Japan Compliance

Deceiving the Court: A Japanese Ruling on the Limits of Litigation Fraud

Can you commit fraud by tricking a court? The concept of "litigation fraud"—using lies, forged evidence, or false testimony to obtain a favorable judgment and thereby take property from an opponent—is a recognized crime in many legal systems. In Japan, it is typically prosecuted under the

The Friendly Fraud? A Japanese Ruling on Using a Credit Card with Permission

Imagine a common scenario: a friend hands you their credit card and asks you to pick up something for them at the store. You go to the checkout, present your friend's card, and sign their name on the receipt. You've acted with your friend's

The Art of the Dine-and-Dash: A Japanese Ruling on the Anatomy of Fraud

A person walks into a fine restaurant with no money and no intention of paying. They enjoy a lavish meal over several days, running up a large bill. When the time comes to settle the account, they tell the staff they are just stepping outside to see a friend off,

How to Steal Your Own Money: A Japanese Ruling on Fraud and Mistaken Bank Transfers

Imagine checking your bank account and discovering that a large sum of money has been deposited by mistake. You know it's not yours, but it's sitting in your account. Under the principles of banking law, the funds are now legally part of your account balance, and

The Gangster on the Green: A Japanese Ruling on the Limits of Fraud by Omission

Imagine a business, such as an exclusive country club, has a clear and prominently displayed policy prohibiting members of criminal organizations from using its facilities. A known gang member, aware of this policy, walks in, signs the guest ledger with his real name, plays a round of golf, and pays

The Imposter Passenger: A Japanese Ruling on Fraud without Financial Loss

Can you commit fraud if your victim doesn't lose any money? Imagine a person uses a clever lie to obtain a service or a valuable document from a company. The company has been paid in full, and in the end, it suffers no direct financial loss. Has a

Fraud by Punctuality? A Japanese Ruling on the Crime of Getting Paid Too Soon

Imagine a contractor has completed a project and is legally entitled to a large payment from a client. To pass the final inspection and get that payment now, rather than waiting weeks or months for a full review of a minor issue, the contractor submits some forged paperwork. They receive

The Price of a Lie: A Japanese Ruling on Fraud and "Equivalent Value"

Imagine you are tricked by a salesperson's elaborate lies into buying a product. You later discover the product's purported special qualities are entirely fabricated. However, you also learn that you paid the standard market price for the item—no more, no less. In a simple accounting

A Crime Against the Nation or its Wallet? A Japanese Ruling on Fraud and Public Policy

Imagine a person lies on a government application to receive a benefit they are not entitled to—for example, agricultural land intended only for active farmers, or a subsidy earmarked for a specific industry. Is this act simply a violation of administrative rules, to be handled by the relevant government

Fraud in the Black Market: A Japanese Ruling on Crime and "Illegal Cause"

Imagine two parties engage in an illegal transaction—a black-market deal, for example, that violates economic control laws. One party uses deception to trick the other into handing over goods without receiving proper payment. Can the defrauded party, who was also participating in an illegal act, be considered a victim

A Crime of Life or Property? A 1929 Japanese Ruling on the Essence of Robbery-Murder

When a robber kills their victim, what defines the completion of the crime? Is it the successful theft of property, or is it the tragic loss of life? Consider two scenarios: In the first, a robber attacks a homeowner, steals their money, but fails to kill them. In the second,

The Thief Who Came Back: A Japanese Ruling on the Time Limit for Robbery

In the eyes of the law, when does a theft end? The question may seem simple, but its answer is critical for a unique Japanese crime known as "post-theft robbery" (jigo gōtō). This provision treats a thief who uses violence or threats to escape arrest, recover stolen goods,

Anatomy of a Botched Heist: How Japan's Supreme Court Redefined a Gangland Robbery

When a criminal transaction unfolds in stages, how should the law treat it? If a thief first steals an item through stealth or deception, and then their accomplice uses violence against the victim moments later to secure their escape, is this one single crime of robbery, or is it a

