See also our Brutal Realities of Prison in Japan.
Disclaimer: No legal counsel have been consulted in the production of this article and this should not be considered legal advice. Instead it is a look at the realities involving arrest, interrogation and confinement in Japan regardless of ones guilt or innocence.
Introduction
Being arrested is not too terribly different from being captured by an enemy force in a military engagement and by that I mean you’re fucked.
This becomes exponentially more true when one is arrested in a foreign country and even more so when that country’s laws are dramatically different from those of your home country.
Japan is a highly advanced nation with a powerful economy and a fair amount of “western” ideals and culture. That having been said, the criminal justice system in Japan is uniquely Japanese and varies considerably from anything one has likely encountered in any other place. The following are realities you need to be prepared for if you are arrested in Japan….
7. You are Guilty until proven Innocent
Circular logic anyone?
This is due largely to the existence of Japan’s supremely high conviction rate, 99 percent, and a blind trust and commitment to the institutions wielding power.
After all, how could anyone ever get arrested unless they were guilty, right?
Subsequently, if you claim innocence you will immediately receive harsher treatment both during interrogation, court proceedings and particularly in sentencing. A confession of guilt is not only considered the king of all evidence (shoko no o) in Japanese courts but is also thought to be a clear sign of remorse. This remorse is considered by the judge as an indicator of how likely the arrested individual is to actually rehabilitate and smoothly re-enter society.
What you can do:
Relax. You have been arrested and initially all the police will want from you is information. Slow down. Be confused. Be disoriented, at least appear to be. Consider speaking only English, avoid using Japanese. Ask about seeing someone from your Embassy. Do not sign anything.
6. You have very few rights
Everything that occurs from the moment you first meet the police to conviction in court is designed to ensure that the state wins and you lose. Your “rights” as they are conventionally accepted in the west simply are not a high priority. A good example here is the lack of an attorney during the lengthy interrogation periods with police.
You can be detained for questioning for up to 48 hours, then the prosecutor can grant the police a 10 day detention permission which can and will be (almost without exception) extended for up to 21 days, with a possible two-day extension after this .
This means you can be held for up to 23 days in almost all cases without being charged with any crime.
It cannot be expressed enough in this article or by the police who will interrogate you how critical this initial 24-48 hour period is. When you are arrested it will be a shocking experience. The police will likely handcuff you, search you and confiscate your belongings. You will then be taken to a police station and the initial interrogations will begin.
What you can do:
Again-Relax. Looking distressed and confused for everyone else is fine but inside you need to control yourself, slow things down and make logical decisions. You can just assume that you will be detained for the full 23 days. You will not get bail. Accept this and begin thinking about the long-term. Who can you contact that you trust and can responsibly help you? Nobody within the institutions holding you are interested in your well-being, you have to organize a support network and hopefully your friends or family in the country can help.
5. You will be heavily/aggressively interrogated
Your interrogation will begin as soon as you are in police custody. Likely, this will begin in the van or car while you are being transported to the station and will continue in a cramped little room at the station later. This initial interrogation will last late into the night and will involve several different officers, if resources allow. You will most likely get to sleep an hour or so before you have to wake up and your second round of interrogation will begin that morning after a cold rice and boiled egg breakfast. Expect this to go all day and into the next night.
At this point, the police are trying to maximize your shock and discomfort and will utilize these factors in getting you to sign an initial statement that will be as close to a confession as they can possibly make it. They will make you promises and assurances that you can go home once they have “cleared everything up” and they “fully understand the case”. These are lies, a tactic to trick you and nothing else. This document will be what allows the prosecutor to issue the initial detention permission. However, the act of you NOT signing it can be given as suspicion to hold you further.
Catch 22: Enjoy.
Just like military interrogation, expect this initial phase to be very loud, late into the night and prepare to be bullied and even physically coerced. A common tactic which they can easily get away with, is grabbing your shirt collar and shaking you whilst screaming in your face. It leaves no marks, does not cause pain but it is an excellent shock technique. It lets you know they are in control and hints at the possibility of more serious physical measures yet to come. This can be very unpleasant for someone who has never dealt with the combination of physical and psychological intimidation before. Since Japanese interrogations are conducted in cramped, bare windowless rooms and are not video taped, these physical techniques are completely deniable.
