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crime

Why do people spend so long in jail without going to trial in Japan?

31 Comments
By SoraNews24

Japan is known for its criminal suspects spending very long periods of time in detention before they ever set foot in a courtroom, a fact that was made particularly famous by the Carlos Ghosn case a few years ago. This is because of an aspect in Japanese law where people can be arrested and then immediately re-arrested once the 23-day limit of their detention is up.

Saitaiho

The term in Japanese is saitaiho which literally translates to “re-arrest” but doesn’t technically have the same nuance it might in other countries of being arrested for a murder, then released for a time, but then arrested once again once new evidence comes to light. Rather, the saitaiho form of re-arresting is a systematic tool used by police to prolong a suspect’s detention in order to prepare for a trial.

For example, if you robbed a convenience store and then immediately after, stole a car to escape before getting caught, you could be arrested once for the store robbery and spend the next 20 or so days in a cell and interrogation room. Then, you might instantly be re-arrested for the car theft just as you were about to be released from jail for the robbery, thus doubling your time spent in jail to 40 days without ever setting foot in front of a judge.

Article 37 of The Constitution of Japan does state the right to a speedy trial, but it’s applied proportionally to the number of charges against someone.

The reason for this is said to be to buy time either to obtain evidence or a confession before the matter goes to the court. The prosecutor’s office will decide whether the case will go to trial within 48 hours and if so, it is up to the police to get whatever they need to make the charges stick, which may sometimes take more than the allotted 20 days with the possibility of a three-day extension. The only catch for the police is that distinct crimes need to have taken place because you can’t be re-arrested for the same crime in this fashion.

The three arrests of four men

A good example of how this works has been going on over the past few months in Ibaraki and Saitama prefectures, involving the repeated arrests of four men aged 16 to 22. The crimes took place in the evening of Aug 15, 2022, when the men were driving around the northern part of Saitama Prefecture where its borders with Ibaraki and Chiba prefectures converge.

It’s a unique area where the borders to three prefectures are only a couple kilometers apart.

At about 8:30 p.m., police received a call from a motorist in Kasukabe City that things were thrown from a passing car that damaged their vehicle in several places. Saitama Police later determined the objects to be chucks of concrete.

At about 8:50 pm, a 2-kilogram chunk of concrete was hurled at the windshield of an oncoming car from the Sakai Bridge in the town of Sakai, Ibaraki Prefecture. The material shattered the glass of the car driven by a man in his 40s and his eldest daughter, but no one was injured.

Shortly before that, a compact car driven by a 77-year-old was repeatedly hit with concrete on the same bridge that connects Saki with Noda City in Chiba Prefecture. In total, there were seven such reports in Saitama, Chiba, and Ibaraki prefectures.

Throwing concrete at cars in general isn’t the wisest thing to do, but this was only the tip in the iceberg of problems the perpetrators made for themselves. First, they seemed to have forgotten about the existence of drive recorders, which, with the help of street surveillance cameras, got some good shots of them committing the crime, along with their vehicle.

▼ Drive recorder video of one of the attacks

The ensuing investigation allowed the Ibaraki Prefectural Police to make their first arrests of the four men on Oct 20, 2022. These arrests were for the single incident in which the father and daughter’s windshield was shattered. The suspects admitted to it, saying that they did it “for fun.” It was also learnt that three of them worked for a demolition company, which is where they got the supply of concrete chunks.

Then, on 9 November, they were all re-arrested by the Ibaraki Police, this time for the attack on the elderly woman’s car. However, of the seven reported incidents of concrete being thrown, only two happened in Ibaraki, leaving them all out of arrests.

So, they handed the investigation over to the Saitama Prefectural Police as four of the incidents took place there. On 18 January 2023, the four were once again arrested and once again confessed to the attack on the car in Kasukabe City. This time they told the Saitama Police that their intention was to provoke the other drivers so they could enjoy a car chase.

