The process and points to note when a foreigner is arrested in Japan
When a foreigner is arrested in Japan, in addition to the usual criminal procedures, there are also concerns about whether they can continue to reside in Japan.Therefore, it is very important to have sufficient knowledge.In this article, we will explain the process and points to note when a foreigner is arrested in Japan.
The process when a foreigner is arrested in Japan
When a foreigner is arrested in Japan, the same procedures will be followed as when a Japanese person is arrested in Japan.We will explain briefly below.
Detention and interrogation
When a foreigner is arrested in Japan, they will first be detained in a police detention center or other facility for up to 72 hours and interrogated.If it is determined that an extension is necessary, the prosecutor will request detention, and if the judge approves this, the detention will continue for up to 10 days.This period may be extended further, and in that case, the period of pre-indictment detention may be extended by up to 10 days, so the period of pre-indictment detention may be up to 23 days.
Indictment
If the prosecutor determines after the investigation that the facts of a crime are clear, the person will be indicted and will be called a defendant instead of a suspect.In this case, a criminal trial will determine whether or not a crime has been committed and what kind of punishment will be given.If the suspicion of a criminal fact is nonexistent or insufficient, or if the crime is not established because the crime is minor or the fact of insanity is recognized, the suspect will be released from detention.The activities of a lawyer are important in obtaining a non-indictment or shortening the period of detention.
Detention after indictment, bail
If you are indicted, you will continue to be detained, but you may be granted bail.In this case, you will need to deposit bail.
Criminal trial
In a criminal trial, in addition to finding the accused guilty, the court will also determine what kind of punishment will be imposed.When the criminal trial is over and the accused is found guilty, the accused will receive the punishment that was decided there.There are various types of punishment, such as the death penalty, imprisonment, and fines, but if the sentence is below a certain level, the execution of the sentence may not be carried out for a certain period of time due to a system called suspension of execution.
Points to note if a foreigner is arrested in Japan
If a foreigner is arrested in Japan, there are several points to note.Each of these will be explained below.
Be careful about the passage of the period of stay
Your residence status will not be revoked due to arrest, but if the period of stay expires while you are in custody, you will be treated as an illegal resident, and even if you are released, you may be deported by immigration.Therefore, if you are worried about your period of stay, you should ask a lawyer to apply for renewal.
If a guilty verdict is given, there is a possibility of deportation
Under the Immigration Control Act and the Refugee Recognition Act, being found guilty can be grounds for deportation as a violation of criminal law.Whether this applies depends on the severity of the crime, and in many cases, if a heavy prison sentence such as life imprisonment or imprisonment for more than one year is given, the person will be deported after serving their sentence in a Japanese prison and sent back to their home country.Even if such a heavy sentence does not apply, if they commit a certain type of crime that disrupts the order of Japan, such as a drug offense, they may be deported, so be careful.
Summary
In this article, we have explained the process and points to note when a foreigner is arrested in Japan.When a foreigner is arrested in Japan, the procedures are carried out based on unfamiliar laws, and physical detention is often prolonged, which can make them feel uneasy.In order to gain mental stability, make contact with the outside world, and reduce worries about the period of stay, it is effective to receive the support of a lawyer.For this reason, it is important that any foreign national suspected of a criminal offense in Japan consult with a lawyer first.At Yoshida Koichiro Law Office, we accept requests regarding arrest/detention, meetings, and deliveries.Please feel free to contact us for further information.The Japanese Lawyer with Real International Experience