What you can do:
Accept that you are going to be heavily interrogated, often for up to 12 hours per day or even more if your case is very serious, first by a group of police, then by a pair of officers dedicated to your case that play good cop/bad cop and then by the prosecutor. All will employ varying systems and techniques to try to get into your mind and illicit a confession to their satisfaction, true or not.
They are going to use various methods to make you talk and to gain your trust and compliance. They do not care about the details, what they want is simply to get you talking to them and to form a kind of relationship based on your compliance with their demands for information.
Remember, every time you comply with their demands you are giving away a little piece of control.
You will find that as the interrogations go on and you provide information, they will make small allowances in your favor. A coffee. Moving the interrogation to a larger room with a big window. Removing your hand cuffs. Flattering you. This is all part of the system to make you comply and support them.
You should be a very neutral man. You are not fighting them, but you are not passively obeying all commands. Always look miserable, sick and tired but in your mind you have to maintain a strong position and realize one way or another this will all end.
Whether you are innocent and being falsely accused, lying to protect a friend or loved one, or simply a criminal trying to get off (My advice is to not get on the wrong side of the law anywhere, period), you have to stay mentally sharp in these situations because the people questioning you are professionals.
Finally and this is critical, avoid showing anyone how much Japanese you speak, read or write. Insist on an interpreter. This slows down proceedings and the police officer doing the interpreting is more easily engaged as a friendly asset than the other two cops building a case against you. If you succeed in building rapport with the police interpreter, they can even subconsciously begin defending you and deflecting overtly aggressive questions from the other officers interrogating you by softening the translations and even giving you subliminal gestures and ques regarding what you should and should not say.
4. Your lawyer is a Moron/Liar
Defense attorneys everywhere have a very bad reputation and this is not so different in Japan. When a lawyer is finally contacted and you are allowed to meet them, do not expect much.
Attorneys in Japan generally work on a case fee basis. So they charge a flat fee for taking your case and there are additional fees for every subsequent task you ask them to perform.
For example after retaining a lawyer, you arrange for a friend to pay a 5,000 dollar deposit to the Lawyer. Then, your lawyer asks you if you want to file for bail. This is an additional 3,000 dollars in fees, not including the actual bail money which they will tell you needs to be produced before filing. The thing your lawyer will not tell you, and will likely in fact lie to you about, is that bail is rarely granted even to Japanese citizens and is almost never granted to foreign nationals arrested in Japan. You will not get bail, but the fee to the lawyer will be gone and he/she will now know you have access to other funds.
Also, despite what your lawyer might tell you, he/she is constantly in communication with the prosecutor and the police. They have all been sharing facts and figures in order to attempt to seal the potential charges as much as possible and help things proceed forward. This is not to say that your legal counsel is trying to screw you, at least legally, but rather their concept of what is good for you is vastly different from what you think it is and you are unlikely to get any real sound legal advice from them at any point during the proceedings anyway. Often times, situations are so ambiguous your lawyer will be unable to even tell you if you are being charged with a misdemeanor or a felony.
What you can do:
There are really only three primary concerns here that you have any control over.
One: Make sure that the attorney you retain is a CRIMINAL attorney and has actual experience with your type of case. Having a great tax attorney helping you with your Assault charge is counter-productive.
Two: Never let your attorney know how much money you have at your disposal. This is a massive mistake made by people who are under pressure. If you let the attorney know that you have funds at your disposal they will try to separate those funds from you. Reparation payments to “victims” often have clauses that you are unaware of guaranteeing certain funds to your attorney. In addition to that, if there is money to be gotten, you might get ill advice urging you to attempt legal maneuvers simply so that your counselor can get paid more. Be smart, make it clear you are poor.
