(no subject)
JAPANESE LAW
Practicing Attorney Law (Japan, English version)
Basic rules on the duties of practising attorneys (replaced the Code of Ethics for lawyers in 2004) (Japan, English version)
The Code of Ethics applicable to Bengoshi (Transcription of a speech, English version)
Legal ethics, public interest activities and independence of lawyers (Japan, English version)
法律 | Law
The Japanese legal system was modernized at the beginning of the Meiji era, and was based on the European legal system. The German and French law and judicial systems in particular served as the model for the Japanese court system and legal system. However, after the Second World War, major legal reforms were instituted. Constitutional law and criminal procedure law, which are most important for the protection of human rights, were revised and modelled after American law. Therefore, it can be said that the Japanese legal system is a hybrid of continental and Anglo-American law.
Attorneys participate in judicial proceedings as the representatives of parties in civil cases and as defense counsels in criminal cases. Once a person is admitted to the bar, he/she may conduct arguments before any court and be engaged in general practice of law, there being no distinction such as that between a barrister and a solicitor in the United Kingdom. In view of the nature of his/her business, the qualifications for attorneys are exactly the same as those for judges and public prosecutors. Every attorney has to belong to one of the local bar associations organized in each judicial district of the district court and at the same time to the Japan Federation of Bar Associations, which is composed of local bar associations and all individual attorneys.
罪悪 | Crime
For there to be a crime, there must be some form of legislation that makes the act a crime. Therefore, there are no ex post facto criminal statutes.
Equality before the law. One Criminal Code for all parts of society and it is to be administered without regard to position or rank. Individual responsibility for criminal actions and the individual responsible must have formed a criminal intent (or in many cases a form of negligence can substitute for criminal intent) to be guilty. Guilt by association or guilt based on someone else's conduct will not suffice under Japanese law.
The crime of conspiracy is virtually unknown in Japan. However, where one party 'conspires' in the sense of getting another to commit a crime for him, both are guilty of a crime.
Regarding individual guilt vs communal guilt or guilt by association -> There appears to be no question but that a person cannot be convicted of a crime committed by another but Japan does countenance an 'aider and abettor' criminal responsibility. Where one hires or otherwise uses another to commit a crime on his/her behalf, the 'instigator' is criminally responsible and held to the same punishment as the person committing the actual crime.
Where one instigates another to commit a crime and acts are taken to perform the crime but the crime is never brought to fruition, there is, as a general rule, no crime. -> Instigation standing alone is not a crime; the crime must be perpetrated for instigators to be held responsible.
When convicted of a crime, the court must consider the question of rehabilitation in assessing the correct penalty. In assessing a penalty, the court should also take into account its ability to suspend the sentence.
勾留 | Detention
The requirement(s) for detaining a suspect are: suspicion of a crime, a reason for detainment, and for detainment to be a necessity (Criminal Procedure Code, Passage 207, Clause 1, Line 60).
Suspicion of a crime: this just comes down to suspecting that an individual has committed a crime.
Reason for detainment: if the individual's residence is uncertain, if there's a fear that evidence will be destroyed or if there is a fear of the suspect fleeing.
Necessary detainment: Basically, this is decided upon after weighing up the pros and cons of what would happen if the suspect is not detained. Balance is super important.
保釈 | Bail
Whilst bail isn't relevant as such, it links to detainment, and to what types of crimes would be permissible for bail. I think that those involved with the police/law would be aware of them not for the sake of bail, but for the sake of a fair confinement (that is, taking into account both the suspects needs, and the needs of the victim(s) and witness(es).).
The only people able to make claim to bail are defined as; the confined accused, the defence counsel, legal representative, a conservator/curator (保佐人), a spouse, next of kin, siblings.
In the case that bail has been requested by one of those people, the court must permit bail to be granted. There are, however, six cases in which bail will not be granted.
1. Those crimes that result in the death penalty*.
2. A person who was convicted of a crime in the past that resulted in the death penalty, indefinite hard labour and/or confinement of ten years or more.
3. By way of common practice, criminals that have committed crimes that would result in penal servitude or imprisonment of nothing less than three years.
4. If there is a chance that evidence of a (the) crime will be destroyed or suppressed.
5. If there is a chance of harm to the witness(es) or victim(s).
6. If the full name or address of the detained is not clear or evident.
*Those crimes that would result in the death penalty in Japan are generally only passed for multiple murders and rape. The stay before punishment is generally five to seven years, a large number (a quarter) have been imprisoned for upwards of ten years. Some have been imprisoned for thirty years.
In the following circumstances, an individual's right to bail can be revoked.
1. If there is no justifiable reason for a lack of attendance.
2. If the individual has escaped or is liable to escape.
3. If criminal evidence has been destroyed, or there is a chance of it being destroyed.
4. If it would cause or increase the likelihood of danger to the victim(s) or witness(es).
5. In the case that the individual has violated the terms of their bail (house arrest etc.).
Bail can be revoked if it's decided that the accused is to go to jail (Criminal Procedure Code 98).