▼ News report on the third arrest

It is unclear why these four have been re-arrested three times so far since they already confessed three times, and the police rarely provide details of ongoing investigations so we may never know. However, since there are four other cases of concrete having been thrown they could potentially be consecutively arrested three more times in Saitama and once more in Chiba, taking their detention time well into the summer, all for an incident that lasted little more than an hour.

That being said, the ordinary upper limit of re-arrests is said to be three, mainly because it is considered by the police to contribute to jail overcrowding and a be waste of resources beyond that.

The ethics of this practice are certainly up for debate but as it stands, anyone in Japan should be careful not to do crimes unless they’re willing to do the times, one by one by one by one.

Sources: FNN Online Prime, Asahi Shimbun Digital, Yomiuri Shimbun Online, Ibaraki Shimbun, Horitsu Yawa, Very Best Law Office Sendai

Read more stories from SoraNews24.

-- Foreigner attempts to fend off six Japanese police officers at Tokyo Starbucks 【Video】

-- Carlos Ghosn leaves jail in workman cosplay, causes hilarious Twitter storm in Japan

-- Australian arrested at Narita Airport for graffiti on Japanese train in Tokyo

© SoraNews24

©2024 GPlusMedia Inc.

31 Comments
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A good example of how this works...

But.

It is unclear why these four have been re-arrested three times so far since they already confessed three times,

Maybe a little, clearer example was in order. But maybe not; maybe the murkiness of it all is actually central to the system.

-1 ( +14 / -15 )

Another example of how screwy the system is!

2 ( +20 / -18 )

Nice try at "explaining" a profoundly unfair practice widely recognized as an abuse of human rights.

For example, no mention of lawyer access in this alleged "explainer" article. ("Misleader")

Suspects must have the right the defend themselves in a civilized society. They need the right to counsel after arrest, during the detention period and especially during the marathon interrogations by several interrogators at a time, a Japanese practice which is so clearly aimed at extracting confessions under duress. Ask the former Nissan president about that!

As for the re-arrest, that is done to extend the detention period for a long, long long time while a suspect is technically innocent. I remember when a suspected aum member was thrown in a cell for three weeks for "trespassing" - he was on an outdoor landing of a condominium building where he didn't live.

 anyone in Japan should be careful not to do crimes unless they’re willing to do the times

Right. I'll remember to stay away from condo buildings where I don't live. Three weeks in a tiny cell with the lights on 24/7 even before any charges are filed is best avoided. I'd lose my job, my career, maybe even my family as a result.

8 ( +26 / -18 )

The saitaiho form of re-arresting is a systematic tool used by police to prolong a suspect’s detention in order to prepare for a trial.

In Japan they bring many charges against someone, break down as many as they can if possible. For example burglary it also can also be charged with trespassing, that two charges. Also homicide, can be charged with abandoning corps that also two charges.

Also sometimes when someone really being convicted is not because of the main charge it could be secondary charges that somehow doesn't really important. However when someone being guilty, news in Japan rarely telling which charge is being use for conviction.

the police rarely provide details of ongoing investigations so we may never know.

There's no transparency in Japan, if official someone is guilty then Japanese people will just believe they are guilty no matter how confession were made.

https://www.japantimes.co.jp/news/2020/03/22/national/crime-legal/false-conviction-japan-justice-system/

Then, you might instantly be re-arrested

What happen is when perperator released from first charge, there are people who will in the exit to bring in again for second charge, or even more. That's rarely being discussed in the news.

-4 ( +12 / -16 )

If you ask a question in the title of a news article, you should answer that question in the article!

This article doesn’t explain the ‘why’ at all. It only tells us the ‘how’ by explaining the procedure that police and prosecutors use to extend detention for suspects. The ‘why’ would include an investigation of the psychological and social impacts that suspects are subjected to when their detentions are extended indefinitely under this type of hostage justice.

(Also, the literal translation of saitaiho is re-arrest but it would be more appropriately translated as ‘additional charges’…)

12 ( +16 / -4 )

Worst example to shed light on unjust jail time.

It was also learnt that three of them worked for a demolition company

Typical. Rot in jail for a few years and learn to respect life.