In the end, if a payment to a victim is necessary, say for example 3,000,000 yen, you could pay 1,000,000 and produce a letter ensuring you will pay the remaining 2,000,000 at a later time. Something that is impossible to enforce if you say, just left the country after your release.
Three: Ensure that your attorney is an English-speaking MAN. This has nothing to do with a woman’s ability or lack there of to perform the duties of a lawyer but rather the realities of a legal institution still largely dominated by men; Men that do not like female attorneys. He needs to speak English to make his meeting with you more smooth and easy. If a translator is always necessary this would reduce the amount of meetings you could have. If your Japanese is excellent it should be no problem but even the best Japanese speakers will likely have trouble with complex legal jargon.
3. Your Embassy cannot Help you
Although it is highly recommended that you do contact your Embassy, it is also highly unlikely that they will be able to help you at all.
You are in the custody of a “friendly” foreign government that has sovereign rights and their own laws. Like it or not the institutions of power view you as a threat and you have been arrested. You are now beyond the reach of your government. They can provide legal advice and likely let your loved ones at home know about your situation but beyond that they can do very little.
What you can do:
The Embassy cannot get you out, but they can do a few things.
First, they can visit you, make sure you are healthy and not being subjected to clear physical abuse. This is a very powerful deterrent to someone who might otherwise resort to these activities. Knowing that someone is coming to check on you, someone who could cause trouble, is a deterrent.
Your embassy can also bring English literature, or whatever language you speak, and as stated above can contact your loved ones at home. Finally, it can be very refreshing to have an unmonitored conversation in your native tongue and to know that at least someone knows where you are and what has happened to you. The Japanese police are obliged by international treaties to allow you to contact and be visited by your embassy. Insist that this occurs. It is an easy way to keep your motivation high and make people aware that you have options even if you really don’t.
Also, it should be said that all embassies are not created equal. American, Britain, Germany, Canada and Australia are generally respected and the visits you receive will be regular. Mexico, Bangladesh and the Philippines, not so much.
2. Japan’s love of rules and order extends to confinement accommodations
The conditions of confinement both at the police stations and at the regional detention centers are designed to foster two reactions: Control and Cooperation.
The conditions at the police stations can vary wildly depending on which station one finds ones self at and the level of attention both positive and negative that one gets from the guards.
All police officers spend some time working as detention center guards at some point. They cycle through for 2 or 3 years and then go back out working the streets or other special duties. Conversely many fresh new officers also pull detention duty early on. Your relationship with these guards can make things much worse or much less uncomfortable.
Generally, you will be in a cell with 3-6 other men. You spend the days sitting on the floor or standing in the cell. You are not allowed to lay down, and the futons are stowed in a closet every morning and retrieved for sleep every night. They are not comfortable. You may read books if friends have brought them for you or if you have an interest in the police stations extremely shabby library which consists of books left by former guests, complete with messages and mental notes including anecdotes considering suicide. Do not expect to find English Literature abundant or even present.
The meals are all Japanese and are of poor quality. The average daily caloric intake is around 1800 kcal or a bit higher if you have money in your account to order a proper lunch box on the days that is allowed. There are no such things as snacks or drinks at the police station detention centers however this changes once you are moved to the regional detention center, this transfer indicating you are absolutely being prosecuted.
Plan to lose weight, almost all foreigners do, up to 5 kilograms within the first week and 15 within 6 weeks.
Bathing is done once every 5 days as a group with your cell mates and it too is Japanese style. You are watched by an officer while bathing.
Visitors are allowed during the weekdays however if you plan to speak a language other than Japanese, an interpreter must be present at your expense. During all visitations except those of your lawyer or your embassy an officer will be present transcribing what is being said. At the police stations these visits are a maximum of 10 minutes and can be shorter if they are busy. Again, ones relationship with the guards is important in this case.
What you can do:
If you are simply visiting Japan, or if you live here but have very western life style habits, then being incarcerated in Japan will be more difficult for you.
