Risks for Foreign Nationals facing Criminal Penalties in Japan

When a foreign national is sentenced to a criminal penalty in Japan, the consequences extend far beyond the punishment itself. It entails extremely significant legal risks, including a major impact on their status of residence and the potential loss of their right to remain in Japan.

Although criminal proceedings and procedures under the Immigration Control and Refugee Recognition Act (the "Immigration Control Act") are separate and independent, violating Japanese criminal laws can lead directly to the loss of residence status and forced removal from Japan.

This article explains the risks of detention, deportation, and re-entry restrictions associated with criminal penalties, along with potential countermeasures.

Relationship between Criminal Proceedings and Deportation Procedures

When a foreign national is suspected of a crime, they are subject to arrest and detention procedures under the Code of Criminal Procedure, just like Japanese nationals.

In cases where these criminal proceedings overlap with immigration detention or deportation procedures under the Immigration Control Act, Article 63 of the Act stipulates that criminal proceedings generally take priority.

The standard practice is that criminal proceedings proceed while the individual is in custody. Once the sentence is finalized and the prison term is served, or after the individual is released, they undergo an investigation by immigration authorities, followed by repatriation—the execution of a written deportation order.

Since the outcome of criminal proceedings is the primary factor determining one’s future life in Japan, appropriate action from the earliest stages is required. Therefore, it is crucial to establish a support system with an attorney as early as possible (immediately after arrest, if applicable) once suspected of a crime.

Types of Criminal Penalties that trigger Deportation

The determination of whether one loses their status of residence depends on the nature of the crime committed and the sentence imposed.

The Immigration Control Act provides detailed grounds for mandatory deportation.

Conviction for Drug-Related Crimes

Involvement in drug crimes concerning narcotics, cannabis or stimulants will result in deportation grounds if a guilty verdict is finalized, regardless of the severity of the sentence.

Even if a suspended sentence is granted, remaining in Japan is generally not permitted.

Japan's law enforcement regarding drugs is extremely strict, and it is vital to recognize that a single mistake can lead to permanent expulsion.

In such severe circumstances, it is essential to accurately organize the facts and follow procedures to assert legal justification.

Imprisonment for One Year or More

For offenses other than drug crimes, receiving a finalized prison sentence (with or without labor) exceeding one year generally makes the accused subject to deportation.

For instance, even for common crimes such as theft, injury or fraud, a prison sentence of one year or more will result in the loss of residence status.

Furthermore, same regulations apply to those sentenced to imprisonment for crimes such as theft or the concealed possession of designated metal-cutting tools.

Violations of the Immigration Control Act or Passport Act

Acts violating the Immigration Control Act itself—such as assisting in collective smuggling or illegal work (engaging in activities outside the scope of one's permit without authorization)—result in deportation if a sentence of imprisonment or higher is finalized.

Strict measures are also taken regarding crimes related to illegal entry, such as violations of the Passport Act.

Because these violations are seen as undermining the foundations of Japan's immigration system, harsh judgments tend to be rendered.

To protect legitimate rights, it is necessary to correctly understand the institutional framework and make assertions through appropriate stages.

Impact on Status of Residence and Special Permission to Stay

If the period of stay expires while criminal proceedings are ongoing, the risk of losing one's status increases if renewal or other measures are not taken.

If released while having lost their status, the individual will likely be detained in an immigration facility immediately, which could collapse the foundations of their life.

Potential for Special Permission to Stay

Even if someone falls under the grounds for deportation, a system called "Special Permission to Stay" exists, allowing for exceptional residency in Japan.

This is a discretionary disposition granted by the Minister of Justice after careful consideration of individual circumstances.

Factors considered include having a Japanese spouse or children, or having lived in Japan for a long time and being deeply rooted in society.

For example, if separation from family is deemed to cause significant humanitarian issues, permission may be granted.

However, it must be noted that obtaining permission is extremely difficult in cases of drug crimes or serious violent crimes.

It is necessary to objectively review one's situation and accumulate evidence to appeal for humanitarian consideration.

Severe Disadvantages: Re-entry Restrictions

If one is forced to leave Japan due to a deportation order, strict restrictions are imposed on subsequent re-entry.

Once deported, an individual is generally barred from entering Japan for 5 or 10 years.

Furthermore, if deported after being sentenced for certain serious criminal offenses, they may be subject to a "permanent entry ban" effectively prohibiting them from ever entering Japan again.

For those with family or jobs in Japan, this is a harsh outcome that can fundamentally change their lives.

To avoid such a situation, it is necessary to build a solid strategy to prevent deportation starting from the criminal proceedings stage.

A commitment to achieving the best possible outcome through the accumulation of proper procedures is required.

Why choose Yoshida Koichiro Law Office for Criminal Cases?

If you are a foreign national involved in a criminal case, please contact Yoshida Koichiro Law Office immediately. Our elite team, led by attorneys with international experience and English fluency, is ready to support you. Obtaining legal support at an early stage (immediately after arrest) significantly impacts the outcome. We have a proven track record of providing legal services to people from various countries.

Support considering both Criminal and Immigration Procedures

Our firm does not focus solely on mitigating criminal penalties; we constantly look ahead to the impact on your residence status.

We develop a consistent defense strategy by anticipating how assertions in a criminal trial will affect future deportation procedures.

We strive to accurately convey the position and background of foreign nationals to prosecutors and judges to guide the case toward a reasonable judgment that allows for continued residence in Japan.

International Network and Advanced Expertise

Our firm is well-versed in the legal systems and cultural backgrounds of various countries, possessing high-level expertise to protect the rights of foreign nationals.

We strictly monitor for unjust detention or procedural flaws, striving to ensure that proper legal procedures are followed.

Summary

Criminal penalties are not just punishments; they lead directly to severe disadvantages such as deportation and future entry bans, which can strip away one's life in Japan.

We support you with an elite team led by attorneys with international experience and English fluency. Obtaining legal support at an early stage (immediately after arrest) significantly impacts the outcome. We have a proven track record of providing legal services to people from various countries.

Please consult our firm at an early stage before the situation becomes more severe.