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2 Extradition of fugitive offenders 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 that country. This enables Japan to provide a guarantee of reciprocity to a foreign country, and hence Japan may also receive fugitive offenders extradited from foreign countries where the laws of that country permit it.In addition, the Treaty on Extradition between Japan and the United States of America came into force in 1980 and the Treaty on Extradition between Japan and the Republic of Korea in 2002. These treaties require both countries to mutually extradite offenders under certain requirements. Furthermore, the treaties allow the requested country to exercise its own discretion in extraditing its nationals, which is in principle prohibited under the Act of Extradition in Japan, thereby reinforcing cooperation between the contracting countries. Japan and China also reached an agreement to start negotiation towards early conclusion of a treaty. Table 2-6-2-3 shows the number of fugitive offenders extradited between Japan and foreign countries over the last 10 years. In Japan, either the public prosecutors office or the police, etc. can make an extradition request to a foreign country (which is then sent to the foreign country concerned through the Ministry of Foreign Affairs of Japan). There has been no case of extradition on request from public prosecutors offices over the last 10 years. Table 2-6-2-3 Number of fugitive offenders extradited (1999–2008)
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