Everything is Japanese. Other languages are not permitted even if another foreigner is nearby. The daily routine is strictly observed and kept. It is a humiliating experience. What you can do to make it more bearable is to relax. Follow the rules and stay with the group. Being in solitary confinement, in your own room, is no more physically uncomfortable however mentally it is more taxing and isolating. A great deal of information and advice can be gotten from other inmates and guards so build rapport and be polite.
Respect the guards and take every opportunity to build rapport without seeming needing. Japanese jail is not like its counter part in America; the gangsters generally respect the police, and the police them.
Never ask for favors, you wont get them. However, it is likely that they will be interested in you. If you have been arrested for drugs or sexual assault, do everything you can to appear sorry for your actions and ready to rehabilitate but be prepared for a more cynical reaction from the guards.
Conversely, if you are arrested on assault charges, particularly against another foreigner, it is likely that you will get some sort of grudging respect from the police. Forget any kind of bravado, simply be humble and quiet and it’s likely the guards will take care of you.
1. Money Talks
Most cases in Japan, both civil and criminal and the corresponding punishments are largely effected by paying some sort of restitution or fine.
A relatively simple assault charge, a fist fight with some broken noses in a commercial establishment, can avoid prosecution by offering a payment to the victim, perhaps 10,000 US or 1,000,000 million yen and a formal, written apology.
More extreme situations involving larger amounts lost to theft or a more severe beating/attacks will also require a monetary payment and apologies to avoid a prison sentence, or a reduced sentence. Money here says much more than it does in the western criminal justice system.
In Japan, money is the ultimate apology, the ultimate thank you, and the ultimate expression of love.
What you can do:
“You don’t count your money, when your sittin’ at the table.”
The immortal words of Mr. Kenny Rogers. It’s true in gambling and its true here. If you tell your lawyer or the prosecutor how much money you have to work with, then they will take that from you.
It’s not because these are bad people, they are simply components within an institution and this is their function. IF they didn’t do this, they would be replaced. You have to be aware of this, and play your hand carefully. You have to tell your loved ones or friends that might be contacted by your lawyer or anyone else to make it clear that you have very little money if any at all while still keeping the attorney involved. Being arrested, charged with something you may or may not deserve and being humiliated is bad enough.
There is no good reason to add 3 or 4 years of debt onto everything unless it is absolutely necessary.
More info on Criminal Justice in Japan
UPDATE
FAQ
How long can I be detained by the Japanese police without charges being filed?
Basically, the answer here is 3 weeks. If you are detained after this point it is because the prosecutor has sufficient confidence that he can convict you and is bringing you up on charges. However, up to the three-week point they can hold you “just because”, question your friends, your company, search your home etc. Essentially ruin your life and then simple decide to let you go without so much as a “oh…sorry”.
I have a friend who has been arrested. Can I go visit him?
Yes. Usually. In some very sensitive cases visitation might be limited but usually you will be allowed to visit someone being detained at a police station. Be prepared to fill out some paper work when you visit though. Also, bring ID and if you or your friend cannot speak Japanese unless you are very lucky you will have to pay to arrange a translator. This is expensive and time-consuming. Also, the time allotted for your visit will be short, 20 minutes is a best case scenario and anything you say can be used as evidence in the ongoing investigation.
I am being told to pay a large amount of money to the victim and I think it is excessive. What can I do?
You can have your lawyer, private or public either one, draft a document which is like a letter of promise; you agree to pay a percentage of the restitution upfront, say 20%, and promise to pay the rest at intervals in the future. These documents are taken seriously by the court and are a close second to simply paying the full amount upfront. Once you are out however you can simply defer payment of the final amount indefinitely. There is little recourse for the other party beyond a civil suit which is costly and incredibly time-consuming. For any amount under fifty million yen it is unlikely that they would pursue this as long as you avoid flagrantly telling them to fuck off.
My friend/relative has been arrested in Japan and we haven’t heard from them. What can we do?
You can and should contact your embassy, as many times as it takes, until they have met with your friend/relative. Japan is obligated to allow these visits based on International law, even if they delay such meetings early on.
If you have specific questions or need immediate advice, please contact us below.
