タグ:custody

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Im sure that you are righteous people.
However, even if this so, there is the possibility that you may become violent while intoxicated. Even your own son or daughter is capable of committing a crime.
Therefore, it would be prudent to have a plan in place and to understand the process in case you are ever arrested.

First of all, after the police arrest a suspect, they make a record of a statement and send the suspect to a public prosecutor within 48 hours from the time of arrest. If the police believe that there is no need to detain the suspect any longer, then they will transfer the suspect.

The prosecutor who receives the suspect determines if the suspect needs to be detained. In addition to this, the prosecutor must request to detain the suspect within 24 hours from the time he receives the suspect.
Risk of an escape, risk of the destruction of evidence, or no fixed abode can be the reasons for detainment. According to statistics, 93% of suspects sent to prosecutors are requested to be detained.

If the prosecutor makes a request to a judge to detain the suspect and if the judge grants it, then the suspect will be detained for 10 more days; judges actually grant 99% of these requests. Also, if the prosecutor indicates that he needs more time to investigate the suspect, he can request that the court extends the term of the detainment for an additional 10 days.

To counter this, the suspect can protest this judgment by the court; however, this appeal will be only slightly acknowledged.

Meanwhile, the prosecutor decides whether he will indict the suspect or not.

Therefore, once you are arrested by the police, you should expect to be taken into custody for at a maximum 23 days.

If you think that you will be released on bail after the trial begins, you are greatly mistaken. 

Article 89 of the Criminal Procedure Code clearly states why you can be kept in custody:
The request for bail shall be granted, except when:

(i) The accused has allegedly committed a crime which is punishable by the death penalty, life imprisonment with or without work or a sentence of imprisonment with or without work whose minimum term of imprisonment is one year or more;

 (ii) The accused was previously found guilty of a crime punishable by the death penalty, life imprisonment with or without work or a sentence of imprisonment with or without work whose maximum term of imprisonment was in excess of ten years;

 (iii) The accused allegedly habitually committed a crime punishable by imprisonment with or without work whose maximum term of imprisonment was in excess of three years;

 (iv) There is probable cause to suspect that the accused may conceal or destroy evidence;

 (v) There is probable cause to suspect that the accused may harm or threaten the body or property of the victim or any other person who is deemed to have essential knowledge for the trial of the case or the relatives of such persons;

 (vi) The name or residence of the accused is unknown.

However, you should note that if you deny some of the charges, there is little chance that you will be released on bail.


As stated above, a suspect tends to be placed in continuous custody under the criminal justice system in Japan.
This situation has been criticized as
hostage justice, but this is the reality in Japan.
Therefore, if you are arrested, it is important to acquire advice from a lawyer.
In Japan, there is a system that involves a
duty solicitor and you can call a lawyer free of charge for the first time. So you should apply to this system and request a lawyer as soon as possible when you or your family members are arrested.

kid0026-009

These days, when international marriage couples divorce, the number of cases that lead to disputes over child custody has increased.

Foreign former husbands and wives come to our office, because they cannot or can rarely meet their children after they have divorced.

In Japan, to deal with a child custody case, we first have to apply to the family court for conciliation.
If we cannot come to an agreement about the number of visitations, we will ask for a judgment by the family court.

By the way, we always have a problem where the Japanese family court allows too few occasions for them to meet their children.

The following statistical table has been published by the court.

The number of visitation

Total

More than once a month

More than once every 2~3 months

More than once every 4~6 months

During a long vacation

The others

Go on a visit

×

5,736

3,327

884

259

113

1,153

766

4970


According to this table, “More than once a month” is the most time granted.
However, in general, we are allowed visitation only once a month for several hours each time.
In contrast, in California, they can meet their children once a week, and it is usual for them to have their children visit every other weekend.

I’m not really sure where the cause lies.
Many divorced husbands and wives are reluctant to have their children meet the other parent.
I think that Japanese people have a strong “household” consciousness, so once they divorce and leave their house, they feel they are no longer family.

However, child custody is a system for children.
It would be best for children to be loved by both of their parents.
Moreover, as child-rearing is really hard, parents should bring up their children in cooperation with the other parent even after they have divorced.

I think that we have to change our poor system of child custody in Japan. 

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