Japan Compliance

Cocaine or Meth? A Japanese Ruling on Mistaking One Illegal Drug for Another

Decision Date: June 9, 1986 Criminal intent, or kōi, is a cornerstone of criminal law, requiring that a person have a guilty mind to be held responsible for a crime. But what happens when that guilty mind is mistaken about the facts? A classic legal problem arises when a person

One Bullet, Two Victims: How Japanese Law Handles the "Error of the Object"

Decision Date: July 28, 1978 In the study of criminal law, a classic hypothetical tests the very nature of intent: an assailant shoots at person A but, having bad aim, misses and hits an innocent bystander, B. Is the assailant guilty of attempting to murder A and negligently injuring B?

"It Might Be Stolen, But...": A 1948 Japanese Ruling on Willful Blindness and Criminal Intent

Decision Date: March 16, 1948 A fundamental principle of criminal law holds that to be guilty of a crime, one must possess kōi, or criminal intent. But what does it truly mean to "intend" a criminal outcome? Does it require a direct desire or a certainty of knowledge?

"I Thought It Was Cosmetics": A 1990 Japanese Supreme Court Ruling on Intent in Drug Smuggling Cases

Decision Date: February 9, 1990 In the world of international drug trafficking, a common defense of drug couriers, or "mules," is that of the unwitting participant. They often claim they were duped, paid to transport a package they were told contained something innocuous—perfume, car parts, or, as

No Discount for Drunk Driving: A 1968 Japanese Ruling on Diminished Capacity and "Action Free in its Cause"

Decision Date: February 27, 1968 The doctrine of actio libera in causa—"action free in its cause"—is a legal tool designed to solve a classic conundrum: how to hold a person responsible for a crime committed while they lacked the mental capacity to be held responsible. The

The Drunken Hand and the Sober Mind: Japan's Foundational Ruling on Self-Induced Intoxication

Decision Date: January 17, 1951 Criminal law grapples with few questions as ancient and as difficult as the intoxicated offender. What legal responsibility does a person bear for a crime committed while so drunk that they lose all sense of right and wrong, or all ability to control their actions?

Personality vs. Pathology: How Japan's Supreme Court Dissects the Criminal Mind

Decision Date: December 8, 2009 Few questions in criminal law are more profound or difficult than determining a defendant's mental capacity at the time of their offense. The line between a culpable criminal act and a tragic manifestation of severe mental illness is often blurry, forcing the legal

Beyond the Diagnosis: A 1978 Japanese Supreme Court Ruling on Criminal Responsibility

Decision Date: March 24, 1978 A core tenet of modern criminal justice is that a person should only be punished if they are truly responsible for their actions. This principle leads to one of the most difficult questions in law: how should the legal system treat those who commit crimes

The Swerving Car: A Century-Old Japanese Case on Breaking the Law to Escape a Danger of Your Own Making

Decision Date: December 12, 1924 The doctrine of "Necessity" is one of the most compelling and ethically fraught areas of criminal law. It posits that an act that would normally be criminal can be justified if it is done to avert a present and greater danger. But this

Blowing Up a Bridge to Save It: A Japanese Supreme Court Case on the Doctrine of Necessity

Decision Date: February 4, 1960 The law recognizes that in extraordinary circumstances, a person may be forced to break one law to prevent a greater harm from occurring. This principle, known in Japanese criminal law as "Emergency Necessity" (kinkyū hinan), provides a narrow justification for otherwise illegal acts.

A Mistake, a Kick, and a Fatal Fall: Japan's Leading Case on Putative Excessive Self-Defense

Decision Date: March 26, 1987 The law of self-defense is designed to justify the actions of a person repelling a genuine threat. But what happens when the situation is clouded by error? Legal systems have long grappled with two common types of mistakes: "putative self-defense," where a person

When Self-Defense Ends and Assault Begins: A 2008 Japanese Supreme Court Ruling

Decision Date: June 25, 2008 The law of self-defense protects the right of an individual to use force against an imminent threat. But this right is not a blank check. The doctrine of excessive self-defense exists to address situations where a person, acting defensively, uses more force than necessary. A

"You Started It": A 2008 Japanese Supreme Court Ruling on Provoked Self-Defense

Decision Date: May 20, 2008 The right to self-defense is a cornerstone of criminal law, granting an individual the right to use force to protect themselves from an imminent and unjust attack. But this right is predicated on the idea of innocence—that the person defending themselves is the victim