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| How to become big in Japan | Visa Jail: Immigration Strikes Back | Getting around the Japanese health care system | Making Friends in Japan | How not to be a hostess |
Gaijinass 
Really good article – a lot of the similar issues happened to me during my issues with the police a few years ago. Ended up being blackmailed by a married woman with mental issues (didn’t know she was married). I went to police so when they interviewed her, she told them I touched her child….3 months later, I was convicted for Indecent Assault, 2 years prison suspended for 4 years.
I was not deported from Japan and still had my job (BIG company in Japan) however my lawyer strongly advised that I leave and due to her still contacting me after the case ended, I should be careful. I chose to return West.
Flash-forward 1.5 years and with my suspended sentence finishing in a while, I’m wondering if I can return to Japan. I have dated with Japanese nationals in the past, one or two are aware of this issue and would be happy to marry me regardless of my issues (of course I should strongly say, with romantic feelings, this wouldn’t be a visa work-around).
I’m wondering what I should now do…discuss with lawyers the best course of action? Try coming on a tourist visa? Avoid marrying anyone Japanese altogether and just give up the dream?
The Special Visa seems to be for people who were deported/skipped a visa, but I never had that issue, so I’m trying to figure out what I need to do to return. Money is no object.
Well, I’m not an immigration lawyer and I don’t play one here either, but…From what I’ve seen so far, immigration has little to do with other affairs. For example, nobody from immigration ever actually wanted to know about my criminal record. It only came up with them when I was redflagged having over stayed. The chances are, all you need is a valid reason to be back in Japan. If money is truly no object, have a lawyer help you set up a small company and then sponsor yourself. It’s totally doable. If money is kinda no object, then come over on a student visa with a Japanese language school. Or just come over as a tourist and get married. Lots of options. Immigration “law” is very murky and the bottom line is, if they see value in your being in Japan, you will get a visa.
Hi there, thanks for the reply. I’m just thinking about what I heard when I spoke to my previous criminal lawyer and also visa agency ACROSSEED, who seemed to think that as it was a 1year+ sentence (despite being suspended and not deported) that I would very unlikely be able to return, even as a tourist.
I’d be very tempted to come this year to visit on a Tourist visa and stay a week or two but I’m scared that I’ll be deported at the Immigration gate, waste the flight money and also now have a deportation notice on my record as well as my past issues
Again, I’m not an attorney. But for example, I went to one when I had overstayed, during my suspended sentence, and was told I had no options and I would be deported. Well, I managed to get a special residence visa. Then, due to a miscommunication with an immigration official and my own idiocy, I overstayed again by 24 hours and had to do the whole process again. I’ve never heard of a one year ban. The people I know who were banned all got 10 years. However, this was before the immigration reforms a few years ago.
But really, worst case scenario, what happens? You fly over and they don’t let you in. So what? You said money isn’t a big deal. You could fly back, book a ticket to Los Cabos and spend a week sipping margaritas on the beach, writing a guest post for us on your experience. It’s a veritable WIN/WIN. If you have a couple extra dollars and the plane ticket isn’t a big deal, just try. Why not?
gaijinass, i got caught on trespassing charges being in a random mansion along with another stupid mistake of having an empty baggie that led to failing the piss test. 2 months later i was released and given 3 year probation. 14 years in japan on working visa and now in the last month before before it expires, and immigration called my work and demanded i go to 2 interviews … all like it fine you can apply for new working visa but before must have an interview so make a mutual available time to set it up, and they will call me back. the next call the officer changed tone and said that the 2 mandatory interviews must be had. probably to make sure i don’t become an overstay illegal and whatever process they have, and my voluntary desire to cuff myself with a long chain so that, they can find me if i choose to be like many from asian counties that, do the whole 20 years or whatever of dogging deportation. i’m canadian and the officer new tone was that i cannot get a new visa and the point of the interviews is so i don’t have to be arrested if i chose to leave before, at narita since i will be arrested for not overstaying but for not having done the interviews that are mandatory, so i can leave. i know …. something doesn’t add up but we know that japan is very strange.. and maybe, there is such thing as approved stamp to not overstay and leave without detention for having a probation of 3 years and for failure of a banned substance infraction violation along with a promise to not trespass at that mansion which lead to my piss test failure. i think they needed the trespassing to somehow stick, since nobody as seeking anything for the trespassing but was the reason that lead to the actual crime that was finding an empty baggie in my wallet that was not in my possession and at a friends house near by that mansion., so does a failed piss test mean i will be released for 5 months to do as i please in japan now that i’m a prosecuted and and probation for 3 year hardcore criminal that perfectly fine to do as he wishes for the remainder of his current visa but not for any longer that being 3 year new working visa.. i hope this is legible and replied even tho, something doesn’t add up .. it is basically how my current situation is.. i know that if i was at the airport with an empty baggie i would be deported and not allowed in for 5 years.. but how is it that i’m allowed in for 5 months but 100% just like a visitor with an empty baggie and deported 5 year ban at the same time.. no new visa .. is due to the conviction that was a sentence of a 3 year probation..
