Do you know the Japanese legal system? Have you heard of the term Hostage Justice? In this article, we will address the dark side of the lack of crimes in Japan and how the legal system of the land of the rising sun can be relentless.
Japan is often praised for being one of the safest countries in the world, with exceptionally low crime rates. This safety is one of the reasons that attract millions of tourists and expatriates to the country every year. However, this safety comes at a price: the Japanese legal system is extremely rigid, and being arrested in Japan can be a frightening experience, with few chances of escaping a conviction.
Table of Contents
The Reality of the Japanese Legal System
While safety in Japan is indisputable, the country’s legal system hides a dark side. Japan is known for having one of the highest conviction rates in the world, surpassing that of many countries with authoritarian regimes.
This phenomenon is often attributed to what is called “hostage justice,” where suspects can be held in custody for long periods without formal charges.
This system, which aims to ensure that criminals are punished, also jeopardizes the freedom of individuals who may be innocent.
See below our complete video addressing the subject:
What Happens if You Are Arrested in Japan?
One of the most notorious cases that brought attention to the Japanese judicial system was that of Carlos Ghosn, a foreign executive from a major Japanese automaker. In 2018, he was arrested on suspicion of financial fraud.
During his detention, Ghosn was held for weeks without formal charges, was denied contact with his lawyer and family, and was subjected to long interrogation sessions without the presence of a defender.
This harsh treatment illustrates the difficulties faced by anyone arrested in Japan, where bail is often denied, and legal proceedings can drag on for years.
Feeling that he would never receive a fair trial, Ghosn dramatically escaped from Japan, hidden in a box. His escape attracted worldwide media attention and raised questions about the fairness of the justice system in a democratic country like Japan.
Prolonged and Repeated Detention
In Japan, when a person is arrested, they can be held in custody for up to 23 days without formal charges, which is significantly longer than in many other countries. Additionally, the practice of splitting charges into multiple parts allows authorities to indefinitely extend the detention period.
An example of this was the case of Katsuya Nakamura, who was arrested on suspicion of stock manipulation. Initially, he was detained for 20 days, but shortly after his release, he was arrested again on another charge related to the same crime, prolonging his detention for months.
These practices make the Japanese system particularly relentless for those who find themselves imprisoned, as the possibility of being repeatedly arrested for slightly different charges can keep a suspect in jail for a long time, even without conviction.
International Impact and Criticism
The case of Carlos Ghosn is not the only one to draw international attention to the Japanese legal system. In 2019, the case of an artist who created a kayak based on a digital scan of her genitals also garnered attention.
She was accused of distributing obscene material and was detained for over three months before being formally charged. Cases like this highlight the rigidity of the system and how even crimes considered minor can result in long detentions.
The practice of keeping suspects in custody for long periods without formal charges has been criticized by human rights organizations and international lawyers. These practices are seen as a violation of basic human rights, especially the right to a fair and speedy trial.
The Concept of “Mentsu” in Japanese Culture
In Japan, one of the most fundamental aspects of society is the concept of “Mentsu” (面子), which refers to “face” or “public honor.” This concept is deeply rooted in Japanese culture and influences people’s behavior in various contexts, especially in formal situations, such as in the workplace and judicial institutions. Maintaining “face” is essential, and losing that “face” or causing someone else to lose “face” is seen as a great disrespect and can lead to profound embarrassment.
Unlike other cultures, such as the Western one, where disagreeing with someone in public may be considered normal and even encouraged, in Japan, this is avoided at all costs. Disagreeing with a person, especially if they are in a superior position, is seen as an attack on their reputation and honor. This creates a dynamic where people prefer to agree, even if silently, to avoid any confrontation that could result in the loss of “Mentsu.”
Mentsu and the Japanese Judicial System
This concept of “Mentsu” exerts a significant influence on the Japanese judicial system. When a case reaches the court, there is usually a panel of three judges who make the decision, rather than a single judge as in many Western countries. These judges, in turn, face implicit pressure not to contradict the prosecutor who brought the charges. Declaring a defendant innocent could be interpreted as a direct criticism of the prosecutor’s work, suggesting that they did not do their job correctly, which would result in a loss of “Mentsu” for the prosecutor.
Furthermore, the system itself is structured in a way to avoid uncomfortable confrontations and disagreements. This means that even if a defendant has compelling evidence of their innocence, the likelihood of being found guilty is high, as acquitting someone would be a blow to the reputation of the judicial system as a whole. In a society where maintaining harmony and avoiding conflicts is paramount, the pressure to go along with the accusatory process is intense, resulting in a vicious cycle where everyone who is arrested ends up being considered guilty.
This aversion to confrontation also affects the appeals process. Appealing a verdict is extremely difficult, as it would imply that the previous judges made a mistake, which again would lead to the loss of “Mentsu” for those involved. As a result, successful appeals are extremely rare, and the system becomes almost impenetrable for those who wish to prove their innocence.
This culture of avoiding the loss of “Mentsu” is one of the factors contributing to the extremely high conviction rate in Japan and the difficulty of obtaining justice in a system that values reputation and harmony above truth and fairness.
Conclusion: Be Prepared
The Japanese justice system is a double-edged sword. On one hand, it contributes to the country’s exceptional safety, but on the other, it jeopardizes the freedom of individuals who may not have committed any crime. If you are in Japan, it is essential to be aware of the laws and legal procedures, as once arrested, the chances of being considered guilty are alarmingly high.
Leave a Reply