Financial Crime World

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Mutual Legal Assistance in Japan

Request for Assistance

A request for assistance is received by the Minister of Foreign Affairs via diplomatic channels. The requesting state must guarantee that it will honor requests of the same sort from Japan (reciprocity).

Requirements for MLA Requests

1. Reciprocity

  • The requesting state must guarantee that it will honor requests of the same sort from Japan.

2. Non-political offense

  • The offense for which assistance is sought is not a political offense, and the request for assistance is not made with a view to investigating a political offense.
  • The requesting state must demonstrate that the offense does not have a political nature.

3. Dual criminality

  • The act constituting the offense for which assistance is requested would constitute a crime under the laws and regulations of Japan were it to be committed in Japan.
  • Japan examines dual criminality by determining whether the facts constituting the offense contain a constituent element of a crime prescribed in Japanese laws.

4. Essential evidence

  • For requests involving examination of a witness or provision of articles of evidence, the requesting state must clearly demonstrate that the evidence is essential to the investigation.

5. Appropriateness

  • The Minister of Justice finds it appropriate to honor the request.
  • The Minister considers various factors before making a decision on whether to grant assistance.

Additional Requirements for Asset Recovery

If a court in another country has rendered a final adjudication on a criminal case involving confiscation of assets located in Japan, the requesting state can make a request for MLA to execute such confiscation order and transfer the assets. The additional requirements include:

  • Dual Criminality: The act constituting the offense would be subject to certain penalties under Japanese law if committed in Japan.
  • Appropriateness of Asset Recovery: The Minister of Justice finds it appropriate to honor the request for asset recovery.

Dual Criminality Requirement

Japan does not examine dual criminality by superficially comparing the constituent elements of crimes of both countries. Instead, Japan seeks whether the facts constituting the offense and other related facts contain a constituent element of a crime prescribed in Japanese laws. The requirement is examined flexibly to determine whether the dual criminality requirement is met.

Asset Recovery

Assistance involving confiscation/preservation requires “concrete” dual criminality, which takes into account factors such as self-defense, legitimate conduct, insanity, and lapse of time. Upon execution of the request, a public prosecutor will apply to the court for an examination of whether the case falls under a category for which assistance may be provided.

List of Abbreviations

  • AOCA: Act on Punishment of Organized Crimes, Control of Crime Proceeds, and Other Matters
  • Criminal Proceeds Act: Act on Prevention of Transfer of Criminal Proceeds
  • JAFIC: Japan Financial Intelligence Center
  • AIAI: Act on International Assistance in Investigation

Contact Information

If you have any questions or would like more information about Mutual Legal Assistance in Japan, please contact:

  • International Safety and Security Cooperation Division, Foreign Policy Bureau, Ministry of Foreign Affairs (TEL: +81-3-5501-8000)
  • Inquiries regarding Treaty-based MLA requests: International Affairs Division, Criminal Affairs Bureau, Ministry of Justice (TEL: +81-3-3580-4111)