Japan Compliance

Force, Flaws, and Protectability: Japan's Supreme Court on the Shinjuku Walkway Standoff

What happens when a public works project clashes with civil protest? When a city government's plan to redevelop a public space meets the resistance of those who occupy it, a host of complex legal questions arise. Is the city's work a "coercive public duty,"

When is a Public Duty Just 'Business'? A Landmark Japanese Ruling on Obstruction

Imagine a person deliberately disrupting a government function—not with violence, but with stubborn non-cooperation, shouting, and delay tactics. Does this amount to the serious crime of "Obstruction of Performance of Public Duty," which requires assault or intimidation, or can it be prosecuted under the broader, more flexible

Can You Insult a Corporation? A Deep Dive into a Landmark Japanese Supreme Court Ruling

Can a corporation—an entity of legal fiction without consciousness or feelings—be the victim of the crime of "insult"? This question, which probes the very nature of reputation and the purpose of laws designed to protect it, was the subject of a pivotal, though deeply divided, decision

The Honest Mistake: How Japan's Supreme Court Revolutionized Defamation Law

Imagine you are a journalist who has received credible, detailed information from a reliable source about corruption by a public figure. You have documents and testimony that lead you to believe the story is true. You publish it. However, when you are sued for defamation, you find you cannot prove

When Private Lives Become Public Interest: A Landmark Japanese Defamation Ruling

Where does the public's right to know end and an individual's right to privacy begin? Can a newspaper or magazine publish details about a person's private life, especially a sexual scandal, and defend it as a matter of "public interest"? This critical

The Spoken Word as a Public Act: How Japan's "Theory of Propagation" Defines Defamation

In the law of defamation, the element of "publicity" is paramount. A defamatory statement must be made "publicly" to be a crime. But what does "publicly" mean? Does it require a large crowd, a broadcast, or a published article? What if a damaging statement

Trespass in Plain Sight: A Japanese Ruling on Entering Public Spaces with Criminal Intent

Can a person commit criminal trespass by simply walking through the open doors of a business during business hours? On the surface, the act seems innocuous, identical to that of any legitimate customer. However, if that person harbors a hidden criminal intent, does the very act of entry become a

Freedom of Speech vs. The Right to Privacy: Japan's Supreme Court on Trespass in Residential Buildings

Does the constitutional right to freedom of expression, such as distributing political flyers, grant a person the right to enter a private apartment building against the explicit wishes of its residents? This question, pitting a fundamental democratic right against the equally fundamental rights to property and privacy, was at the

The Invisible Gate: How Japan's Supreme Court Defined Trespass by Inferring Intent

What constitutes a criminal trespass? The answer might seem simple: entering a property after climbing a fence or breaking a lock. But what if the gate is unlocked, the door is open, and no "Keep Out" sign is in sight? Can entering a building under such circumstances still

When the Crime Continues: Japan's Supreme Court on Injuries Caused While Fleeing a Sexual Assault

In the complex realm of criminal law, defining the precise moment a crime ends can be as crucial as defining when it begins. This is particularly true for "result-qualified crimes," where a base offense is punished more severely because it leads to a graver outcome, such as injury

Intent vs. Harm: How Japan's Supreme Court Redefined Forcible Indecency in a Landmark 2017 Ruling

On November 29, 2017, the Grand Bench of the Supreme Court of Japan delivered a judgment that fundamentally reshaped the country's legal landscape concerning sexual offenses. The decision, arising from a case of child sexual abuse, addressed a critical question that had been governed by a nearly 50-year-old

Who Cares? Japan's Supreme Court Defines the "Concerned Person" in Corporate Kidnapping

Case Title: Case of Kidnapping for Ransom, etc. Court: Supreme Court of Japan, Second Petty Bench Decision Date: March 24, 1987 Introduction The crime of kidnapping for ransom has evolved over time. What once primarily targeted the families of the wealthy has expanded to include a more modern and complex

When a Parent Becomes a Kidnapper: Japan's Supreme Court Tackles Parental Child Abduction

Case Title: Case of Kidnapping of a Minor Court: Supreme Court of Japan, Second Petty Bench Decision Date: December 6, 2005 Introduction The abduction of a child is one of the most emotionally charged issues in criminal law. But what happens when the perpetrator is not a stranger, but one

Context is King: How a "Get-Well Card" Became an Arson Threat in Japanese Law

Case Title: Case of Intimidation Court: Supreme Court of Japan, Second Petty Bench Decision Date: March 18, 1960 Introduction Words can be comforting, but they can also be weapons. A seemingly innocent phrase can, in the right circumstances, carry a menacing undertone that crosses the line into a criminal threat.

A Fine Line Between Tragedy and Crime: Japan's Supreme Court Defines Criminal Neglect

Case Title: Case of Abandonment by a Person Responsible for Protection Causing Death (Alternative Count: Gross Negligence Causing Death) Court: Supreme Court of Japan, Second Petty Bench Decision Date: March 19, 2018 Introduction Cases of fatal child neglect are among the most difficult and heart-wrenching in any legal system. They

A Duty to Protect: How a Doctor's Illegal Abortion Led to a Homicide Conviction in Japan

Case Title: Case of Professional Abortion, Abandonment by a Person Responsible for Protection Causing Death, and Abandonment of a Corpse Court: Supreme Court of Japan, Third Petty Bench Decision Date: January 19, 1988 Introduction Under what circumstances does one person have an affirmative legal duty to save another's

Anatomy of a Riot: How Japan's Supreme Court Defined the Crime of Assembling with Weapons

Case Title: Case of Assembly with Dangerous Weapons Court: Supreme Court of Japan, First Petty Bench Decision Date: December 3, 1970 Introduction The 1960s were a period of intense social and political upheaval in Japan, frequently marked by large-scale student protests that could quickly escalate into violent clashes. This environment

Causation, Confusion, and Complicity: Japan's Supreme Court on Gang Assaults and Homicide

Case Title: Case of Injury, Injury Causing Death Court: Supreme Court of Japan, Third Petty Bench Decision Date: March 24, 2016 Introduction Imagine a chaotic, violent scenario: a victim is attacked by multiple assailants, none of whom are acting in a coordinated conspiracy. The victim tragically dies from a specific

When Sound Becomes a Weapon: Japan's Supreme Court on Injury by Noise Harassment

Case Title: Case of Causing Injury Court: Supreme Court of Japan, Second Petty Bench Decision Date: March 29, 2005 Introduction In an increasingly dense and interconnected world, the nature of harm one person can inflict upon another has evolved. While the classic image of a criminal assault involves physical violence,

Defining "Injury" in Japanese Criminal Law: The 2012 Supreme Court Decision on Drug-Induced Unconsciousness

Case Title: Case of Causing Injury Court: Supreme Court of Japan, Third Petty Bench Decision Date: January 30, 2012 Introduction What constitutes a criminal "injury" under the law? While a physical wound like a cut or a broken bone is straightforward, the legal boundaries become less clear when

Swinging the Sword: How a Threat Becomes a Physical Assault in Japanese Law

Case: Supreme Court of Japan, Third Petty Bench, Decision of January 28, 1964. Case No. (A) 2048 of 1961. Introduction Imagine a small room, barely 80 square feet. An intoxicated man, in a fit of rage, unsheathes a glittering Japanese sword, a katana. He doesn't intend to strike

An Injury Before Birth, A Death After: Japan's Landmark Ruling on Fetal Harm and Homicide

Case: Supreme Court of Japan, Third Petty Bench, Decision of February 29, 1988. Case No. (A) 1555 of 1982. Introduction On February 29, 1988, the Supreme Court of Japan issued a decision in a case that arose from one of the nation's most infamous environmental disasters: the Minamata

Deception, Consent, and Homicide: A Deep Dive into Japan's "Feigned Suicide Pact" Ruling

Case: Supreme Court of Japan, Second Petty Bench, Judgment of November 21, 1958. Case No. (A) 2220 of 1956. Introduction On November 21, 1958, the Supreme Court of Japan delivered a judgment that continues to be a cornerstone in the nation's criminal law jurisprudence, particularly concerning the concepts

One Act, Two Crimes: Japan's Supreme Court on Aiding and Abetting a Criminal Spree

On February 17, 1982, the Supreme Court of Japan delivered a landmark decision that resolved a long-standing puzzle in the law of complicity. The case, involving violations of the Stimulant Control Act, addressed a critical question: If an accomplice performs a single act of assistance that enables principal offenders to

The "Kasugai" Clamp: A 1954 Japanese Supreme Court Ruling on Multiple Murders and a Single Unlawful Entry

On May 27, 1954, the First Petty Bench of the Supreme Court of Japan issued a decision that, despite its seemingly straightforward outcome, affirmed one of the most intellectually challenging and controversial doctrines in Japanese criminal law: the "kasugai" or "clasp" theory. The case involved a