Introduction

Q1. What is Mutual Legal Assistance?

- “Mutual Legal Assistance” (MLA) means the provision of evidence, which is necessary for the criminal investigation of a foreign state, based on the request by that state. Also, Japan can provide assistance in confiscation and asset recovery.

Q2. Who can send the request?

- MLA primarily means the assistance between the prosecuting and investigating authorities. “Investigating authorities” means any authority which conducts investigation, including, for instance, Juge d’instruction in France, Ermittlungsrichter in Germany, and Grand Jury in the United States.

Q3. Is a Treaty necessary for acquiring assistance from Japan?

- Japan can provide assistance even without a Treaty. In this case, assistance is provided as a matter of international comity based on the principle of reciprocity.

- If a request comes from a Treaty party, assistance is provided as a matter of legal obligation under a treaty. “Legal obligation” means that the investigation authorities of the requested Party (i.e. not the courts) need to take every possible measure in their power to execute the request.