Section 3  International Assistance in Investigation and Justice

1 Assistance in investigation, etc.

  If any evidence necessary for the investigation of a criminal case in Japan exists in a foreign country, Japan requests assistance in investigation by means of comity of nations through diplomatic channels, in principle. Either 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. If Japan is requested by a foreign country to provide evidence necessary for the investigation of a criminal case, Japan can provide assistance in investigation in accordance with the requirements and procedures provided in the Act on International Assistance in Investigation and Other Related Matters (Act No. 69 of 1980) under the guarantee of reciprocity, even to foreign countries that have not concluded treaties on assistance with Japan.
  Japan concluded the Treaty between Japan and the United States of America on Mutual Legal Assistance in Criminal Matters (signed in August 2003, instruments of ratification exchanged in June 2006, and came into effect in July the same year) with the United States and the Treaty between Japan and the Republic of Korea on Mutual Legal Assistance in Criminal Matters (signed in January 2006, instruments of ratification exchanged in December the same year, and came into effect in January 2007) with the Republic of Korea. In addition, the Treaty between Japan and the People's Republic of China on Mutual Legal Assistance in Criminal Matters was signed in December 2007, which the Japanese Diet then approved in May 2008. The same month the Agreement between Japan and the Hong Kong Special Administrative Region of the People's Republic of China on Mutual Legal Assistance in Criminal Matters was signed. Furthermore, at present, negotiation towards the conclusion of a treaty on mutual legal assistance in criminal matters is ongoing between Japan and Russia.
  These treaties and agreement aim at further strengthening cooperation for assistance in investigation and the Minister of Justice, the National Public Safety Commission, or persons predetermined respectively by them are required to be designated as the “central authorities” to send or receive requests for assistance. After the treaty/agreement came into effect, the Ministry of Justice or the National Police Agency of Japan can send requests for assistance directly to the judicial authorities of member nations or district without using diplomatic channels. At the same time, the judicial authorities of member nations or district can send requests for assistance directly to the Ministry of Justice of Japan.
  Table 2-6-3-1 shows the trend in the numbers of requests for mutual legal assistance in investigation between Japan and foreign countries over the last five years.

Table 2-6-3-1  Requests for mutual legal assistance in investigation (2003–2007)