I left Japan in April of 2007 and have not had the opportunity to go back, although I have transited Narita on the way to Bangkok several times.
In December of 2002 I had an incident with another guy on a scooter. We had a confrontation and the police came an got me from my room and took me to the police station. I was there for a few hours while the police did their good cop bad cop routine, and in the end I signed a statement, probably not the smartest thing I’ve done. But they allowed me to leave the country for my planned visit home the following day. I did return after my vacation to finish up my business as I promised. I think it was at that point that they fingerprinted me.
I lived at the same address for half a year after this incident, never receiving any contact from the police. I worked at the same school for my last four years in Japan and was contactable, I think, as the ward office from a previous address was able to track me down for some taxes I owed. It is also true that I exited and entered the country numerous times for school and personal trips. No problem. When I left the country, immigration took note of my one-way ticket, asked if I planned to return, and when I said no, they walked me to a room and had me sign away my alien card.
So the reason why I am concerned now, even though the original incident happened 14 years ago, is that I have been aware of Japan’s fingerprinting policy, and I am a little concerned that upon entering the country and being fingerprinted, the system may pull up some “forgotten” business missed by normal immigration checks that was only detected by the fact that my fingerprints are on file. I don’t know if I am being paranoid. I mean, I had visas renewed, entered and left the country, even applied for a tourist visa for my fiancé. The police officer that I spoke with on my return said that perhaps nothing would come of the incident, and it would seem that was the case. But the fingerprinting process has me a little concerned. I did read what you said to others about Immigration not being concerned with police cases. Do you think I have anything to worry about here, and likewise do you know anything about statutes of limitation in any case. By the way, no punches thrown, no broken noses.
K
IF you never went to court, at this point, the incident is not an issue. It would only re-surface if you were arrested again. Without a conviction, immigration really does’t get involved in civil and criminal issues. The reason I have such ongoing immigration issues is because of my history with immigration, not the police.
I was detained for 21 days last year on bogus charges of indecent exposure. After 48 hours I was fingerprinted and my picture was taken. When the prosecutor overstepped and I blew their case into pieces, I was threatened, released, and there was no prosecution.
I am renewing my visa in a few weeks (hoping for permanent) and I am wondering if this case will come up at immigration. I am also leaving the country for a week at the end of this month and I am wondering (like others) if the fingerprints will show a red flag when I come back into the country.
My real question here is…
If I received a 不起訴 (Non-prosecution) from the police and prosecutor, do I still have an arrest record?
As far as I know, yes, you have an arrest record with the police. But you don’t have a criminal record in Japan. It shouldn’t show up with immigration. You have never been convicted of any crime. I have friends with multiple arrests and several months of accumulated jail time who have no immigration issues. The conviction is what matters. At this point anyway, if they ever go fully digital at the police stations instead of mounds and mounds of paperwork, this will change. But right now, safe.
we believe you Mr perv
I’ve never been to Japan but I love reading about Law enforcement systems of different countries and honestly all the things I’ve read until now Japan stands out of them all. Thanks for the detailed information I really liked this article.