Beyond "Equality of Arms": How a 1989 Japanese Ruling Refined Self-Defense

Decision Date: November 13, 1989 The law of self-defense is built on a simple premise: a person is justified in using force to repel an unlawful attack. Yet, applying this principle is anything but simple. One of the most difficult questions courts face is that of proportionality: How much force

Anger, Vengeance, and the Right to Defend: How Japan's Supreme Court Defined "Intent to Defend"

Decision Date: November 28, 1975 The right to self-defense often conjures an image of a purely defensive act—a reluctant response to unprovoked aggression, undertaken with the sole motive of self-preservation. But reality is rarely so clean. Violent confrontations are emotionally charged events, and a person's reaction is

Anticipating an Attack: A 2017 Japanese Supreme Court Case Redefines Self-Defense

Decision Date: April 26, 2017 The right to self-defense is a fundamental principle in nearly every legal system, recognizing an individual's right to protect themselves from harm. A core element of this right is "imminence"—the threat must be immediate, happening now or about to happen.

When Consent Isn't a Defense: Japan's Landmark Ruling on Injury for an Illegal Purpose

Decision Date: November 13, 1980 The principle of consent is a cornerstone of criminal law. In many situations, a victim's voluntary agreement to an act that would otherwise be criminal can negate the crime entirely. A boxer consents to being punched in the ring, a patient consents to

The Line Between Care and Crime: A 2009 Japanese Ruling on End-of-Life Decisions

Decision Date: December 7, 2009 Few areas of human life are as fraught with ethical, emotional, and legal complexity as end-of-life medical care. When does a doctor's duty to preserve life end? When does continued treatment become a prolongation of suffering rather than an act of healing? And

Taking the Law into Your Own Hands: A 1955 Japanese Supreme Court Ruling on Self-Help

Decision Date: November 11, 1955 A foundational principle of any modern legal system is the state's monopoly on the legitimate use of force. Citizens are expected to turn to courts and law enforcement to resolve disputes and protect their rights, not to resort to private enforcement. This prohibition

Love, Lies, and State Secrets: How Japan's Supreme Court Drew the Line for Investigative Journalism

Decision Date: May 31, 1978 The relationship between a free press and a functioning government is one of inherent and perpetual tension. Journalists, driven by the public's right to know, strive to uncover information that governments, citing national security or diplomatic necessity, labor to keep secret. In 1978,

"Punishable Illegality" on Trial: A 10-Yen Crime and a Japanese Supreme Court Divided

Decision Date: June 24, 1986 Does every violation of the law, no matter how minor, warrant the full weight of a criminal conviction? This question probes the very spirit of justice, asking whether the law should operate as an inflexible machine or as a tool of reason, capable of distinguishing

The Kurume Station Incident: A Landmark Ruling on Labor Rights and Criminal Trespass in Japan

Decision Date: April 25, 1973 In any society governed by the rule of law, rights often exist in tension. The fundamental right of workers to organize and engage in collective action can clash with the right of an owner to control their property. The right to protest can conflict with

The Mistake in Death: A 1923 Japanese Case That Defined a Century of Causation Law

Decision Date: April 30, 1923 Case Name: Murder The annals of criminal law are filled with unusual facts, but few cases present a legal paradox as confounding as the one decided by Japan’s highest court, the Daishin-in (Great Court of Cassation), on April 30, 1923. The case involves a

A Shot in Error, A Shot in Mercy: Japan's Supreme Court on Negligence, Intent, and a Single Death

Decision Date: March 22, 1978 Case Name: Professional Negligence Resulting in Injury, Murder, and Abandonment of a Corpse Legal hypotheticals are often designed to test the absolute limits of legal principles. But on rare occasions, a real case emerges that is so bizarre, so tragic, and so legally complex that

Fleeing into Tragedy: A Japanese Supreme Court Case on Causation and a Victim's Final Act

Decision Date: July 16, 2003 Case Name: Bodily Injury Resulting in Death In criminal law, the line between an assailant's action and a victim's death can sometimes be blurred by a final, desperate choice. Imagine a person, brutalized and terrified, who flees their attackers. In their