Japan Compliance

A Landmark Japanese Supreme Court Ruling on Criminal Omissions: The 1976 "Hit-and-Run" Case

On September 22, 1976, the Grand Bench of the Supreme Court of Japan delivered a seminal judgment in a case concerning a fatal hit-and-run incident. The decision, officially known as the "Case of Professional Negligence Causing Death and Violation of the Road Traffic Act," fundamentally reshaped the understanding

A Line and a Point: How Japan's Supreme Court Defined a "Single Act" in a Landmark Drunk Driving Case

When a single course of conduct violates multiple laws, how should the legal system respond? Should it be treated as one composite crime or as several distinct offenses to be punished separately? This fundamental question of criminal law—known in Japan as the theory of the number of crimes—was

Unlawful Confinement and Extortion: A Landmark Japanese Supreme Court Decision on Connected Crimes

When a criminal act is committed as a stepping stone to another, does the law view it as a single, unified crime or as two separate offenses to be punished cumulatively? This fundamental question in criminal law was at the heart of a landmark decision by the Supreme Court of

The Anonymous Crowd as a Single Victim: How Japan's Supreme Court Redefined Fraud

On March 17, 2010, the Supreme Court of Japan delivered a landmark decision that fundamentally reshaped the understanding of fraud in the modern era. The case involved a large-scale street fundraising scam where thousands of anonymous passersby were duped into donating small amounts of money. This raised a critical legal

A Reign of Terror as a Single Crime: Japan's Supreme Court on Continuous Assault

On March 17, 2014, the Supreme Court of Japan issued a decision that provided critical clarity on how the legal system should treat prolonged, horrific acts of violence. The case, involving multiple charges including homicide, bodily injury resulting in death, and abandonment of a corpse, presented a complex question regarding

Unpacking the "Single Offense" Doctrine in Japanese Criminal Law: A Landmark 1949 Supreme Court Ruling on Theft

On July 23, 1949, the Supreme Court of Japan delivered a judgment that, while centered on a seemingly straightforward case of theft, would become a cornerstone in the nation's criminal law jurisprudence. The case, Saotome v. Japan (1949 (Re) No. 297), forced the judiciary to grapple with a

The Unpunished Client: A 1968 Supreme Court Ruling on Complicity and the Attorney Act

Case Title: Bengoshi-hō Ihan, Dō-kyōsa, Kyōkatsu, Settō Hikoku Jiken (Case Concerning Violation of the Attorney Act, Instigation thereof, Extortion, and Theft) Court: Supreme Court of Japan, Third Petty Bench Date of Judgment: December 24, 1968 Case Number: 1967 (A) No. 1988 Introduction: When Hiring Someone to Break the Law Isn&

Self-Defense vs. Retaliation: A 1994 Japanese Supreme Court Ruling on Group Altercations

Case Title: Shōgai Hikoku Jiken (Case Concerning Bodily Injury) Court: Supreme Court of Japan, Third Petty Bench Date of Judgment: December 6, 1994 Case Number: 1990 (A) No. 335 Introduction: The Line Between Defense and Aggression in Group Violence Group altercations present some of the most challenging scenarios in criminal

The Point of No Return, Revisited: Japan's 2009 Ruling on Pre-Commencement Withdrawal from a Conspiracy

Case Title: Jūkyo Shinnyū, Gōtō Chishō Hikoku Jiken (Case Concerning Trespass, Robbery Resulting in Injury) Court: Supreme Court of Japan, Third Petty Bench Date of Judgment: June 30, 2009 Case Number: 2007 (A) No. 1580 Introduction: Redefining the Exit from a Criminal Plan What does it truly take to walk

The Point of No Return: A Japanese Supreme Court Ruling on Withdrawing from a Joint Crime

Case Title: Shōgai Chishi, Shitaiiki Hikoku Jiken (Case Concerning Resulting Death by Bodily Injury, Abandonment of a Corpse) Court: Supreme Court of Japan, First Petty Bench Date of Judgment: June 26, 1989 Case Number: 1988 (A) No. 948 Introduction: Walking Away Is Not Enough In the realm of criminal law,

Complicity and Status: A Deep Dive into Japan's 1957 Embezzlement Ruling

Case Title: Gyōmu-jō Ōryō Hikoku Jiken (Case Concerning Embezzlement in the Course of Business) Court: Supreme Court of Japan, Third Petty Bench Date of Judgment: November 19, 1957 Case Number: 1955 (A) No. 3640 Introduction: The Intricacies of Complicity in Japanese Law In criminal law, the question of how to

Purpose, Status, and Guilt: Japan's Supreme Court on Complicity in Status Crimes

Case: The Supreme Court of Japan, Third Petty Bench, Case No. 1966 (A) 1651 Decision Date: March 7, 1967 In a foundational 1967 ruling on the law of complicity, the Supreme Court of Japan provided a decisive answer to a complex question: when a person without a particular criminal motive

Shared Plan, Different Crimes: The 1979 Ruling on "Excess of Complicity"

