Japan Compliance

Beyond the commission of a prohibited act and its unlawfulness, a crucial pillar for establishing criminal liability in Japan is the subjective state of mind of the actor. This internal, or mental, element is often referred to by the Latin term mens rea ("guilty mind") in common law

In criminal law, liability is typically attached to the person who directly commits the prohibited act. However, what happens when an individual masterminds a crime but uses another person to carry out the physical actions? Japanese criminal law addresses this scenario through the concept of indirect perpetration (間接正犯, Kansetsu Seihan)

In any legal system, establishing a causal link between a defendant's act and a prohibited result is a fundamental requirement for imposing criminal liability for "result crimes" (結果犯, kekka-han)—offenses where the law punishes the causing of a specific outcome, such as death in homicide or

In most legal systems, criminal liability is typically associated with affirmative, wrongful actions—what one does. However, the question of whether one can be held criminally responsible for what one fails to do is a more complex area of law. Japanese criminal law, while primarily focused on crimes of commission

For international businesses, understanding the nuances of criminal liability in foreign jurisdictions is a critical aspect of risk management. In Japan, the question of whether a corporation can be held criminally liable for the actions of its employees is particularly pertinent. While the traditional view in many legal systems, including

Navigating the complexities of any foreign legal system requires a foundational understanding of its core tenets. For businesses and legal professionals interacting with Japan, grasping how criminal liability is structured is crucial. Unlike the more direct "actus reus + mens rea" formulation familiar in many common law jurisdictions, Japanese

The principle of nullum crimen, nulla poena sine lege – "no crime, no punishment without law" – is a cornerstone of modern criminal justice systems worldwide, serving as a fundamental safeguard for individual liberty against arbitrary state power. In Japan, this doctrine, known as Zai Kei Hōtei Shugi (罪刑法定主義), is

Understanding the foundational principles of a country's criminal justice system is paramount for any business operating within its jurisdiction. For companies in Japan, or those engaging with Japanese counterparts, a grasp of the core philosophies underpinning Japanese criminal law is not just an academic exercise but a practical

Businesses operating in Japan may, at times, encounter challenges stemming from the actions or inactions of Japanese government agencies. These can range from unfavorable administrative decisions and regulatory hurdles to damages caused by official conduct or losses incurred due to lawful public projects. Fortunately, Japan's legal system provides

When a business in Japan believes an administrative agency's decision or action is unlawful and harmful to its interests, the ability to challenge that action in court is not automatic. A critical threshold requirement for initiating "revocation litigation" (取消訴訟 - torikeshi soshō)—the primary means of

When a business in Japan believes it has been wronged by an action taken by a government agency, the path to judicial review is not always straightforward. Before a Japanese court will even consider the merits of a claim seeking to overturn an agency's decision through "revocation

When businesses engage with government entities in Japan, they step into a legal realm where a foundational, though evolving, distinction between "public law" (公法 - kōhō) and "private law" (私法 - shihō) can influence the applicable rules, the nature of their legal relationships, and the avenues

Businesses operating in Japan sometimes face situations where challenging a past administrative decision through revocation litigation isn't enough. What if an administrative agency unlawfully refuses to issue a necessary permit, fails to take action against a competitor's illegal activities, or is about to make an illegal

For businesses operating in Japan, interactions with administrative agencies are a common occurrence, ranging from applying for licenses and permits to complying with regulations and, occasionally, facing adverse actions. The Administrative Procedure Act (行政手続法 - Gyōsei Tetsuzuki Hō, hereinafter "APA"), enacted in 1993 and subsequently amended, stands as

Administrative plans (行政計画 - gyōsei keikaku) are a fundamental instrument of governance in Japan, profoundly shaping urban development, land use, infrastructure, environmental protection, and various sectors of the economy. For businesses involved in real estate, construction, or those simply making strategic decisions about facility locations and operational scope, understanding these

When businesses operate in any jurisdiction, compliance with administrative laws and obligations imposed by government agencies is a fundamental requirement. In Japan, when such obligations are not met, administrative authorities possess a range of tools known as "Administrative Compulsory Measures" (行政上の強制措置 - Gyōseijō no Kyōsei Sochi) to enforce

Businesses operating in Japan frequently interact with various forms of public property—from relying on public roads for logistics and employee commutes, to utilizing public utilities that run under or over public land, to potentially seeking to use public spaces for events or setting up shop within government-managed facilities. The

Engaging in contractual relationships with government entities in Japan—whether for providing goods and services, participating in public projects, or collaborating on policy objectives—is a significant aspect of the business landscape. These agreements, broadly termed "administrative contracts" (行政契約 - gyōsei keiyaku), operate under a legal framework that,

For any business operating within Japan's sophisticated regulatory environment, understanding the foundational principles that govern administrative actions is paramount. One such cornerstone is the "Principle of Administration by Law" (法律による行政の原理 - Hōritsu ni yoru Gyōsei no Genri). This principle, deeply rooted in Japan's constitutional

For any business, domestic or foreign, seeking to operate or expand in Japan, a thorough understanding of the country's permit and license system—collectively known as kyoninka gyōsei (許認可行政)—is indispensable. This system governs a vast array of economic and social activities, and successfully navigating its intricacies is

When businesses in Japan encounter administrative decisions—such as the denial of a permit, the imposition of a sanction, or an unfavorable tax assessment—the immediate thought might be to consider court litigation. However, Japan offers a significant, often more accessible, and sometimes mandatory preliminary route for redress: the Administrative

Businesses operating in Japan may encounter situations where perfectly lawful actions by government entities—such as land acquisition for public works, zoning changes, or the imposition of land-use regulations—can significantly impact their property rights and business operations. Unlike damages arising from unlawful governmental acts, which are covered by the

When businesses or individuals suffer harm as a result of the actions (or inactions) of public officials, or due to defects in public infrastructure in Japan, a crucial legal avenue for seeking monetary redress is provided by the State Redress Act (国家賠償法 - Kokka Baishō Hō). This Act, underpinned by