Thank you for reading and commenting. We have more related content coming soon. Stay tuned.
My partner and I are in Japan, long story short he was arrested yesterday morning for graffiti. I am told 12 days he will be in holding, we have flights booked for the 3rd of April and it seems making it home then is unlikely. Embassy is calling me tomorrow, I am beside myself with worry and reading this has freaked me out, do you know if graffiti charges are similar to what you have written? Thanks,
They will probably hold him for 10-12 days and then he will be out. If he behaves, isn’t rude, he should have no problems. You should be able to go visit him. If you haven’t, go. It will make him feel much better.
So there is no way he will be out for the 3rd of April to fly home? Thanks for taking the time to comment back to me. He is a very polite person so I’m sure he is sticking to that in there, I was told maybe I can visit after Monday but the maybe freaked me out as I need to be able to see him for both of our peace of mind.
He MIGHT be out by the 3rd but generally, for something petty and no charges pressed, they hold the person for about 10 days to get the point across. You should be able to visit soon. Just keep going to the police station, be cool, and ask to see him. Making your presence known is a good thing and totally legal, nothing wrong with it. If you have a Japanese friend get them to go with you. Not sure how your language skills are.
Unfortunately my Japanese is pretty limited, but spoke to someone who works at the police station that speaks relatively ok English. I do have a Japanese friend but in a different part of Japan, he said he will call for me tomorrow. Waiting to hear from the embassy to, have spoken to a few locals that think for his type of crime/just tagging something means 48 hours is possible, but I won’t get my hopes up. Thanks again for getting back to me!
Yeah and they might take into account that you two have tickets and are leaving the country. Their bizarre system allows for case by case discretion. I hope it goes well and you two can fly away on the 3rd.
I hope that is the case, they wanted to know what type of person he is usually, I was able to be honest. Good person, doesn’t drink often but was drunk at the time, full time job, no other arrests. He also knows what he did was stupid and would own up to his actions. Thanks for talking me through this, seriously much appreciated!
what a twat, hope the Japanese police throw the book at him
Really, a very good article. Much informative and well guided. I thank the author very much and wish him a long life and good health.
Samar R. Singha
Woodside, New York, USA
Curious to know – we’re always advised in US police custody to exercise our right to silence, and respectfully refuse to answer questions without legal representation. Does that right exist in Japan? If so, how does that tactic/practice need to be modified to account for the lengthy absence of an attorney?
There’s no set right, not like the US, for legal counsel in Japan. If you can’t afford one, you are given a defense lawyer, but in reality they are more there to move things along, not to really “defend you”.
Hi !
Sorry for my poor English, but I would like to ask you about a case.
Yesterday my friend stole something from yodobashi camera (3000 value) I would like to know will happen to him ? He has a permanent visa.
Can the Japanese gouvernement expel him from japan ? Can he goes to the jail? It’s his 1st “case” in Japan, no history.
Thank you
Hi I need some advise my sister was arrested in Japan for fixed marriage where the agency just paid a jap guy to marry her and they are also throwing drug abuse allegations against her. I know my sister she had never done any drug abuse in her whole life. We haven’t been able to contact her for 5 days now. We dont have any relatives in Japan. The club where she works told us they dont know if she was taken by the Police or Immigration and she’s not allowed visitors. Please help us and advise us on what course of action to take. Everybody’s worried sick bout her.
This article helped me realize how much people depend upon fiction, either novels or films, to understand a culture or a country.
In India, I have most exposure to USA or UK stories, novels, TV, films and a small set of 19th or 18th century French literature, and almost nothing else. Only Japanese knowledge is movies or manga comics via English translations
Dear gaijin ass , I am a permanent resident , and was wrongfully arrested for refusing to show my id , to make a long story short, they hand cuffed me,finger printed me interrogated me for a day took my mug shot and when they were satisfied I am legally here released me , immediately after my arrest they contacted immigration and confirmed my status but decided to charge me with ” refusing to show my id ” to a police officer ‘ please tell me A ) will they refuse my renewal of permanent residence ? B) refuse me a landing permission ? Please help me ! I am in a great distress mentally
Hi Gaijin,
First your article has been THE most informative I have found in my 7 days of searching!