Case: The Supreme Court of Japan, First Petty Bench, Case No. 1978 (A) 2113 Decision Date: April 13, 1979 In a pivotal 1979 decision, the Supreme Court of Japan addressed a classic problem in criminal law: when a group conspires to commit a crime, but one member independently escalates the

A Broken Chain: Japan’s Supreme Court on Causation and Mistake in Criminal Instigation

Case: The Supreme Court of Japan, Third Petty Bench, Case No. 1949 (Re) 3030 Decision Date: July 11, 1950 In a seminal 1950 ruling that continues to shape the understanding of complicity in Japanese criminal law, the Supreme Court of Japan addressed two fundamental questions that arise when a criminal

Joint Crime, Individual Defenses: Japan's Supreme Court on Co-Principals and Self-Defense

Case: The Supreme Court of Japan, Second Petty Bench, Case No. 1990 (A) 788 Decision Date: June 5, 1992 In a foundational decision clarifying the principles of complicity in Japanese criminal law, the Supreme Court of Japan addressed a critical question: when one participant in a joint crime acts in

The Winny Decision: Japan's Supreme Court on Aiding and Abetting in the Digital Age

Case: The Supreme Court of Japan, Third Petty Bench, Case No. 2009 (A) 1900 Decision Date: December 19, 2011 In a landmark decision that has had profound implications for technology development and intellectual property law in Japan, the nation's Supreme Court acquitted the developer of a peer-to-peer (P2P)

The Chain of Complicity: Japan's Supreme Court on "Aiding an Aider"

Decision Date: July 17, 1969 Case Number: 1968 (A) No. 1889 Court: Supreme Court of Japan, First Petty Bench Introduction Accomplice liability is a cornerstone of criminal law, ensuring that those who assist in a crime are also held accountable. But how far does this chain of responsibility extend? Is

Silence as a Sword: A Deep Dive into Japan's Supreme Court Ruling on Accomplice Liability in Dangerous Driving

Decision Date: April 15, 2013 Case Number: 2011 (A) No. 2249 Court: Supreme Court of Japan, Third Petty Bench Introduction In the realm of criminal law, the line between a passive bystander and an active accomplice can often be razor-thin. While providing a weapon or driving a getaway car are

The Meaning of Instigation: A 2006 Supreme Court Ruling on Crystallizing Criminal Intent

Decision of the Third Petty Bench of the Supreme Court of Japan, November 21, 2006 (Case No. 2005 (A) No. 302: Case of Corporate Tax Law Violation and Instigation of Evidence Tampering) Introduction On November 21, 2006, the Supreme Court of Japan issued a pivotal decision clarifying the legal definition

Successive Co-Principalship in Fraud: A 2017 Supreme Court Ruling on the Liability of Late-Joining Accomplices

Decision of the Third Petty Bench of the Supreme Court of Japan, December 11, 2017 (Case No. 2017 (A) No. 1079: Case of Attempted Fraud) Introduction In a decision dated December 11, 2017, the Supreme Court of Japan provided a definitive answer to a critical legal question arising from the

Successive Co-Principalship: A Landmark 2012 Supreme Court Decision on Causality and Criminal Liability

Decision of the Second Petty Bench of the Supreme Court of Japan, November 6, 2012 (Case No. 2012 (A) No. 23: Case of Bodily Injury, Robbery, etc.) Introduction On November 6, 2012, the Supreme Court of Japan delivered a groundbreaking decision that fundamentally reshaped a long-standing debate in Japanese criminal

Co-Principals in Preparation: A Landmark 1962 Supreme Court Decision on Liability for Preparatory Crimes

Decision of the First Petty Bench of the Supreme Court of Japan, November 8, 1962 (Case No. 1962 (A) No. 88: Case of Preparing for Homicide) Introduction On November 8, 1962, the Supreme Court of Japan issued a terse yet profoundly influential decision that reshaped the understanding of criminal liability

The Akashi Pedestrian Bridge Accident: A Supreme Court Ruling on Co-Principalship in Negligence

Decision of the Third Petty Bench of the Supreme Court of Japan, July 12, 2016 (Case No. 2014 (A) No. 747: Case of Professional Negligence Resulting in Death and Injury) Introduction On July 12, 2016, the Supreme Court of Japan delivered a significant decision concerning the legal concept of "

The Master of the Crime: A Japanese Supreme Court Ruling on the Line Between Aiding and Perpetrating

In any criminal enterprise, participants play different roles. Some plan, some finance, and others execute. This raises a fundamental question for the law: who is a principal perpetrator, bearing full responsibility for the crime, and who is a mere "helper" or accessory, whose culpability is lesser? On July

The Silent Conspiracy: How a Yakuza Boss Was Convicted Without Giving an Order

Can a leader be held fully responsible for a crime committed by his subordinates if he never gave a direct order? If a powerful boss knowingly and silently accepts the illegal acts of his underlings—acts carried out for his exclusive benefit—is he as guilty as they are? This