interpreter is not good enough, OR
- you have doubts about the ability or the fairness of an interpreter,
you may refuse to cooperate with the questioning and ask for a reliable
interpreter or a lawyer.
Q12: How does the criminal procedure go on after the arrest?
Answer:
You are handed over to the Public Prosecutor's Office within 48 hours after
the arrest, then, within another 24 hours, the public prosecutor has to
decide whether to submit a request to the judge to detain you. If the judge
approves the request, you can be kept in detention for basically 10 days,
but the detention may be extended for another 10 days.
In some cases, you can be released earlier than after 23 days, but please do
not believe that you will not be kept for such a long time just because you
are a Non-Japanese.
Within 20 days after the approval of the detention by the judge, you must be
released unless the prosecutor indicts you.
If you are indicted, your detention continues until the end of the trial.
However, you can request to be released on bail.
The first court session will be held about one and a half months after the
indictment. If the procedure terminates in one session, the decision of the
court will pronounce the judgment in the second court session within another
2 weeks.
Q13: Where will the arrestee be detained?
Answer:
The arrestees are kept in a police cell even after the judge's decision of
detention, a practice which is called the "substitute prison" and criticised
internationally.
During the detention, you will be under total control of the police and may
be subject to long-hour questionings which can continue after 9 p.m. when
the sleeping hours start.
Q14: Who am I allowed to meet after I am arrested?
Answer:
In most of the cases, the judge decides to forbid you to have any contact
with anyone other than the lawyer and to receive anything from outside the
detention facilities. In this case, you have to ask the lawyer to visit you
frequently so that you can have contact with the people outside.
Q15: What can I do if I want to appeal my detention?
Answer:
You can file complaints against the judge's decision to detain you and to
extend your detention. However, there is little chance for you to be
released.
But it is possible that the complaints might help reduce the duration of the
detention.
You can request that the judge who decided to detain you explain the reasons
of the detention in a public court session only once during your detention.
Everyone can attend this session and sometimes the media come to cover the
session. In this proceeding, the detainee and his or her lawyer have the
opportunity to give statements and denounce the unjust detention.
Q16: Are there any criminal procedures other than court trials?
Answer:
If the criminal procedure concerns a fine under 100 million yen, the judge
can fix a fine just after the examination of the documents. This summary
procedure is only possible if you have confessed to the crime. If you pay
the fine, you will be released.
Q17: Will I be deported if I am arrested? When will it happen?
Answer:
If a Non-Japanese is arrested in a criminal case, the criminal procedure has
priority towards the deportation or other procedures covered under the
Immigration Law.
Even if you want to go back to your country, it is not possible until the
criminal case has been terminated.
If you are indicted and sentenced to prison without suspension, basically,
you have to stay in a Japanese prison.
If you are arrested, you do not lose your resident status automatically. But
it can happen that you have to stay longer in Japan than you were initially
approved by the immigration authorities due to the criminal case. In such
cases, upon the termination of the criminal case, you will be immediately
put into a special facility and subject to deportation, even if you are not
indicted, or exonerated, or given a suspended sentence or even if the
execution of the sentence is terminated. Once a deportation procedure has
commenced, the concerned person will actually be deported. In very rare
cases, the Minister of Justice can grant a special permission to stay.