1 Criminal Investigations
When police officers have reason to suspect that a crime has been committed, they may conduct the necessary investigation. Traffic accidents and traffic violations may also be subject to investigation if they constitute a crime.
Immigration control officers may also conduct the necessary investigations into violations related to immigration control, such as illegal stay or illegal employment in Japan.
These investigations may initially be conducted on a voluntary basis. However, when legal requirements are met, such as when a person does not cooperate with the investigation, authorities may conduct an investigation using compulsory powers provided by law.
Police officers and other authorities may also conduct questioning or ask a person to show or check their belongings when necessary to prevent crime.
Foreign nationals may be asked to show or provide their driver’s license, residence card, passport, or other documents for verification.
These questions and checks may be conducted on a voluntary basis under the law. However, in practice, refusing to respond to questions or checks by police officers or refusing to show documents such as a driver’s license or residence card may lead to more serious action afterward.
2 Criminal Procedures in Japan
When police officers or other authorities suspect that a person has committed a crime and the legal requirements for arrest are met, the person may be arrested.
When the police arrest a suspect, they must decide within 48 hours of the arrest whether to release the suspect or refer the case to a public prosecutor.
The public prosecutor’s office investigates cases referred by the police and other authorities and decides whether to prosecute the suspect.
After a case is referred to a public prosecutor, the prosecutor must decide within 24 hours of receiving the suspect whether to prosecute the suspect or release them.
If the prosecutor determines that it is necessary to continue detaining the suspect, the prosecutor may request a judge to authorize detention.
If a judge approves the detention, the suspect remains in custody while the investigation continues. Detention is subject to a specific time limit and may be extended when certain legal requirements are met.
If the prosecutor decides to prosecute the suspect after the investigation, a criminal trial will take place. If the prosecutor decides not to prosecute, the case will not proceed to a criminal trial.
If the suspect is found guilty after a criminal trial, a criminal penalty may be imposed depending on the nature of the crime and the type of penalty, such as a fine or imprisonment.
3 Special Procedures for Traffic Violations
Traffic violations are generally handled as violations of the Road Traffic Act.
However, relatively minor traffic violations are often handled through simplified procedures that are different from the ordinary criminal procedure.
On the other hand, in cases involving fleeing from the scene, drunk driving, driving without a valid driver’s license, or a serious traffic accident, procedures such as investigation, arrest, referral to a public prosecutor, and prosecution may be carried out in the same way as in ordinary criminal cases.
4 Administrative Measures and Civil Liability
In addition to criminal penalties, a person may be subject to administrative measures depending on the nature of the violation.
For example, violations or other problems related to a person’s status of residence may result in measures such as revocation of their status of residence.
A driver’s license may also be suspended or revoked depending on the nature of a traffic violation or traffic accident.
In addition, if a person injures someone or steals or damages another person’s property, they may have civil liability separate from their criminal responsibility, such as an obligation to compensate the victim for damages.
In other words, when a person commits an illegal act in Japan, the following may arise separately depending on the circumstances:
Criminal responsibility
→ Fines, imprisonment, or other criminal penalties
Administrative measures
→ Revocation of status of residence, suspension or revocation of a driver’s license, and other measures
Civil liability
→ Compensation for damages to the victim
16 Revocation of Status of Residence in Japan
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