Internationale Rechtshilfe in Strafsachen in Japan – Entwicklungen und Herausforderungen –

Abstract

SUMMARY

This article deals with the legal framework and practical issues related to international co-operation in criminal matters in Japan. At first, the territorial scope of application of Japanese criminal law and jurisdiction is outlined. The main part of the article introduces the basic Japanese acts and international treaties stipulating mutual judicial assistance in the field of criminal investigation, extradition and the enforcement of penalties. With regards to extradition, the principle of non-extradition of own nationals and the death penalty-system pose some difficulties for Japan in particular vis-à-vis European countries. A major part of the article deals with the international transfer of prisoners in a Japanese-German comparison. By comparing, inter alia, the percentage of foreign prisoners in Japan (6.6 %) and Germany (22 %), respectively, possible reasons for the partly rather reserved practice in Japan concerning prisoner transfers are examined. Finally, the paper points out the increasing importance of international cooperation in criminal matters in general for Japan.