What Really Happens When You Get Arrested in Japan: Inside the 23-Day Detention System

Introduction

Getting arrested in Japan can be a life-altering experience, especially for foreigners who may not understand the system. The country is known for its low crime rate and high conviction rate, but what many people don’t know is the controversial process behind those numbers. One of the most striking features of Japan’s legal system is the ability of the police to detain a suspect for up to 23 days before formally charging them. This period includes daily interrogations, often without a lawyer present. Understanding the full scope of what happens when someone is arrested in Japan is crucial for anyone living in or visiting the country.

The Arrest Process

Getting arrested in Japan typically begins when a suspect is taken into custody either at the scene of a crime or after an investigation. Police need a warrant to arrest someone unless the person is caught in the act. Once detained, the suspect is taken to a police station and placed under custody. During this initial phase, the police have 48 hours to decide whether to request a judge to approve continued detention.

If the judge grants the request, the suspect can then be held for an additional 10 days. In some cases, prosecutors may ask for another 10-day extension, bringing the total potential pre-charge detention period to 23 days. This prolonged detention without being formally charged is a major point of concern among legal experts and human rights organizations.

The Interrogation Period

During these 23 days, suspects are often interrogated without the presence of a lawyer. Interrogations can last several hours a day and are conducted behind closed doors. While suspects have the right to remain silent, the pressure to confess is intense. Japan’s legal system places heavy emphasis on confessions, which are often used as key evidence in trials. As a result, there are numerous documented cases of false confessions, especially under the stress of extended interrogation.

This aspect of getting arrested in Japan has been criticized by organizations such as Amnesty International and Human Rights Watch. They argue that the prolonged detention period can be used to wear down suspects until they confess, regardless of guilt.

Legal Representation and Bail

One of the major differences between Japan and many Western legal systems is the limited access to legal counsel during the interrogation process. A lawyer can meet with the suspect but cannot be present during questioning. This makes it difficult for suspects to know their rights or get support in resisting pressure from interrogators.

Getting arrested in Japan also means bail is rarely granted until after formal charges are filed. Even then, it is up to the court’s discretion. The courts often deny bail if they believe the suspect might destroy evidence or pose a flight risk. This results in suspects staying in custody until the start of the trial, which can take months.

Japan’s Conviction Rate

Japan is known for its astonishing conviction rate, which is over 99 percent. While this might suggest that law enforcement is extremely effective, critics argue that it reflects systemic issues, including the 23-day detention policy and reliance on confessions. Prosecutors are known to only take on cases they are almost certain to win, which also inflates the numbers.

This is another reason why getting arrested in Japan is such a serious matter. Even if you’re innocent, the odds are heavily stacked against you once you enter the criminal justice system. Many suspects choose to confess simply to end the prolonged detention and avoid further mental stress.

Foreigners and Language Barriers

For foreigners, getting arrested in Japan can be even more daunting. While suspects are legally entitled to interpretation services, the quality and availability of these services can vary. Misunderstandings during interrogations are not uncommon, and suspects might unknowingly waive rights or admit to things they didn’t do.

Furthermore, cultural differences can play a big role. Japanese society places high value on group harmony and remorse. Foreigners who don’t show what police and prosecutors consider “appropriate” behavior—such as bowing, apologizing, or expressing regret—may be treated more harshly or seen as uncooperative.

Recent High-Profile Cases

The most well-known example of the Japanese legal system’s rigidity is the case of Carlos Ghosn, the former Nissan executive who was arrested and detained under Japan’s criminal justice rules. He spent over 100 days in detention before being released on bail, only to be re-arrested and detained again. His escape to Lebanon in 2019 brought international attention to Japan’s legal practices, especially the use of prolonged detention.

Other lesser-known cases also highlight the dangers of getting arrested in Japan. For example, there have been reports of suspects being forced to sleep with the lights on, being denied contact with family, and facing repeated interrogations even after invoking their right to remain silent.

Implications and Reform Efforts

There have been calls for reform in Japan’s detention and interrogation system. In 2016, Japan introduced mandatory video recording of interrogations for certain serious crimes. However, this rule applies to less than 3 percent of all cases, leaving the majority of suspects unprotected.

Legal scholars and international observers continue to pressure the Japanese government to allow greater access to legal counsel and shorten the pre-charge detention period. While reforms have been slow, the issue remains a topic of debate both inside and outside of Japan.

What You Should Know

If you are living in Japan or planning to visit, understanding the risks associated with getting arrested in Japan is important. Knowing your rights, such as the right to remain silent and to contact a lawyer, is crucial. While Japan is generally a very safe country, legal issues can become severe quickly.

The best way to avoid trouble is to be cautious and informed. Even minor infractions such as getting into an argument in public or not carrying your residence card can lead to police questioning. And once you enter the system, getting out can be a long and difficult process.

Conclusion

Getting arrested in Japan is not just about dealing with the police—it’s about navigating a legal system that prioritizes confessions and allows long detention without charges. The 23-day detention period has drawn global criticism for being out of step with international human rights norms. Foreigners, in particular, are at a disadvantage due to language and cultural barriers. While Japan remains a safe country for most, knowing what can happen if you’re arrested is critical. Until meaningful reforms are made, the best protection is awareness and caution.