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1 Assistance in investigations, etc. As in the case of the extradition of fugitive offenders, after receiving a request from a foreign country to provide the evidence necessary to investigate a criminal case, Japan may provide assistance 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, through diplomatic channels, even to foreign countries that have not yet concluded treaties on assistance with Japan. In addition, this enables Japan to receive the evidence necessary to undertake investigations from such foreign countries if their laws permit it.Japan also concluded a Treaty between Japan and the United States of America on Mutual Legal Assistance in Criminal Matters (came into effect in 2006), a Treaty between Japan and the Republic of Korea on Mutual Legal Assistance in Criminal Matters (came into effect in 2007), a Treaty between Japan and the People’s Republic of China on Mutual Legal Assistance in Criminal Matters (came into effect in 2008), and an Agreement between Japan and the Hong Kong Special Administrative Region of the People’s Republic of China on Mutual Legal Assistance in Criminal Matters (came into effect in September 2009). In addition, a Treaty between Japan and the Russian Federation on Mutual Legal Assistance in Criminal Matters has been signed and negotiation commenced on the conclusion of a treaty on mutual legal assistance in criminal matters between Japan and the European Union (EU). These treaties or conventions on legal assistance in investigations require both countries to provide mutual assistance unless reasons for rejection exist, and to designate “central authorities” to send/receive requests for assistance (in Japan requests can be sent by the Minister of Justice, the National Public Safety Commission, or the agencies designated by either one of them, and requests are received by the agencies designated by the Minister of Justice), to ensure that requests are sent or received directly between the central authorities without having to use diplomatic channels and thereby making legal assistance in investigations more prompt and efficient. Table 2-6-3-1 shows the number of requests for legal assistance in investigations made between Japan and foreign countries over the last 10 years. In Japan, either the public prosecutors office or the police, etc. can make a request for legal assistance in an investigation. Table 2-6-3-1 Number of requests made for legal assistance in investigations (1999–2008)
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