Japan

ADDITIONAL RESOURCES Constitution of Japan Criminal Procedure Code of Japan Penal Code of Japan LEGAL TRAINING RESOURCE CENTER eLearning Courses for Criminal Defense lawyers

Sources of Defendants' Rights

Article 31 through 40 of the Constitution of Japan enumerate many rights the accused are entitled to in Japan.

Defendants' Rights

Defendants are entitled to notice of charges and adequate counsel at time of arrest.

Pre-Trial

An individual may be arrested upon issuance of a warrant issued by a competent judicial officer. It must specify the offense. Extensive pre-trial detention is prohibited under Article 34 of the Constitution and an arresstee must be produced in open court immediately upon request. Searches and seizures generally require a warrant issued for adequate cause.

Post-Conviction

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QUICK FACTS

• 2009 Prison Population: 75,250.

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