Japan Compliance

When a Lie Becomes a Crime: Japan's Landmark Case on Lying for an Arrested Friend

Imagine the police are questioning you about a friend who has been arrested for a serious crime. Out of loyalty or fear, you tell them a lie—a fabricated alibi designed to cast doubt on your friend's involvement. In many legal systems, lying to the police during an

The Scapegoat Gambit: A Japanese Supreme Court Ruling on Aiding an Arrested Criminal's Escape

It's a classic trope of crime fiction: to save the boss, a loyal underling agrees to "take the fall." This "scapegoat" (migawari) walks into a police station and confesses to a crime they did not commit, hoping to exonerate the real perpetrator who is

Memory vs. Truth: How Japan's High Court Defined Perjury Over a Century Ago

When a witness takes the stand in a court of law, they swear an oath to tell the truth. But what, precisely, is the "truth" that a witness is bound to tell? Is it the objective, factual reality of what happened? Or is it the honest, subjective contents

The Witness as Evidence: How Japan's High Court Ruled on the Crime of Hiding a Witness

What is "evidence" in a criminal case? The term typically conjures images of physical objects: a weapon, a signed contract, a strand of hair, or a digital file. But what if the most crucial piece of evidence is not a thing, but a person? If a suspect, in

The Definition of a "Criminal": Japan's Landmark Case on the Crime of Harboring

Imagine a friend appears at your door in a panic. They tell you they are wanted by the police for a serious crime, but they swear they are innocent. You, believing them or simply out of loyalty, decide to hide them in your home. By doing so, have you committed

Weaponizing the Law: How a Fake Lease Became a Criminal Obstruction of a Court Auction

A court-supervised foreclosure auction is intended to be a fair, transparent, and orderly process. It is a fundamental mechanism of civil justice, designed to satisfy debts while ensuring the highest possible price for a property through open competition. But what if a party attempts to sabotage this process not with

The Long Reach of Obstruction: When an Attack on a Private Citizen is a Crime Against the State

The crime of Obstruction of Performance of Public Duty is designed to protect the very functioning of the state. It ensures that public officials, from police officers to court bailiffs, can carry out their lawful responsibilities without being hindered by violence or threats. But what are the limits of this

The Meeting's Over, But the Duty Isn't: A Japanese Ruling on Obstructing a Public Official

Imagine a contentious public meeting that descends into chaos. The chairman, unable to proceed, pounds the gavel and declares a recess. The formal proceedings have stopped. If angry protestors then physically assault the chairman as he attempts to leave the room, can they be found guilty of "Obstruction of

Resisting a Mistaken Arrest: A Japanese Supreme Court Ruling on "Lawful" Police Actions

Imagine a chaotic scene on the street. Police are making an arrest, and in the confusion, they attempt to arrest a second person who you believe is an innocent bystander. If that person resists, are they committing a crime? Or consider a more personal scenario: you are being arrested by

Order in the Assembly: How Japan's High Court Defined "Lawful" Public Duty

[cite_start]The crime of Obstruction of Performance of Public Duty exists to protect the smooth functioning of the state. [cite_start]It is a bedrock principle that citizens cannot use violence or intimidation to prevent public officials from carrying out their lawful responsibilities. But what if the official'

When Does a Cop's Illegal Act Become 'Abuse of Authority'? Japan's Wiretapping Case

The concept of "abuse of power" is central to the rule of law. We grant public officials special authority to perform their duties, but we also create laws to punish them when they misuse that power. But what is the legal definition of "abusing" one'

The Politician, the Regulator, and the Bribe: How Japan's High Court Defined 'Improper' Influence

In the complex interplay between government and industry, the line between legitimate advocacy and criminal influence peddling can be perilously thin. A company facing regulatory action might naturally seek the help of a politician to make its case. But when does that politician's intervention, especially when accompanied by

The Long Shadow of a Bribe: How Japan's High Court Ruled on Paying an Official for a Past Job

