Under Japanese law, suspects cannot have court-appointed lawyers before being prosecuted. As a result, suspects will naturally be isolated after being accused or detained in criminal cases.
To cope with such circumstances Japanese Lawyers Associations around the country formed the “On-Duty Lawyer System”. Under this system, when a suspect requests the services of a lawyer from a Lawyers Association, the lawyer on duty at the time will visit the suspect at the police station and help protect his/her rights. A suspect’s family, friend or acquaintance can also ask for the services of a lawyer under this system. The services of an interpreter may also be asked for. The lawyer will explain basic information on the nature of the criminal case and its process. The suspect can discuss his/her anxieties and ask questions. The first interview is free of charge. However, from the second interview the suspect must pay for the lawyer's services. It is possible to ask the lawyer to become one’s representative lawyer. Lawyer’s fees vary from case to case, so suspects should ask what the expected costs will be at the first interview. Suspects who may not be able to pay the legal fees because of financial difficulties can make use of the Legal Aid Association’s “Lawyer’s Fees Financial Assistance System”, or after prosecution request the use of the “Court-Appointed Lawyer Service”.
In some cases the Migrant Workers Rights Fund run by the NGO Kobe Foreigners Support Net [GQ-net] is available. Ask your lawyer or the NGO GQ-net for information.
For information on this topic call:
* NGO Kobe Foreigners Support Net [GQ-net] at: 078-232-1290
Wednesdays: from 2:00pm to 8:00pm or Saturdays: from 11:00am to 5:00pm
(Consultation is available in English, Chinese, Korean, Spanish, Portuguese and Japanese)
* Kobe Foreigner’s Friendship Center [KFC] at: 078-731-6926
From Tuesday through Friday from 10:00am to 4:30pm
(Consultation is available in Vietnamese and Japanese)