International Cooperation

Extradition

Overview

  • A request from a foreign country for Japan's extradition of a fugitive is processed in accordance with the Act of Extradition (Law No. 68 of 1953).
  • When there is an extradition treaty between the requesting country and Japan, Japan will extradite the fugitive as a matter of legal obligation under the treaty, subject to applicable restrictions provided for by the treaty and its domestic laws.

    >> As of June 2008, the Mutual Legal Assistance Treaties with the United States of America and the Republic of Korea have already taken effect.

Procedure

  • A request for extradition is to be made in writing via diplomatic channels, and shall be received by the Minister of Foreign Affairs, who then forwards the request to the Minister of Justice.
  • Unless any of the circumstances set forth in the Act of Extradition exists, the Minister of Justice shall order the Superintending Prosecutor of the Tokyo High Public Prosecutors Office to apply to the Tokyo High Court for examination of whether the fugitive can be extradited.
  • When the Tokyo High Court rules that the fugitive can be extradited, the Minister of Justice will make the final determination as to whether the extradition is appropriate. When the Minister finds the extradition to be appropriate, the Minister shall order the Superintending Prosecutor of the Tokyo High Public Prosecutors Office to extradite the fugitive, who will then be extradited within thirty days from the date of the Minister's order.

Restrictions on extradition

  • The Act of Extradition stipulates that a fugitive cannot be extradited when any of the restrictions set forth in the Law exists. Even when none of the following restrictions applies, extradition shall not be executed if the Minister of Justice deems it to be inappropriate. The restrictions include the following:
    1. When the offense for which extradition is requested is a political offense.
    2. Unless otherwise provided for by an extradition treaty, when the act constituting the offense for extradition would not be punishable, either under the requesting country's law or under Japanese law, for a minimum of three years' imprisonment (double criminality).
    3. When conviction or execution of punishment against the fugitive would be impossible under Japanese law due to any legal defense or restrictions such as the statute of limitations or self defense.
    4. Except where the fugitive has already been convicted in the requesting country, when there is no probable cause to suspect that the fugitive committed the act for which extradition is requested.
    5. When the criminal case for the offense for which extradition is requested is pending in a court of Japan, or when a judgment in the case has become non-appealable.
    6. When a criminal case for the offense committed by the fugitive other than the offense for which extradition is requested is pending in a court of Japan, or when the fugitive has been sentenced to punishment by a court of Japan for such an offense and execution of the sentence has not yet been completed.
    7. Unless otherwise provided for by an extradition treaty, when the fugitive is a Japanese national.
    8. With respect to a request made without being based on an extradition treaty, when there is no guarantee from the requesting country that it will honor a request of the same sort from Japan (the principle of reciprocity).

Note

  • Please keep in mind the following points when your country makes the request for extradition to Japan.
    1. In the Note Verbale, the guarantee of reciprocity is to be clearly demonstrated.
    2. In the Letter of Request, the following information should be clearly given: the name of the suspect or defendant, a description of the act constituting the offense for which the extradition is requested, the criminal offense and applicable law and the non-applicability of the above restrictions.
    3. Japanese translations are to be attached to the Letter of Request and to the supplemental documents.

Contact

  • Please keep in mind the following points when your country makes the request for extradition to Japan.
    International Affairs Division, Ministry of Justice
    TEL: +81-3-3592-7049
    FAX: +81-3-3592-7063
    E-MAIL: infojp@moj.go.jp
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