2 Judicial assistance Judicial assistance refers to cooperation between Japan and foreign countries in delivering documents and in examining evidence in relation to criminal trials. Judicial assistance includes (1) by a foreign court at the request of a Japanese court, (2) by the Japanese Consul, etc. residing in a foreign country at the request of a Japanese court, (3) by a Japanese court at the request of a foreign court and (4) by the Consul, etc. of a foreign country residing in Japan at the request of a foreign court. As for (3) above in which a Japanese court provides judicial assistance at the request of a foreign court, the Law for Judicial Assistance to Foreign Courts (Law No. 63 of 1963) provides that, upon receiving a request that is made by a foreign court of and satisfies certain requirements such as going through diplomatic institutions, a Japanese court shall provide statutory "assistance" under the domestic laws in delivering documents and examining evidence in relation to civil or criminal proceedings. In 2001, 5 requests were made by Japanese courts to foreign courts for judicial assistance in delivering documents and 2 requests in examining evidence while 1 request was made by a Japanese court to a Japanese Consul, etc. residing in foreign countries for judicial assistance in delivering documents. 14 requests were made by foreign courts to Japanese courts for judicial assistance in delivering documents and 4 requests in examining evidence (Source: Criminal Affairs Bureau, General Secretariat, Supreme Court).
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