Financial Crime World

Japan’s Public Prosecutors Face Scrutiny Over Coercive Interrogation Tactics

Reforms Announced to Strengthen Investigative System

TOKYO, JAPAN - The Ministry of Justice has announced reforms aimed at addressing concerns over coercive interrogation methods used by Japan’s public prosecutors. The move comes in response to widespread criticism of the use of solitary confinement and psychological pressure to extract confessions from suspects.

Concerns Over Coercive Tactics

Suspects who fail to admit guilt may be kept in detention for extended periods, leading some to confess to crimes they did not commit. Legal experts have long raised concerns about the lack of transparency and accountability in Japan’s investigative process. The country’s high conviction rate - over 99% - has been attributed to the use of coercive tactics by public prosecutors.

Reforms Introduced

The reforms include:

  • Video Recordings of Interrogations: To ensure transparency and prevent coercion
  • Multi-Layer Checking System: To ensure independence and accountability
  • Establishment of an Inspection Division: To monitor public prosecutor misconduct
  • Strengthened Coordination with Related Authorities: To improve the collection and analysis of evidence

Impact on White-Collar Crimes Investigation and Prosecution

The reforms are expected to have a significant impact on how white-collar crimes are investigated and prosecuted in Japan. Public prosecutors will need to rely more heavily on objective evidence rather than written statements obtained through interrogation.

Criticisms and Concerns

While some critics argue that the introduction of video recordings may lead to suspects becoming more reluctant to cooperate, others believe it will help to deter the use of leading questions and coercion.

Implementation and Next Steps

The Supreme Public Prosecutor’s Office has already begun recording interrogations on a trial basis, with 979 recordings made in 59 cases from April to December last year. The reforms are expected to continue to shape the country’s criminal justice system, restoring public confidence in its investigative processes.

For Further Information

Contact Yoshihiro Kai or Kohei Kawata at Anderson Mori & Tomotsune: