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1 Assistance in investigation, etc. (1)Requests from Japan to other countries for assistance in criminal investigation, etc.
Requests for assistance from other countries with a view to gathering evidence needed for investigating criminal cases(including supplementary investigation for public trials)are made by public prosecutor's offices or by the police, etc. , through diplomatic channels. Normally, requests made by public prosecutor's offices take the route"Public Prosecutor's Office-->Ministry of Justice-->Ministry of Foreign Affairs-->Japanese Embassy abroad-->Foreign Ministry in the country concerned". Those made by the police go through"prefectural police-->National Police Agency-->Ministry of Foreign Affairs-->Japanese Embassy abroad-->Foreign Ministry in the country concerned". In either case, requests are implemented by the judiciary or other authorities in the country concerned. Meanwhile, the International Criminal Police Organization(ICPO)route presents another method of seeking assistance in criminal investigation, such as the provision of information and materials in other countries or regions needed to investigate criminal cases. In this case, requests for assistance from prefectural police are generally relayed to the police authorities in other ICPO member states through the National Police Agency(which acts as the central state secretariat for ICPO in Japan)and are then processed by the appropriate police authorities. Fig. II-27 Trends in assistance in criminal investigation (1990-1999) Fig. II-27 shows the number of cases of mutual assistance requested over the last 10 years. In 1990, Japan only requested assistance in 5 cases from other countries through diplomatic channels following requests by public prosecutor's offices. However, since 1993 this has been more than 10 each year, with 23 cases in 1999. In this period, there were 142 such requests and 23 countries(or regions)that received such requests. Both the number of requests and the number of request receiving countries are generally in an increasing trend. The receiving country was most usually the USA, accounting for 50 out of 142 cases, or more than one third. Recently, however, the other country has increasingly been an Asian country such as Thailand, South Korea, or the Philippines(see Appendix II-14 ).During 1999, Japan made requests for assistance to 9 countries(or regions)through public prosecutor's offices, namely the USA, South Korea, Thailand, China, Hong Kong, the Philippines, France, the GB, and Brazil. In all, 23 requests for assistance in criminal investigation were made, including requests for forwarding of evidence, preparation of statements by related parties, and questioning of witnesses. Of these, replies were received in 10 cases. Of the requests for assistance made by public prosecutor's offices, 43 cases have involved foreign suspects over the last 10 years. In 1999, there were 9 such cases (source:Criminal Affairs Bureau, Ministry of Justice). Apart from these, in terms of requests for assistance in criminal investigation by Japanese police to other countries through diplomatic channels over the last 3 years, there were 14 cases in 1997, 12 cases in 1998, and 9 cases in 1999 (source:International Department, Director-General's Secretariat, National Police Agency). (2)Requests from other countries to Japan for assistance in criminal investigation, etc. The Law for International Assistance in Investigation(Law No.69 of 1980) stipulates the procedures to be taken when receiving requests for assistance from other countries or regions in connection with the provision of evidence needed for investigating criminal cases overseas. Its provisions cover the procedures for handling requests for the provision of evidence from other countries and requests for assistance from ICPO. Viewing requests for assistance in criminal investigation received by Japan from other countries through diplomatic channels over the last 10 years according to Fig. II-27 , a total of 206 such requests were received from 29 countries(or regions). The requesting country was most often the USA, accounting for 91 of the 206 cases. Recently, however, requests from Australia, South Korea, and other Asian-Pacific nations have been on the increase(see Appendix II-15 ). During 1999, a total of 22 requests were received for assistance in criminal investigation, including the provision of evidence, preparation of statements by related parties, and questioning of witnesses, from the USA, Australia, the Netherlands, Switzerland, South Korea, China, New Zealand, Poland, and the GB. Of these, assistance has already been implemented and replies forwarded to the requesting country in 12 cases. Viewing requests for investigation assistance received by Japan from other countries in terms of the destination of related documents forwarded by the Minister of Justice, in 199912 cases were referred to the National Police Agency and 11 to public prosecutor's offices(see Appendix II-16 ). |