Robbery Without Theft: A Japanese Ruling on Stealing a Debt

Can you commit robbery without stealing a single physical object? In most legal systems, robbery is defined by the taking of property. However, Japanese law contains a specific provision for "robbery of a thing of value" or "robbery for a pecuniary gain," which criminalizes the use

"Sufficient to Suppress Resistance": How Japan's Top Court Defined Robbery in 1948

What is the precise line that separates the grave crime of robbery from the lesser offenses of extortion or theft? Is it the weapon used? The words spoken? Or is it the victim's state of mind? Imagine a person is threatened with a weapon and, overcome with fear,

The Creeping Usurpation: A Japanese Ruling on Stealing Land You Already Occupy

In property law, a tenant who refuses to leave after their lease expires is typically considered a "holdover," a matter for civil eviction proceedings. But what if that holdover tenant takes things a step further? What if they begin to build a new, permanent concrete structure on the

The Usurped Wasteland: A Japanese Ruling on Stealing Land You Already Occupy

How do you "steal" something that cannot be moved, like a parcel of land? While the common law tradition often handles such matters through civil torts like trespass, Japanese criminal law contains a specific felony: "usurpation of real property" (fudōsan shindatsu-zai). This crime, analogous to theft,

When Family Isn't Family: A Japanese Ruling on Guardians, Trust, and a Limit to the 'Relative Theft' Doctrine

In Japan, a unique legal doctrine known as "relative theft" (shinzoku sōtō-rei) holds that certain property crimes committed between close family members are exempt from punishment. Based on the long-standing principle that "the law does not enter the home," this provision reflects a state policy of

Joyriding as Grand Theft Auto? A Japanese Ruling on 'Temporary Use' and Theft

If you "borrow" a neighbor's bicycle without asking for a quick trip to the store and then promptly return it, have you committed a crime? What if it's not a bicycle, but their brand-new car, and you take it for a multi-hour joyride through

Theft with Intent to Destroy: A Japanese Ruling on the Mind of a Thief

Imagine a person steals a sensitive document. Their goal is not to read it, sell it, or use it for blackmail. Instead, their plan is to destroy it immediately, perhaps to erase a debt, prevent a lawsuit, or hide evidence of another crime. Is this act theft or fraud, which

The Lookout's Winnings: A Japanese Ruling on the Scope of Theft in a Conspiracy

Imagine a casino heist. A team conspires to cheat at the slot machines. One member, the technician, uses a device to force a machine to pay out jackpots. Another member, the lookout, sits at an adjacent machine and plays normally, acting as a "wall" to block the view

The Possession of the Deceased: A Japanese Ruling on Theft from a Murder Victim

When a person dies, what happens to the property on their person? From a legal standpoint, can a corpse "possess" anything? This macabre but legally crucial question was at the center of a landmark decision by the Supreme Court of Japan on April 8, 1966. The case concerned

The 27-Meter Question: How Japan's Supreme Court Distinguishes Theft from Finding Lost Property

Imagine you are sitting on a park bench, deep in conversation with a friend. When you get up to leave, you inadvertently leave your bag behind. A person who was watching you waits for you to get a short distance away and then snatches it. Are they a thief who

Theft of Your Own Property? A Japanese Ruling on Possession, Ownership, and Self-Help

Can you be convicted of stealing something that you legally own? This question, which challenges the common-sense understanding of theft, lies at the heart of a fundamental debate in property law: does the crime of theft protect legal ownership, or does it protect the simple, factual state of peaceful possession?

Deceiving a Machine: How Japan's 'Magic Phone' Case Redefined Business Obstruction

In an increasingly automated world, where we interact more with machines than with people to get services, a fundamental legal question arises: can you deceive a machine? More specifically, can tricking an automated system to get a service for free constitute the crime of "obstruction of business by fraudulent