2 Judicial assistance Judicial assistance referring to cooperation between Japan and foreign countries in delivering documents and in examining evidence in criminal trials is categorized into four cases:judicial assistance provided by(1)a foreign court at the request of a Japanese court,(2)the Japanese Consul etc.residing in a foreign country at the request of a Japanese court,(3)a Japanese court at the request of a foreign court and(4)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.63of1905)provides that,upon receiving a request made by a foreign court which 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. In2004,one request was made by the Japanese court to a foreign court for assistance in delivering documents.In the same year,five requests were made by foreign courts to the Japanese courts in delivering documents and three requests in examining evidence etc.(Source:The General Secretariat,Supreme Court).
|