Investigations in Japan: A Comprehensive Overview

Administrative Investigations

In Japan, administrative authorities possess significant powers to conduct investigations into enterprises. These investigations involve:

• Inspecting and questioning enterprises: The administrative authorities have the authority to inspect and question enterprises as part of their investigation.
• Ordering reports and information submission: Enterprises are required to submit reports and information in response to orders from the administrative authorities. Refusal to comply with such orders is not an option.

Questioning Powers

In cases involving criminal investigations, law enforcement agencies or public prosecutors have the power to interrogate suspects upon arrest or detention. Suspects possess specific rights during these interactions:

• Right to remain silent: Suspects have the right to remain silent and are not obligated to provide information.
• Confidential communication with a defense attorney: Suspects can engage in confidential communication with their defense attorney, although attorneys may not be present during interrogations.

Power to Obtain Evidence Abroad

Japanese law enforcement agencies or public prosecutors can obtain evidence located abroad through international cooperation arrangements. These arrangements facilitate the exchange of evidence and assistance in criminal cases between jurisdictions.

Internal Investigations

While there is no statutory obligation to conduct internal investigations under Japanese law, directors have a duty of care to their companies. This responsibility may prompt senior management to initiate internal investigations.

Mutual Legal Assistance Treaties and Cross-Border Cooperation

Japan has treaties with various countries regarding mutual legal assistance in criminal matters. These agreements enable the exchange of evidence and cooperation in criminal cases between jurisdictions.