Section 3 Mutual Legal/Judicial Assistance in Criminal Matters
1 Assistance in investigation
As in the case of an extradition, Japan can provide assistance of providing an evidence needed in the course of investigation of a criminal case upon request from a foreign country under the requirements and procedures provided in the Act on International Assistance in Investigation and Other Related Matters (Act No. 69 of 1980), with the guarantee of reciprocity, and through diplomatic channels, and even to a foreign country that is yet to have concluded treaty on assistance with Japan. This also enables Japan to receive an evidence needed to investigate a criminal case from foreign countries so long as it is possible within the range of their laws.
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), 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 2009), an Agreement between Japan and the European Union (EU) on Mutual Legal Assistance in Criminal Matters (came into effect in 2011), and a Treaty between Japan and the Russian Federation on Mutual Legal Assistance in Criminal Matters (came into effect in 2011). These treaties or agreements on mutual legal assistance in criminal matters require both parties to provide mutual assistance, unless reasonable grounds for denial exist, and to designate a “Central Authority” to send/receive requests for assistance (in Japan requests are sent by the Minister of Justice, the National Public Safety Commission, or persons designated by them, and received by the Minister of Justice or persons designated by the Minister), thus ensuring that requests are directly sent or received between the central authorities without through diplomatic channels, thereby making legal assistance in investigations more prompt and efficient.
Table 2-6-3-1 shows the number of requests made for legal assistance in investigations over the last 10 years. In Japan both the public prosecutors office and the police, etc. can request legal assistance in an investigation.
Table 2-6-3-1 Number of requests made for legal assistance in investigations (2002-2011)