Long story short my brother in law is currently being held in detention for buying and using cocaine. (He’s an Aussie working there) It’ very early days (as in 7days in) We know basic stuff (23 days held etc) and he has a lawyer. We’ve been told he has pleaded guilty…we want to know what is the POSSIBLE outcome of being caught on drug charges? I’ve read 1 to 5yrs in jail?? We’ve been told he’ll get bail on 8th DEC BUT everything I have read tells me otherwise. Your opinion would be great, thank you.
Kelly
Hi Kelly I would love to make contact with you if possible? I am just not sure how to via here.
Hi charlotte. You can email me on harveykel@hotmail.com x
Hey guys, since leaving my email I’ve had a few people contact me. I’m totally fine with that, We’ve accrued quite a bit of knowledge in the past few months.
My brother in law made bail after 40 days (due to having a work friend (resident of Japan) go guarantor). His trial was the 24th of jan and he will be sentenced on the 30th. HOPING for suspended, but unsure.
Feel free to email me if you end up being in the same rubbish situation we found ourselves in. This article really was very helpful. x
Hi Kelly,
What happened to your brother in the end?
My brother is in the same type of situation but with Marijuana. You can email me at philipchan2280@gmail.com
Thanks
Phil
Hi! This is certainly an eye opener and something one should consider when travelling to Japan. I was aware of some things like the interrogations and guilty until proven innocent (I watch a lot of japanese and korean dramas but thought they were dramatizing. Guess not!!) I was actually just looking for information regarding their legal system for a fanfic I’m writing but then got stuck reading this because it was so well written, informative and so scary. I’ve been planning to visit Japan and despite me being the sort of person who does not get involved with legal systems (apart from a few parking tickets) it’s still good to know what to expect. I was told Japan is quite safe – should I be particularly careful with my bag in airports and so on? (for instance in Colombia people have been arrested for drug traficking because stuff was put in their luggage). Thank you.
Hi Gaijinass, I really hope you are available to answer this 😦 my bf was i Japan for what was supposed to be a 15 day trip. He wasn’t sleeping, he was triggered into having memories of childhood sexual assault. He went into a psychosis caused by aleep deprivation and freaked out with paranoia and fear, and hit someone with a chair. The person went to hospital, and was released same day. They had a cut on their cheek but will otherwise make a full recovery.
My partner was brought in by the police, others in his travel group reported on his mental unwellness and the police had their own medical professionals present. He was then transfered to a psychiatric hospital. The police have tried to interrogate him agin but his doctor will not allow it until he is released from hospital care. I read your article and want to give him some heads up and prepare him, I just wonder/ worry that our phone conversations are potentially recorded, and could be used against him. Do you know if this is the case? Are the charges likely to be dropped? Would he be best off stating that he would like to offer the victim a bit of money and a formal apology during the interroagtion to help show his remorse? Thank you so much
I was jailed in China. This article basically applies to China exactly, I am surprised the Japanese system is very similar to China. China authorities can detain someone up to 37 days even longer than Japan. The conviction rate in Japan and High also high and people usually confesses their crimes under interrogation, both countries prison regime is very strict, follow a lot of rules and forced labor. Interesting is people criticizes China’s criminal system but not everyone focus less on Japan since it is a developed society.
One big difference: China arrests people for expressing the wrong political beliefs. Japan does not.
Japanese prisons seems to be very hard, almost inhuman, but at least the authorities are present to avoid violence between inmates. I live in Brazil and I get horrified with the news from our prison system: there are even occurrences of cannibalism, and the gangsters (“facções “) are in charge of the order inside the prisons. Google about “Pedrinhas penitentiary ” and you’ll see.
If you want to commit so much crime in Japan, maybe you should visit SHINA instead? We Japanese don’t want foreigner criminal here, we have zero crime zero drag polishy.
It’s yanks american wankers you should ban them from your country, fuck yanks!