Practicing Attorney Law (Japan, English version)
Basic rules on the duties of practising attorneys (replaced the Code of Ethics for lawyers in 2004) (Japan, English version)
The Code of Ethics applicable to Bengoshi (Transcription of a speech, English version)
Legal ethics, public interest activities and independence of lawyers (Japan, English version)
法律 | Law
The Japanese legal system was modernized at the beginning of the Meiji era, and was based on the European legal system. The German and French law and judicial systems in particular served as the model for the Japanese court system and legal system. However, after the Second World War, major legal reforms were instituted. Constitutional law and criminal procedure law, which are most important for the protection of human rights, were revised and modelled after American law. Therefore, it can be said that the Japanese legal system is a hybrid of continental and Anglo-American law.
Attorneys participate in judicial proceedings as the representatives of parties in civil cases and as defense counsels in criminal cases. Once a person is admitted to the bar, he/she may conduct arguments before any court and be engaged in general practice of law, there being no distinction such as that between a barrister and a solicitor in the United Kingdom. In view of the nature of his/her business, the qualifications for attorneys are exactly the same as those for judges and public prosecutors. Every attorney has to belong to one of the local bar associations organized in each judicial district of the district court and at the same time to the Japan Federation of Bar Associations, which is composed of local bar associations and all individual attorneys.
罪悪 | Crime
For there to be a crime, there must be some form of legislation that makes the act a crime. Therefore, there are no ex post facto criminal statutes.
Equality before the law. One Criminal Code for all parts of society and it is to be administered without regard to position or rank. Individual responsibility for criminal actions and the individual responsible must have formed a criminal intent (or in many cases a form of negligence can substitute for criminal intent) to be guilty. Guilt by association or guilt based on someone else's conduct will not suffice under Japanese law.
The crime of conspiracy is virtually unknown in Japan. However, where one party 'conspires' in the sense of getting another to commit a crime for him, both are guilty of a crime.
Regarding individual guilt vs communal guilt or guilt by association -> There appears to be no question but that a person cannot be convicted of a crime committed by another but Japan does countenance an 'aider and abettor' criminal responsibility. Where one hires or otherwise uses another to commit a crime on his/her behalf, the 'instigator' is criminally responsible and held to the same punishment as the person committing the actual crime.
Where one instigates another to commit a crime and acts are taken to perform the crime but the crime is never brought to fruition, there is, as a general rule, no crime. -> Instigation standing alone is not a crime; the crime must be perpetrated for instigators to be held responsible.
When convicted of a crime, the court must consider the question of rehabilitation in assessing the correct penalty. In assessing a penalty, the court should also take into account its ability to suspend the sentence.
勾留 | Detention
The requirement(s) for detaining a suspect are: suspicion of a crime, a reason for detainment, and for detainment to be a necessity (Criminal Procedure Code, Passage 207, Clause 1, Line 60).
Suspicion of a crime: this just comes down to suspecting that an individual has committed a crime.
Reason for detainment: if the individual's residence is uncertain, if there's a fear that evidence will be destroyed or if there is a fear of the suspect fleeing.
Necessary detainment: Basically, this is decided upon after weighing up the pros and cons of what would happen if the suspect is not detained. Balance is super important.
保釈 | Bail
Whilst bail isn't relevant as such, it links to detainment, and to what types of crimes would be permissible for bail. I think that those involved with the police/law would be aware of them not for the sake of bail, but for the sake of a fair confinement (that is, taking into account both the suspects needs, and the needs of the victim(s) and witness(es).).
The only people able to make claim to bail are defined as; the confined accused, the defence counsel, legal representative, a conservator/curator (保佐人), a spouse, next of kin, siblings.
In the case that bail has been requested by one of those people, the court must permit bail to be granted. There are, however, six cases in which bail will not be granted.
1. Those crimes that result in the death penalty*.
2. A person who was convicted of a crime in the past that resulted in the death penalty, indefinite hard labour and/or confinement of ten years or more.
3. By way of common practice, criminals that have committed crimes that would result in penal servitude or imprisonment of nothing less than three years.
4. If there is a chance that evidence of a (the) crime will be destroyed or suppressed.
5. If there is a chance of harm to the witness(es) or victim(s).
6. If the full name or address of the detained is not clear or evident.
*Those crimes that would result in the death penalty in Japan are generally only passed for multiple murders and rape. The stay before punishment is generally five to seven years, a large number (a quarter) have been imprisoned for upwards of ten years. Some have been imprisoned for thirty years.
In the following circumstances, an individual's right to bail can be revoked.
1. If there is no justifiable reason for a lack of attendance.
2. If the individual has escaped or is liable to escape.
3. If criminal evidence has been destroyed, or there is a chance of it being destroyed.
4. If it would cause or increase the likelihood of danger to the victim(s) or witness(es).
5. In the case that the individual has violated the terms of their bail (house arrest etc.).
Bail can be revoked if it's decided that the accused is to go to jail (Criminal Procedure Code 98).