The Japanese Legal System

02/12/2022por Mentores

The jury system was suspended for practical reasons. There are no procedures that amount to an admission of guilt. That is, even if the accused admits guilt, the prosecutor must present evidence to establish guilt. Since Japan`s procedural system does not include pre-conviction investigations and probation officer reports, parties to the trial must provide evidence relating to the conviction and be supplemented by the court`s own investigations. In this context, the court is the exclusive examination of the facts, consisting of physical evidence and, if so, the confessions of the accused and the statements of witnesses. [67] Legal systems around the world generally fall into two main types: common law and civil law. For those who do not know, in common law countries, the main source of authority is case law in the form of legal opinions, while in civil law countries, codified statutes predominate. In addition, judges in common law countries act as arbitrators, conduct proceedings led by lawyers and make appropriate remedies somewhat more flexible. On the other hand, judges in civil law countries play a more central role in examining facts, hearing witnesses and applying codified law to their findings somewhat more strictly than in common law countries. If necessary, the lawyer will provide an interpreter. The Japanese government usually covers the costs of a court-appointed lawyer and court interpreter, but this is at the discretion of the judge.

You may be held liable for legal costs. Private lawyers usually include interpretation costs in their legal fees. You should discuss with your lawyer what fees you may be charged. An amendment to the Code of Criminal Procedure in 2016 introduces a system of audio/video recordings of the interrogation process by June 2019. However, cases subject to this system are limited to cases to be heard by lay judges and cases in which prosecutors conduct their own investigations. Therefore, in most cases, this system is not applicable. There are five types of ordinary courts in Japan: (1) expedited courts, (2) family courts, (3) district courts, (4) high courts, and (5) the Supreme Court. Japan uses a three-tier judicial system, and in most cases, depending on the nature of the case, an expedited court, family court or district court will be the court of first instance. The early modernization of Japanese law was based primarily on European civil law systems and, to a lesser extent, on elements of English and American common law. [20] Chinese penal codes (Ming and Qing codes) and earlier Japanese codes (Ritsuryo) were initially considered models, but abandoned. [17] European legal systems – in particular German and French civil law – have been the main models of the Japanese legal system, although they were often considerably modified before their adoption.

[21] Court proceedings and subsequent revisions to the Code have also reduced friction between new laws and established social practices. [17] The draft Civil Code served as a model for the Japanese Civil Code. [17] For this reason, scholars have argued that the Japanese legal system is a descendant of the Romano-Germanic civil law system. [22] [21] Two restrictions can be added to these claims. First, some Korean law must have been transposed, albeit not systematically; This is reflected in the system of classifying judicial law and local customs among sedentary immigrants. Second, formal law is not clearly distinguished from informal law; This was due to the absence of written formalities, although judicial law gradually morphed into a formal state law as far as the central government was concerned. For these reasons, it cannot be denied that a primitive pluralism of rights has developed on the basis of judicial and clan law, partly with Korean law and mainly with indigenous law. These characteristics of legal pluralism, primitive as they were, were the prototype of the Japanese legal system, which evolved towards more organized legal pluralisms in later periods. At the end of this period of detention, the prosecutor must either ask the court for charges or release you.

Detention periods apply to any alleged offence. If you are suspected of more than one crime, you can be legally released at the end of the detention period and then rearrested for another offence, resulting in a longer total period of pre-trial detention. The different legal systems of the world have certain characteristics in common, but very few (perhaps none) are exactly the same. Because each system reflects the needs, cultures, and traditions of the nation it represents, the world`s legal systems are as diverse as the people themselves. Therefore, with regard to Japan and the United States, there are many differences between the legal systems of each country (although the gap narrows somewhat as globalization progresses). The main differences arise from the fact that one system is based on common law and the other on civil law.