Do you know the Japanese legal system? Have you heard of the term Hostage Justice? In this article we'll look at the dark side of crime in Japan and how ruthless the legal system in the Land of the Rising Sun can be.
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 attracts millions of tourists and expats to the country every year. However, this safety comes at a price: the Japanese legal system is extremely strict, and being arrested in Japan can be a frightening experience, with little chance of escaping conviction.
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The Reality of the Japanese Legal System
While security 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.
Watch our full video on the subject below:
What happens if you're arrested in Japan?
One of the most notorious cases that brought attention to the Japanese justice system was that of Carlos Ghosn, a foreign executive of a major Japanese car manufacturer. In 2018, he was arrested on suspicion of financial fraud.
During his detention, Ghosn was held for weeks without formal charges, denied contact with his lawyer and family, and subjected to lengthy 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 court cases can drag on for years.
Ghosn, feeling that he would never get a fair trial, ended up fleeing Japan in dramatic fashion, hiding 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. In addition, the practice of splitting charges into several parts allows the authorities to extend the period of detention indefinitely.
An example of this was the case of Katsuya Nakamura, who was arrested on suspicion of stock manipulation. He was initially detained for 20 days, but soon after his release, he was arrested again on another charge related to the same crime, extending his detention by months.
These practices make the Japanese system particularly unforgiving for those who find themselves imprisoned, as the possibility of being repeatedly arrested on slightly different charges can keep a suspect in jail for a long time, even without a conviction.

International Impact and Criticism
Carlos Ghosn's case 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 drew attention.
She was accused of distributing obscene material and was detained for more than three months before being formally charged. Cases like this highlight the rigidity of the system and how even crimes considered minor can result in lengthy detentions.
The practice of holding suspects 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 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 deep embarrassment.
Unlike other cultures, such as the West, where disagreeing with someone in public can be considered normal and even encouraged, in Japan it is avoided at all costs. Disagreeing with someone, especially if they are in a superior position, is seen as an attack on their reputation and honor. This creates a dynamic in which people prefer to agree, even in silence, to avoid any kind of confrontation that could result in the loss of "Mentsu".

Mentsu and the Japanese Judicial System
This concept of "Mentsu" has a significant influence on the Japanese judicial system. When a case comes to 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. Finding a defendant not guilty could be interpreted as a direct criticism of the prosecutor's work, suggesting that he didn't do his job properly, which would result in the prosecutor losing "Mentsu".
Furthermore, the system itself is structured in such a way as to avoid uncomfortable confrontations and disagreements. This means that even if a defendant has overwhelming evidence of their innocence, the likelihood of them 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 conflict is paramount, the pressure to follow the flow of the accusatory process is intense, resulting in a vicious circle where everyone who is arrested ends up being found 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 would again lead to the loss of "Mentsu" for those involved. As a result, successful appeals are very 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 over truth and fairness.

Conclusion: Be prepared
The Japanese justice system is a double-edged sword. On the one hand, it contributes to the country's exceptional security, but on the other, it jeopardizes the freedom of individuals who may not have committed any crime. If you're in Japan, it's essential to be aware of the laws and legal procedures, because once you've been arrested, the chances of being found guilty are frighteningly high.