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2 Judicial assistance
Judicial assistance refers to cooperation between Japan and foreign countries in delivering documents and in examining evidence in 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 1905) provides that, upon receiving a request that is made by a foreign court and that 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 civil or criminal proceedings.
In 2002, 4 requests were made by Japanese courts to foreign courts for judicial assistance in delivering documents while 2 requests were made by Japanese courts to a Japanese Consul etc. residing in foreign countries for judicial assistance in delivering documents. 8 requests were made by foreign courts to Japanese courts for judicial assistance in delivering documents and 5 requests in examining evidence etc. (Source: Data by Criminal Affairs Bureau, General Secretariat, Supreme Court).