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2 Extradition of fugitive offenders
(1) International cooperation for extradition
Upon receiving a request for extradition of an offender from a foreign country, Japan may accept the request in accordance with the requirements and procedures provided in the Act of Extradition (Act No. 68 of 1953) under the guarantee of reciprocity, even in the case where Japan has not concluded an extradition treaty with the foreign country. Thus, Japan is able to provide a guarantee of reciprocity for extradition to foreign countries as well as to receive fugitive offenders extradited from foreign countries.
In 1978, Japan and the United States signed the "Treaty on Extradition between Japan and the United States of America," which came into force in 1980. Japan also signed the "Treaty on Extradition between Japan and the Republic of Korea" with South Korea in April 2002, which came into force in June 2002. These treaties require both parties to mutually extradite offenders under certain requirements. Furthermore, these treaties allow the requested party to exercise its own discretion in extraditing its nationals, which is in principle prohibited under the Act of Extradition, thereby reinforcing cooperation between Japan and the contracting parties.
(2) Request for extradition of offenders between Japan and foreign countries
In a case where Japan makes an extradition request to a foreign country with which it has not concluded an extradition treaty, its requirements and procedures comply with the provisions of the domestic acts of the foreign country. In order to take custody of a fugitive offender, Japan makes an extradition request to the foreign country through diplomatic channels. Either the public prosecutors office or the police etc. may make such a request, which shall be sent to the foreign country concerned via the Ministry of Foreign Affairs of Japan.
Table 2-6-2-4 shows the number of fugitive offenders extradited between Japan and foreign countries over the last five years.
Table 2-6-2-4 Number of fugitive offenders extradited (2001-2005)