| | If an individual is arrested, whatever the crime, the suspect may be detained - without bail - for a maximum of 28 days, before the prosecutor brings the suspect before a judge.<ref>In terms of the law, detentions are only allowed for 3 days, which are followed by two 10 day extensions which must be approved by a judge. This can be followed by an additional 5 day extension. However, defense lawyers rarely oppose the request by the prosecution for an extension, out of fear of offending the prosecutor. L Craig Parker; The Japanese Police System Today: An American Perspective; Kodasha International; 1984</ref> Bail can be denied if there is reason to believe it could interfere with the police's interrogation of the defendant. | | If an individual is arrested, whatever the crime, the suspect may be detained - without bail - for a maximum of 28 days, before the prosecutor brings the suspect before a judge.<ref>In terms of the law, detentions are only allowed for 3 days, which are followed by two 10 day extensions which must be approved by a judge. This can be followed by an additional 5 day extension. However, defense lawyers rarely oppose the request by the prosecution for an extension, out of fear of offending the prosecutor. L Craig Parker; The Japanese Police System Today: An American Perspective; Kodasha International; 1984</ref> Bail can be denied if there is reason to believe it could interfere with the police's interrogation of the defendant. |
| − | Even if the initial 28 day detention period has expired, detention in a Japanese police station often continues, based on numerous pretexts, such as preventing the defendant from destroying evidence. Another common tactic is to re-arrest the suspect on another charge, called ''bekken taihou'' (別件大法; literally, "separate case, basic law"), which means a fresh 28-day detention period under interrogation. This "rearrest" often occurs whilst the suspect is still being held on the first charge. Some defendants may be held for several months without ever being brought before a judge. Courts approve 99.5 per cent of prosecutors' requests for detentions.<ref>The Joint Committee of the Three Tokyo Bar Associations for the Study of the Daiyö-Kangoku (Substitute Prison) System, Torture and Unlawful or Unjust Treatment of detainees in Daiyö-Kangoku (Substitute Prisons) in Japan (1989)</ref><ref>K Nakayama; "Japan", published in G Cole, S Frankowski, and M Gertz (eds); Major Criminal Justice Systems: A Comparative Survey; Sage Press; 1987; page 181</ref> | + | Even if the initial 28 day detention period has expired, detention in a Japanese police station often continues, based on numerous pretexts, such as preventing the defendant from destroying evidence. Another common tactic is to re-arrest the suspect on another charge, called ''bekken taihou'' (別件大法; literally, "separate case, basic law"), which means a fresh 28-day detention period under interrogation. This "rearrest" often occurs whilst the suspect is still being held on the first charge. Some defendants may be held for several months without ever being brought before a judge. The courts approve around 99.5% of prosecutors' requests for extended detentions.<ref>The Joint Committee of the Three Tokyo Bar Associations for the Study of the Daiyö-Kangoku (Substitute Prison) System, Torture and Unlawful or Unjust Treatment of detainees in Daiyö-Kangoku (Substitute Prisons) in Japan (1989)</ref><ref>K Nakayama; "Japan", published in G Cole, S Frankowski, and M Gertz (eds); Major Criminal Justice Systems: A Comparative Survey; Sage Press; 1987; page 181</ref> |