Japan Compliance

Legal Insights for Business Professionals

Can Recorded Interrogations Be Used as Evidence in Japanese Courts? The Debate Over Admissibility for Substance and Credibility

A significant reform in Japanese criminal procedure was the introduction in Heisei 28 (2016) of mandatory audio and video recording of suspect interrogations (取調べの録音・録画, torishirabe no rokuon-rokuga) for certain types of serious cases, such as those tried under the lay judge system (saiban-in seido, 裁判員制度) or those investigated by
7 min read

How are Witnesses Protected in Japanese Criminal Trials? Measures for Safety, Anonymity, and Reducing Testimonial Burden

The testimony of witnesses is a cornerstone of any criminal justice system, providing crucial information for uncovering the truth and ensuring fair judgments. In Japan, particularly with the introduction of the lay judge system (saiban-in seido, 裁判員制度), which involves citizen participation in serious criminal trials, the emphasis on direct oral
11 min read

Can Lawyers Use Laptops and Smartphones During Client Meetings in Japanese Detention Centers? Understanding the Rules for Electronic Devices in Legal Consultations (Sekken)

In an increasingly digital world, electronic devices like laptops, tablets, and smartphones are indispensable tools for legal professionals. They facilitate research, document management, evidence review, and communication. However, when an attorney needs to consult with a client detained in a Japanese correctional or detention facility, the use of these devices
8 min read

How Do Japanese Authorities Investigate Cybercrime? Navigating Remote Access, Data Seizure, and Cross-Border Server Issues

The digital age has brought unprecedented connectivity and convenience, but it has also opened new frontiers for criminal activity. Cybercrime, ranging from unauthorized access and data theft to online fraud and the distribution of illicit materials, poses unique challenges to law enforcement agencies worldwide. In Japan, a technologically advanced nation,
9 min read

Can Japanese Investigators Use Deception to Collect Evidence Like DNA? Exploring the Boundaries of "Tricks" (偽計 - Gikei) in Criminal Procedure

In the complex dance of criminal investigation, law enforcement agencies sometimes resort to tactics that involve an element of trickery or deception—known in Japanese legal parlance as gikei (偽計). Such methods, while potentially effective in uncovering crucial evidence, invariably tread a fine line, raising significant questions about individual rights,
9 min read

Is Warrantless GPS Tracking by Japanese Police Legal? Understanding the Supreme Court's Stance and Future Legislation

The proliferation of GPS technology has revolutionized many aspects of life, including law enforcement. Around the globe, police agencies have increasingly turned to GPS devices to monitor suspects' movements, gather intelligence, and solve crimes. However, this powerful tool also raises profound questions about individual privacy and the permissible limits
9 min read
Future Price Not a "Material Particular" for Non-Disclosure Cancellation: Japan's Supreme Court on Gold Futures and Consumer Contracts

Future Price Not a "Material Particular" for Non-Disclosure Cancellation: Japan's Supreme Court on Gold Futures and Consumer Contracts

Judgment Date: March 30, 2010 Commodity futures trading is an inherently risky endeavor, with the potential for substantial profits or devastating losses based on volatile price movements. When consumers engage in such transactions, what level of disclosure can they expect from their brokers regarding potential future price changes? And if
8 min read