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Police
Arrest and Detention
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Arrest and Detention
The following table summarizes arrest and detention procedures for criminal cases in Japan
(1)Following questioning, suspects may be arrested and detained for 48 hours by the police on suspicion of having committed a crime. At the conclusion of this 48-hour period, suspects will be released or the case transferred to the prosecutor’s office.
(2)The prosecutor’s office must complete questioning within 24 hours (a total of 72 hours from the time of arrest) before either releasing suspects, or applying (to a judge) for a detention order.
(3)On receiving an application for detention, the judge must promptly issue a detention order. However, if further detention is deemed unnecessary, the judge must order the immediate release of the suspect. According to Article 208 of the Criminal Procedure Law, a suspect may be detained for up to 10 days. However, in unavoidable circumstances the prosecutor may apply for an extension of up to 10 days (a total of 20 days).
(4)The prosecutor’s office thus has a maximum of 20 days (23 days from arrest) to investigate the alleged crime and either release or request formal indictment of the basis thereof. If the suspect is charged while in custody, it is possible to request bail.
(5)Suspects must be informed of their right to request legal advice ( >> Lawyers) at the time of their arrest.
Local Bar Associations ( >> Lawyers) have a 24-hour on-duty lawyer system, and may be contacted by suspects through the police, prosecutor, or judge. The first session is free of charge, but further sessions will be billed. For suspects unable to afford legal advice, assistance is available from the Japanese Legal Aid Association.
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