2 Extradition of fugitives

Japan can extradite a fugitive upon a request from a foreign country, under the requirements and procedures provided in the Act of Extradition (Act No. 68 of 1953), with the guarantee of reciprocity, even in the case where Japan is yet to have concluded an extradition treaty with that country. This proves that Japan provides the guarantee of reciprocity and hence Japan can request other countries to extradite a fugitive without any concrete extradition treaty, so long as it is possible within the range of the laws of the respective countries.

In addition, Japan had already concluded the Treaty on Extradition between Japan and the United States of America (came into effect in 1980) and the Treaty on Extradition between Japan and the Republic of Korea (came into effect in 2002). These treaties require both parties to mutually extradite fugitives, although with certain requirements. Furthermore, the treaties allow the requested country to discretionally extradite its nationals, which is, in principle, prohibited under the Act of Extradition in Japan, thereby strengthening cooperation between the member countries. In addition, Japan and China have been negotiating a conclusion of an extradition treaty.

Table 2-6-2-3 shows the number of fugitives extradited to/from Japan and foreign countries over the last 10 years. In Japan both the public prosecutors office and the police, etc. can make extradition requests to foreign countries (which are sent to the foreign country concerned through the Ministry of Foreign Affairs of Japan).

Table 2-6-2-3 Number of fugitives extradited (2002-2011)

Table 2-6-2-3