In case your child is arrested, an emergency response is required. Please contact us immediately. We will respond as soon as practical.
＜What is “Juvenile Cases” ?＞
In the event that a child between the age of 14 and 20 has committed a crime, procedures different from adult will be applied according to Juvenile Act in Japan.
＜ Special Nature of Juvenile Cases ＞
As children are immature and poor in social experience, there is a tendency that they tend to be compliant with adults' interviews with interrogators. In addition, there is a special nature that children tend to commit a crime with their friends but not alone.
Because of this special nature of Juvenile Cases, it is necessary for defense lawyers to visit them and provide legal advice immediately after the arrest so that they can say that they have not done what they have not done.In the case that they are students, they cannot go to school during the detention period, so we will try to release them as early as possible and also correspond to their schools. We will support them along with victim response.
Procedures for Juvenile cases
Within 48 hours
Sent to Public Prosecutor
Within 24 hours
Detention or Release
If the judge determines that there is a need to continue detaining the juvenile and conduct an investigation, he/she will be detained for 10 days, up to 20 days if extended.
Sent to Family Court
As long as there is a suspicion of a crime, all cases will be sent to the family court.
Juvenile Detention Center or Release
If judged that it is necessary to investigate mental and physical condition of a juvenile, he/she will be sent to a Juvenile Detention Center for 4 weeks usually.
Decision of the family court
Family court judges will decide the disposition of the juvenile.
Juvenile Training Schools
Sent back to Public Prosecutor
* Our coverage area for juvenile case are cases arrested in Tokyo (Negotiable for nearby prefectures).
If your family is arrested, please contact us as soon as possible. We will help him/her prevent false charges, prompt release and reduce punishment.
- False Charges
- Assault/Injury Cases
- Drug Cases
- Traffic Accident(Criminal)
- Theft Cases
- Fraud Cases
- Embezzlement Cases
Procedure for Criminal Cases in Japan
Sent to Public Prosecutor
Detention or Release
If the judge determines that there is a need to continue detaining the suspect and conduct an investigation, he/she will be detained for 10 days, up to 20 days if extended.
Prosecution or non-prosecution
* It takes at least one month and a half to two months from the indictment to the judgment.
* Our coverage area for criminal cases are cases arrested in Tokyo (Negotiable for nearby prefectures).
If the decedent (person who died) is Japanese, Japanese Inheritance Law is applied.
Heirs can decide freely who inherits what if all heirs can agree. However, if heirs can not agree, there is a need for discussions in mediation of heritage with experts.
Heirs and Inheritance according to Japanese Inheritance Law
In case that the heirs are;
〇Spouse and two children =
＊The spouse and all the children will inherit at a ratio of 1/2: 1/2.
〇spouse and parents =
＊If the decedent has no children, the spouse and parents will inherit at a rate of 2/3: 1/3.
〇no spouse but two children =
＊If the decedent has no spouse, children will inherit at an equal proportion.
〇spouse and two brothers/sisters =
＊ If the decedent has only spouse but no parents or children, brothers and sisters will inherit 1/4.
〇no spouse but only parents =
＊If the decedent has neither a spouse nor a child, parents inherit equally.
〇one of the children has already died but has two grandchildren =
＊ Two grandchildren inherit the inheritance of a child who is already deceased with equal proportion.
If you are not Japanese and wish to divorce a Japanese spouse, you can divorce if you and your spouse agree on divorce according to Japanese law. However, it is likely that each other's intention will not mesh, such as you want to divorce but your spouse doesn’t want to, or vice versa. In Japan, if you can’t agree with divorce, you have to file a divorce mediation before filing divorce lawsuit. Beginning with discussion, and if you cannot agree on discussion, we will file a divorce mediation or couple mediation, respectively to the family court.
Depending on your nationality, divorce by agreement may not be accepted under the laws of your country, or special procedures may be required separately. If your visa is a spouse visa, you may also need to change your status of residence.
In the case of a couple having a minor child divorcing, it is necessary to decide which parent will have parental authority at divorce.
It is thought that it is appropriate for children's mental healthy growth and development to regularly meet and interact with the other parent who is not custodying the child, either after divorce or while you are living separately unless there are facts such as abuse. Starting with a discussion with a custodial parent, we will support the realization of visitation in ways that are appropriate for the welfare of the child.
Sharing Marital Expenses
Even if you are living separately, as long as you are married, you have an obligation to help each other's level of life equal.
Married couple is obliged to share the marital expenses (including the expenses for their children if they have children), so one of the couple who has no income can claim the other who has income to pay marital expenses even after living separately. Regarding this marital expenses, since the family court prepares a calculation table, which makes almost uniform calculation possible depending on the income of the couple and the number and age of their children. See the following link for the calculation table of family court (http://www.courts.go.jp/tokyo-f/vcms_lf/santeihyo.pdf
After divorce, even if you do not acquire custody, you are obligated to bear your child support until your child reaches age, or graduate from university as long as you are your child's parent.
On the other hand, parents who are custodian can request non-custodial parents to pay child support. Regarding the child support, the family court also prepares a calculation table which makes almost uniform calculation possible. （http://www.courts.go.jp/tokyo-f/vcms_lf/santeihyo.pdf）
Compensation for Act of Unchastity
Act of Unchastity (infidelity, adultery) are causes of divorce under the Civil Code (Section 770, Paragraph 1, Item 1 of the Civil Code) of Japan. Therefore, if one of the couple has committed un act of unchastity and caused the marriage relationship to collapse, the other can claim compensation due to illegal acts against both his/her spouse and his/her infidelity partner.
In this case, a causal relationship is required between the fact of an act of unchastity and the result that the marriage relationship collapsed in order to be compensated. Therefore, you cannot be compensated if the marriage relationship has already collapsed before the act of unchastity.
The most important thing is to prove the fact of unchastity.
The court will not accept the existence of unchastity simply by being suspicious. In order to prove the act of unchastity, you need to gather evidence that you can certify the existence of unchastity such as e-mails, photos, etc.
As for the amount of consolation fee, there is not a market price. It will be calculated from various factors such as degree of mental suffering suffered, marital duration, age, social position etc. The payment ability of the paying party also needs to be considered. As a whole, consolation fee rates in Japan are low, ranging from hundreds of thousands to about 4~5 million.
If you are suffering from a traffic accident, you can claim damages (such as medical expenses, hospital fees, supplementary nursing expenses, treatment equipment cost, hospital transportation expenses, funeral expenses etc.) and loss (such as revenue which was not obtained due to a traffic accident, etc.) to the perpetrator and his/her insurance companies.
In addition, you can claim an outpatient consolation fee according to the number of days hospitalized, and unfortunately if you have aftereffect, you can claim aftereffect consolation according to aftereffect class. In case the victim died, the victim's family can also claim death consolation.