Anybody can be arrested, and held for up to 23 days before being charged with a crime. When a suspect is arrested, he is informed of two rights, analogous to Miranda rights. The first is the right to remain silent. The second is the right to have an attorney at the trial.
Mokusatsu (黙殺) is a Japanese word meaning "ignore", "take no notice of" or "treat with silent contempt". It is composed of two kanji characters: 黙 (moku "silence") and 殺 (satsu "killing").
The legal system of Japan is based upon civil law. Under Japanese criminal law, the accused is innocent until proven guilty and the burden of proof rests with the prosecutor. The defendant must be given the benefit of the doubt.
The Japanese Constitution of 1946 in its Art. 21 provides: Freedom of assembly and association as well as speech, press, and all other forms of expression are guaranteed. No censorship shall be maintained... Freedom of expression is thus constitutionally guaranteed in Japan.
In Australia, there is a fundamental common law right to silence, which means that you cannot be compelled to incriminate yourself. The prosecution carries the burden of proving the allegations against you 'beyond reasonable doubt'. If the prosecution fails, the accused will be acquitted of the charge(s).
Under Article 38 of the Constitution of Japan, no person shall be compelled to testify against him/herself, nor shall a forced confession be used as evidence.
According to the Constitution of Japan under Article 38(1), no person is allowed to testify against themselves.
If you refuse to come to the Court as a witness you may be served with a subpoena. This is an order of the Court which tells someone that he or she must come to Court on a particular date. It is an offence to disobey a subpoena. If you do not come to Court you may be arrested.
You have the right to remain silent, whether you have been stopped in the street, have agreed to go to the police station or are under arrest. However, the police do have the power to ask you basic questions and in some situations, you may be breaking the law if you refuse to answer.
In Australia, there is a fundamental common law right to silence, which means that you cannot be compelled to incriminate yourself. The prosecution carries the burden of proving the allegations against you 'beyond reasonable doubt'. If the prosecution fails, the accused will be acquitted of the charge(s).
There is no law that says you have to carry ID, BUT if a police officer believes you have given a false name, address or age, they can detain you to figure out who you are. If you are driving a car (including on a 'L' or 'P' plate) then it is an offence to fail to produce your driver's licence if the police request it.
After the second ten-day period, the prosecutor must bring an indictment against the suspect or release him. Anybody can be arrested, and held for up to 23 days before being charged with a crime. When a suspect is arrested, he is informed of two rights, analogous to Miranda rights.
Property rights are generally respected. People are free to establish private businesses, although Japan's economy is heavily regulated. While personal social freedoms are mostly protected, there are some limitations.
The Constitution provides for freedom of religion, and the government respects this right in practice. At all levels, the Japanese Government seeks to protect this right in full and does not tolerate its abuse, either by governmental or private actors.
Other factors come into play, as well. Compared to the rest of the world, Japan has extremely low rates of poverty, unemployment and drug use. All of these societal factors combine to make Japan one of the safest countries in the world.
In 2020, Japan ranked 9th in the sub-ranking "criminal justice" in the World Justice Project's Rule of Law Index, second highest among G7 countries.
Power of the Prosecutor
MURAOKA It's said that Japan's judicial system is based on the idea that it is better to let a hundred guilty people go free than falsely convict one innocent person.
In a 2007 paper on the cultural importance of silence, Takie Lebra identified four dimensions of Japanese silence - truthfulness, social discretion, embarrassment and defiance.
In Japan, being quiet or calm is considered as a virtue which comes from Samurai period, so in the place, Japanese people tend not to be fond of being too friendly, especially when they talk with strangers.
1. “Hara ga tatsu.”= I'm irritated. / I'm angry. This is one of the most common phrases that is used to describe general anger.
If the police suspect your mobile phone holds evidence to a crime, they can apply to a magistrate for an order pursuant to section 3LA of the Crimes Act 1914 (Cth). The order will stipulate that you must disclose the mobile phones password. Any failure to comply with the order will have consequences.
Is it legal to film police? (filming police) You have a legal right to film in public. Therefore, you can film or take photos of police when they are performing their duties if they are in public.
The results of a national survey of public attitudes to police and police services reported here indicates that Australians are more respectful of their police, and pleased with the assistance they provide, than some observers have suggested.
You cannot refuse to be a witness. A person that has been given a subpoena to attend a court to give evidence must comply with the subpoena. A court can issue a warrant for the arrest of a witness who does not attend.
Spousal privilege is a term which renders a witness immune to giving information that may incriminate their spouse. This privilege existed for hundreds of years until an Australian case in 2011, which found that there is no generally accepted substantive rule allowing spousal privilege.