0 ( +4 / -4 )

When I was arrested I just signed a confession and was out in 18 hours, even though I was innocent. When later, I met the prosecutor he was really nice, and asked me to teach him English.

-8 ( +6 / -14 )

Just avoid any contact with japans “legal” version of justice, you could end up on death row for breaking 2or 3 lightbulbs, that after two or three months of detention before you confess. Try not to catch a policeman’s eye. Don’t ride a bike, that’s bait. If by some miracle you are found innocent of anything you have lost you job your friends probably family and suicide is understandable. Prosecutors should carry a scythe just to warn you the are death on two legs.

-9 ( +9 / -18 )

Do you remember the young 19yo who was arrested for breaking a lamp? 9 months in detention, on his first night in Japan? 9 months in jail? Nobody bothered to actually investigate how this unconscious jet lagged boy managed to damage a lamp while being unconscious. That’s the North Korean, sorry Japanese system of justice.

0 ( +13 / -13 )

I got arrested in Tohoku back in '06 for assault and battery (a couple fellers started a fight; I finished it).

They held me in an interrogation room for hours hollering and screaming, trying the good cop/bad cop thing, smacking me around a bit... and all I would say is "bengoshi hoshii" ("I want a lawyer").

Finally when I had enough I demanded and English-speaking interrogator, and a phone call to the US Embassy (knowing damn well the embassy folks would tell me to go pound sand).

The cops didn't know what the hell to do. They all left the room immediately. Awhile later some little ojiisan cop who spoke English showed up, probably from out of his bed somewhere. I asked if I was being charged, he said no, I hadn't answered any of their questions. I guess they were figuring I'd just confess. "Then walk me out of the station so nobody says I tried to bolt." I said, and that's just what he did. Back out into the night I went (but to a different bar this time).

So I guess I'm one of the 2% or whatever it is who don't confess, and one of the few to be let go so fast.

5 ( +7 / -2 )

For most non-really serious crimes, it's a Pre-Jail system that favors those with Money to get those within Jail out, through an out of Court Settlement.

6 ( +6 / -0 )

"The reason for this is said to be to buy time either to obtain evidence or a confession before the matter goes to the court. "

The evidence needs to be obtained before arrest to justify the arrest. And, if they feel they need more evidence or a confession for a conviction, they need to do so in a reasonable amount of time. Otherwise, they should release the suspect.

Or, that is how it should be done in a free, civilized society.

7 ( +9 / -2 )

Good job, Chiba and Saitama police! Please milk the re-arrest system for as long as possible. Keeping these idiots away from the society by all means is, for me of higher priority than their individual rights. Only by luck nobody has died because of their stupid actions!

-3 ( +3 / -6 )

Japan's legal system is based on the wartime Japan and the Gestapo! They have not change the police system since they were part of the first modern "axis of evil".

That is the reason the police can still kidnap someone for 3 weeks without anyone being formally arrested or informing the outside world that they are ok.

Foreigners have the right to immediately demand that their embassy being informed of detainment. I suggest that everyone foreigner exercise that right once detained.

-2 ( +10 / -12 )

what a mess (!); this is nothing new, but it’s good to be reminded of how disgusting the system is.

..

“ The ethics of this practice are certainly up for debate but as it stands, anyone in Japan should be careful not to do crimes unless they’re willing to do the times, one by one by one by one. “

“Debate”? What debate? There’s no need for debates; people s rights are not being respected, end of story.

And imho, I think it’s unrealistic to tell people to stay out of trouble; some people like to say that, and it’s partially true; I mean, don’t be stupid, right? BUT, sometimes people are in the wrong place at the wrong time and many times the truth is distorted by incompetent police officers (foreigners, especially, need to be careful about this); also, sometimes, what it looks to be a minor thing in our home countries, it might actually end up being a big deal in Japan.

