Japan Compliance

If a group of people plots a murder, but only a few of them carry out the actual killing, are the planners sitting miles away as guilty as those who wield the weapons? Can a person be a principal perpetrator of a crime they never physically touched? On May 28,

When a person uses a child to commit a crime, who is the real criminal in the eyes of the law? Is the adult merely an "instigator" who encouraged the child's misdeeds, or are they the principal perpetrator, the true author of the crime itself? This

Can you murder someone by forcing them to kill themselves? Where does the law draw the line between illegally inducing a suicide and committing the crime of murder itself? This dark and complex question was the subject of a major decision by the Supreme Court of Japan on January 20,

Which criminal is more deserving of leniency: the one who begins a robbery but has a change of heart midway through, or the one who prepares for the same robbery, goes to the scene, but gets scared and leaves before ever starting? Intuition suggests the person who stops earlier is

If a person tries to commit murder using a method that seems plausible but ultimately fails because the "dose" was insufficient, have they still committed a crime? Where does the law draw the line between a punishable criminal attempt and a futile, non-criminal act of impossibility? This fundamental

When does a murder attempt begin? If a killer sends a poisoned gift through the mail, is the crime already underway the moment the package is sent, or does the attempt only commence when it lands on the victim's doorstep? This question, concerning crimes committed at a distance

What happens when a meticulously planned murder succeeds, but not in the way the killers intended? If a victim dies from a preliminary step that the perpetrators thought was non-lethal, can they be guilty of completed murder, or only an attempt? And when, in a multi-stage plot, does the crime

In an age of increasingly sophisticated and multi-stage scams, a fundamental legal question arises: at what precise moment does a liar cross the line from mere preparation to a punishable criminal attempt? Is it when they make the final demand for money? Or can the crime begin much earlier, in

When does the act of sexual assault begin? Is it at the moment of a physical sexual attack, or can it be much earlier? This question, which lies at the heart of the legal concept of a criminal attempt, was the subject of a landmark decision by the Supreme Court

In criminal law, the line between merely preparing for a crime and actually beginning to commit it is one of the most critical and debated topics. This boundary, known in Japanese law as the "commencement of execution" (実行の着手 - jikkō no chakushu), determines when a person's

On October 21, 1985, the Supreme Court of Japan issued a decision that, while confirming the criminal conviction of a factory manager in a fatal fire, also laid bare a deep-seated doctrinal debate within Japanese negligence law. The case is pivotal not only for how it defines the scope of

On November 25, 1993, the Supreme Court of Japan delivered a final, decisive judgment in a case that has since become a cornerstone of Japanese law concerning corporate and executive responsibility. The case involved a catastrophic fire at a major hotel in Tokyo, resulting in the tragic deaths of 32

Introduction On April 25, 2005, a horrific tragedy struck the city of Amagasaki, Japan. A seven-car rapid commuter train on the Fukuchiyama Line derailed while entering a curve, smashing into a nearby apartment building. The devastating accident resulted in the deaths of 106 people, including the young driver, and left

Case: Judgment of the Supreme Court of Japan, Second Petty Bench, March 3, 2008. Subject: Professional Negligence Resulting in Death Introduction On March 3, 2008, the Supreme Court of Japan delivered a final, historic judgment in one of the country's most devastating public health scandals, the "Yakugai

Case: Judgment of the Supreme Court of Japan, First Petty Bench, November 15, 2005. Subject: Professional Negligence Resulting in Death Introduction On November 15, 2005, the Supreme Court of Japan delivered a landmark decision that meticulously explored the boundaries of professional liability, particularly the responsibility of a high-level supervisor for

Decision Date: October 13, 1967 Court: Supreme Court of Japan, Second Petty Bench Introduction Determining fault in a traffic accident is rarely straightforward, especially when multiple parties have failed to follow the rules. But what happens when one driver's minor infraction is met with another's extreme

Decision Date: December 20, 2000 Court: Supreme Court of Japan, Second Petty Bench Introduction On a day like any other, a fire broke out deep within the Ikoma railway tunnel on the Kintetsu Higashi-Osaka Line, a major commuter route. The event resulted in one passenger's death and numerous

Decision Date: March 14, 1989 Court: Supreme Court of Japan, Second Petty Bench Introduction In the realm of criminal negligence, the concept of "foreseeability" serves as a crucial gatekeeper for liability. An individual is typically held responsible only for consequences they could have reasonably predicted. But what, precisely,

Decision Date: February 26, 1957 Court: Supreme Court of Japan, Third Petty Bench Introduction In the annals of Japanese criminal law, certain cases stand out not merely for their factual circumstances, but for the profound legal questions they force to the forefront. The Supreme Court decision of February 26, 1957,

Decision of the Second Petty Bench of the Supreme Court of Japan, October 18, 1957. Case No. (A) 755 of 1955: Violation of the Explosives Control Act and Obstruction of Traffic Introduction Imagine a scenario: a group of frustrated villagers, feeling ignored by their local government over a dangerously decaying

Decision of the First Petty Bench of the Supreme Court of Japan, July 16, 1987. Case No. (A) 457 of 1985: Violation of the Currency and Securities Imitation Control Act Introduction In the landscape of Japanese criminal law, few concepts are as debated and nuanced as the "awareness of

Decision Date: March 13, 1957 Where does art end and obscenity begin? Who has the right to draw that line, and by what standard? This timeless conflict between freedom of expression and the protection of public morals has been fought in courtrooms around the world, but few legal battles have

Decision Date: July 18, 1989 It is a foundational tenet of criminal law that ignorance of the law is no excuse. A person cannot escape conviction by claiming they were unaware their conduct was illegal. This is known as an "error of law." In contrast, an "error

Decision Date: June 9, 1925 The distinction between a mistake of fact and a mistake of law is a foundational concept in criminal law. A mistake of fact—for example, taking a coat you genuinely believe is yours—can negate the intent required to be guilty of a crime. A

Decision Date: August 17, 1951 A fundamental maxim of the common law tradition is "ignorance of the law is no excuse." A person cannot escape criminal liability by claiming they did not know their actions were illegal. This is known as an "error of law." This