Getting Assistance from Japan: Checklist for drafting a request
1. The name and ID of the suspect or defendant (if known)
‐ Please specify the suspect or defendant
2. Criminal Fact
‐ Please make sure that the criminal fact is well described in the request taking care of
5W1H.
3. Procedure
‐ Please describe the nature and the stage of the inevestigation or prosecution which needs
the evidence.
4. Offense and applicable laws
‐ Please specify which offense has been committed.
‐ Please also provide a copy of applicable legal provisions. The legal provisions which are cross-referred should be also attached.
5. Requested assistance
‐ Please specify what exactly you requests as assistance.
‐ Please also provide the reason why the assistance in question is necessary in light of the criminal fact written in the request. i.e. based on the criminal fact above, why the assistance is requested?
6. Attached supplementary documents / evidence
‐ Please provide relevant documents and evidence (e.g. the court order) .
‐ In particular, if you request a coercive measure, substantive evidence should be provided.
7. Deadline
‐ Please clarify the deadline (if any) for the assistance with a reason.
8. Confidentiality
‐ Please make a statement that the provided evidence shall be treated in a confidential manner within your jurisdiction.
Lastly, please also make sure that
(ⅰ) All the refusal causes or any other restrictions are not applied. (See refusal causes for non-MLAT or with MLAT) and
(ⅱ) Japanese translations for all the documents should be attached.
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