2 Extradition of fugitive offenders, etc.
Upon receiving a request for the extradition from a foreign country, Japan can then accept the request in accordance with the requirements and procedures provided in the Act of Extradition (Act No. 68 of 1953), with under the guarantee of reciprocity, and even in the case where Japan is yet to conclude an extradition treaty with that country. This then enables Japan to provide a guarantee of reciprocity to a foreign country, and hence Japan may also receive fugitive offenders extradited from foreign countries if the laws of that country allow it.
In addition, Japan has concluded 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 (came into effect in 2002). These treaties require both parties to mutually extradite offenders under certain requirements. Furthermore, the treaties allow the requested country to discretionally extradite its nationals which is in principle prohibited under the Act of Extradition in Japan, thereby strengthening cooperation between the contracting parties. In addition, Japan and China have been negotiating the conclusion of an extradition treaty.
Table 2-6-2-3 shows the number of fugitive offenders extradited to/from Japan and foreign countries over the last 10 years. In Japan both the public prosecutors office and the police, etc. can make extradition requests to foreign countries (which are then sent to the foreign country concerned through the Ministry of Foreign Affairs of Japan). There have been no cases where extraditions on request from public prosecutors offices have occurred over the last 10 years.
Table 2-6-2-3 Number of fugitive offenders extradited (2000-2009)
