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2 Assistance in judicial matters There are four types of judicial assistance whereby Japan and other countries cooperate in forwarding documents and investigating evidence related to criminal trials. They are: (1) cases implemented by a foreign court based on a request received from a Japanese court, (2) cases implemented by a Japanese consular official stationed overseas based on a request received from a Japanese court, (3) cases implemented by a Japanese court based on a request received from a foreign court, and (4) cases implemented by an overseas consular official stationed in Japan based on a request received from a foreign court.
As for the supporting regulations for international cooperation in the forwarding of documents related to criminal trials and the investigation of evidence at the trial stage, Japan has bilateral agreements with the USA and the GB, as well as bilateral arrangements on judicial assistance with Italy and other countries. Apart from judicial assistance based on these agreements and arrangements, the aforementioned four types of judicial assistance are implemented after individual diplomatic negotiation. Of these, with respect to (3) judicial assistance implemented by a Japanese court based on a request received from a foreign court, the Law for Judicial Assistance to Foreign Courts(Law No.63 of 1905) provides that, when a request has been made by a foreign court to a Japanese court, subject to certain conditions (such as that the request is made through diplomatic agencies), Japanese courts shall implement legal assistance in accordance with domestic law in connection with the forwarding of documents and investigation of evidence related to civil and criminal litigation cases. In terms of judicial assistance requested from foreign courts by Japanese courts over the last 10 years, there was one request for the forwarding of documents each year between 1992 and 1994, followed by 2 requests in 1995, 1 request in 1996, 3 requests in 1997, 2 requests in 1998, and 2 requests in 1999 (source:Criminal Affairs Bureau, General Secretariat of the Supreme Court). Next, in terms of documents related to criminal trials forwarded by Japanese consular officials stationed overseas based on requests from Japanese courts, documents have been forwarded in a total of 11 cases over the last 10 years. Of these, 9 cases were requests for summoning of witnesses, and by forwarding destination, 8 cases went to the USA. Meanwhile, over the last 10 years there have been no cases of investigation of evidence, etc. , implemented by Japanese consular officials stationed overseas based on requests from Japanese courts. Conversely, in terms of judicial assistance requested from Japanese courts by foreign courts over the last 10 years, there have been 24 cases of forwarding of documents, and 22 cases of investigation of evidence(see Appendix II-18 ). |