In the world of government relations, a "thank you" for a past favor is a common courtesy. But when that "thank you" takes the form of a cash payment to a public official, the law must ask a difficult question: is it an innocent gesture of

The Mayor's Next Term: How Japan's High Court Ruled on Bribes for Post-Re-Election Favors

The intersection of politics and public service often creates complex legal questions, especially in the realm of anti-corruption law. Consider an incumbent politician running for re-election. They wield the power of their current office while simultaneously making promises about what they will do in their next term. If that politician

Power, Planes, and Public Duty: How Japan's Supreme Court Defined Bribery at the Highest Level

What are the official duties of a nation's prime minister? The question is vast, touching upon everything from constitutional authority to political influence. But in the context of criminal law, the answer can be critical. If a company bribes a prime minister to use their influence over a

The Insider's Edge: How Japan's High Court Ruled on Bribery for Advice and Leaks

The classic case of bribery involves paying a public official to make a specific, favorable decision. But corruption is often more subtle. What if an official is paid not for a final vote, but for "off-the-record" help along the way? Can providing an applicant with inside information, preliminary

The Long Arm of the Law: How Japan's High Court Expanded the Scope of Bribery

The crime of bribery is commonly understood as paying a public official to influence a decision they directly control. But what if the official has no direct authority over the matter in question? If a person pays a police officer assigned to Precinct A to influence an investigation happening across

When is a 'Thank You' a Bribe? Japan's Landmark Case on Gifts to Public School Teachers

In many cultures, giving gifts is a deeply ingrained way to express gratitude, respect, or goodwill. This is particularly true in Japan, where seasonal and situational gift-giving, or zōtō, has long been a part of the social fabric. But what happens when this custom intersects with the strict laws against

Fair Market Value, Foul Play: How Japan's High Court Redefined Bribery

What is a bribe? The classic image is a bag of cash or an extravagant gift given to a public official in exchange for a favor. But what if the transaction is more subtle? Can a seemingly legitimate business deal, conducted at a fair market price, still constitute a criminal

The Server is Overseas, But the Crime is in Japan: A Landmark Ruling on Cyber-Pornography

The borderless nature of the internet poses a profound challenge to legal systems built on territorial jurisdiction. If a website hosted on a server in the United States provides illegal content to a user in Japan, where does the crime occur? Who is the responsible party—the operator who set

The Trial of 'Yojōhan': Japan's Landmark Case on Literature and Obscenity Law

The line between protected artistic expression and illegal obscenity has long been one of the most contentious areas of law in free societies. Where does a community draw the boundary between literature that explores human sexuality and pornography that merely appeals to prurient interest? This question was put directly to

In Your Pocket, But Not in Use: How Japan's High Court Defined the Crime of Using a Forged Document

Imagine a person is carrying a fake ID in their wallet. Are they committing a crime simply by walking down the street with it? This question becomes even more pointed in the context of driving a car. The law requires a driver to carry their license at all times. If

The Rogue Agent and the Promissory Note: Japan's Landmark Forgery Case

In the world of corporate governance, the authority to bind a company financially is a potent and carefully controlled power. Employees and managers are often granted the ability to act on behalf of their organization—signing contracts, issuing checks, or creating promissory notes—but this authority is almost always subject

Can You Consent to Forgery? A Japanese Supreme Court Ruling on Signing a Friend's Name

Imagine a friend asks you to sign a document on their behalf. With their full knowledge and permission, you sign their name. In most everyday situations, this is a perfectly acceptable and legal act of agency. But what if the document is not a simple letter or contract, but a

How to Forge a Document Without Lying About the Author's Name: Japan's 'Fake IDP' Case

Imagine a private company begins printing and selling documents that are nearly identical in appearance to an official government-issued credential, like a passport or a driver's license. Now, imagine you are an employee of that company, and you have the company's full permission to create these