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2. Extradition of fugitive offenders
(1) International cooperation for extradition
Upon receiving a request for extradition of an offender from a foreign country,Japan may accept the request in accordance with the requirements and procedures provided in the Law of Extradition(Law No.68of1953)under the guarantee of reciprocity,even in the case where Japan has not concluded an extradition treaty with the foreign country.Thus,Japan is able to provide guarantee of reciprocity for extradition to foreign countries as well as to receive fugitive offenders extradited from foreign countries.However,some countries require a concluded extradition treaty as a prerequisite for extradition.Among these countries,some have abolished this policy that would hinder extradition,in response to the current demands from the international community in which extradition is an important issue of international cooperation in criminal justice,whereas others conclude bilateral extradition treaties with many countries while maintaining such policy.Under the multilateral trea ties adopted recently,the Contracting States are required to criminalize certain acts as offenses,and to establish jurisdictions and apply extradition to such offenses so as to prevent offenders from escaping from criminal proceedings,accepting the differences in the domestic systems.These treaties also require the Contracting States either to extradite the offender to the country concerned or to refer the case to their competent authorities.Thus,these treaties aim to further promote international cooperation among the Contracting States.
In1978,Japan and the United States signed the Agreement on Extradition between Japan and the U.S.A.and Related Instruments Thereof,and the agreement came into force in March1980.Japan also signed the Treaty on Extradition between Japan and the Republic of Korea with South Korea in April2002,and the treaty came into force in June2002.These treaties require both parties to mutually extradite offenders under certain requirements.Furthermore,these treaties allow the requested party to exercise its own discretion in extraditing its nationals,which is in principle prohibited under ordinary extradition treaties,thereby reinforcing cooperation between the Contracting parties.
(2) Request from Japan to foreign countries for extradition of offenders
When Japan makes an extradition request to a foreign country with which it has not concluded an extradition treaty,it complies with the requirements and procedures provided under the domestic laws of the foreign country.In order to arrest a fugitive offender,Japan makes an extradition request to the foreign country through diplomatic channels.Either the public prosecutors office or the police etc.may make such a request,and the request shall be sent to the foreign country concerned via the Ministry of Foreign Affairs of Japan.
Table 2-6-2-4 shows the number of fugitive offenders extradited from foreign countries to Japan over the last10years.One offender in one case was extradited from Brazil in1994,one offender in one case from Thailand in2000,one offender in one case from the United States in2002,and one offender in one case from the United States and one offender in one case from South Korea in2003(Source:Data by Criminal Affairs Bureau,Ministry of Justice,and Criminal Investigation Bureau,National Police Agency).
(3) Request from foreign countries to Japan for extradition of offenders
Table 2-6-2-4 also shows the number of fugitive offenders extradited from Japan to foreign countries over the last10years.
Table 2-6-2-4 Number of fugitive offenders extradited(1994-2003)