(small advice: if, for “some reason”, you’re stopped by the police and they ask for your passport or zairyu card, even if you’re not doing anything wrong, even if it’s incredibly annoying, just cooperate, answer the questions and don’t be aggressive. Swallow your pride and go home; don’t resist…, trust me, it’s not worth it…)

0 ( +9 / -9 )

The "why" dates back to the Edo period justice system. It's basically the same, but without hardcore torture you extract confessions.

-7 ( +6 / -13 )

Yeah, to buy time for obtaining evidence or just an either true or false confession, that’s the point, isn’t it? Anyway, avoid criminal activities and any timespan of detention or interrogation won’t affect you so very much in general.

-3 ( +1 / -4 )

@Sven Asai

Anyway, avoid criminal activities and any timespan of detention or interrogation won’t affect you so very much in general.

Unless you got a job or family that you care about. Basically, your job is finished whether you are guilty or not!

1 ( +5 / -4 )

Because Japan is a Police State.

Ask anyone that’s had any dealings with the police.

My ex was attacked in Aoyama and they treated HER like the criminal.

-6 ( +4 / -10 )

Basically, your job is finished whether you are guilty or not!

@Numan. Yes, maybe, but that’s not even correlated. Many are finished in job without any criminal issues and some criminals are still or again successful in jobs although having been convicted or later released from prison, look the entertainment industry for widely known example. In addition, if generally people are not given a job or better a really fitting and tailored job, not only the affected people but of course also the rest of society still in their jobs is somehow finished. I can see that from firsthand in a certain sense too.

-3 ( +0 / -3 )

(just to be clear, I was never in trouble in Japan and I was never stopped by the police; but I heard stories of how people, especially foreigners, can be treated by the J-police, many times unfairly… ; and btw, some people in this comment section have an unrealistic approach towards this topic and also, some people choose to “close their eyes” and don’t wanna know about what is happening out there all the time just because nothing happens to them because of the way they look; unlike some of you, not only I’m aware that I’m more “lucky” than others, I also choose not to ignore the facts, hence my warning(s) and advice…)

2 ( +3 / -1 )

Carlos Ghosn was in detention 150+ days.

The interrogation without lawyer, lights on 24/7, solitary confinement, etc.

It could happen to us.

-1 ( +5 / -6 )

Because the whole justice system in Japan is wrong, on so many levels.

0 ( +4 / -4 )

Its a great system. In many western countries these idiots would be free, waiting for their "community service orders" or suspended sentences. Hopefully they will get a couple of years to think about their actions and fully compensate the victims.

-6 ( +0 / -6 )

It should be noted that Japanese police dont need any evidence if they can force a confession, which they almost alway will. Try being interrogated for 16 hours a day, and then forced to sleep in a room without working windows or heating in winter and lights on 24/7 for weeks on end. A significant portion of those in Japanese prison likely never committed any crimes.

1 ( +3 / -2 )

The purpose of keeping someone in jail long time is to force the person to confess regardless of the facts or real evidence. Artificial evidences can also be produced if there is enough time to put blame on anyone. Other reasons stated such as to have time for investigations and find truth are excuses to justify a wrong system.

2 ( +5 / -3 )

@Sven

@Numan. Yes, maybe, but that’s not even correlated. Many are finished in job without any criminal issues and some criminals are still or again successful in jobs although having been convicted or later released from prison, look the entertainment industry for widely known example. In addition, if generally people are not given a job or better a really fitting and tailored job, not only the affected people but of course also the rest of society still in their jobs is somehow finished. I can see that from firsthand in a certain sense too.

There are not many jobs in Japan that will let someone take time off for 3 weeks for a criminal investigation. Those companies certainly will not let a person suddenly disappear when the police kidnap a suspect and not allow them to contact anyone. There are no phone calls while being held.

Anyone who works for a company might as well kiss that job goodbye if they are kidnapped by the police!

1 ( +3 / -2 )

And imho, I think it’s unrealistic to tell people to stay out of trouble; some people like to say that, and it’s partially true; I mean, don’tbestupid, right? BUT,

there's always room for prosecters on-speed-dial people with friends in high places or buy your way outta trouble-free people; some people like to say ti even works like a charm.

1 ( +1 / -0 )

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