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What ARE your legal rights in Japan as a foreigner?

I wouldn't rule out making local friends because of a stereotype like that. People don't fit in neat little boxes like that, even in Japan. With that attitude, you're only cheating yourself
 
I wouldn't rule out making local friends because of a stereotype like that. People don't fit in neat little boxes like that, even in Japan. With that attitude, you're only cheating yourself

I think that there are plenty of local people in Tokyo that don't expect foreigners to act like them. In fact these stereotypes are basically perpetuated by long-term foreigners and inflicted upon the new generation of foreigners. I've had a long-term foreign guy in my local town angrily tell me in English "you can't just eat or drink outside the conbini, this is Japan". I told him that there are in fact no laws against it, and that I see Japanese doing it all the time. I clean up after my trash, and bother nobody.

There is absolutely nothing wrong with living in a foreign country and "acting like a foreigner", nor is there anything wrong with "breaking the rules" if it isn't hurting anyone or against the laws. What makes them "rules" if they aren't written down? I'd argue absolutely nothing... Our rights are the same as all human rights. That meaning yeah we really CAN do whatever we want.
 
In fact these stereotypes are basically perpetuated by long-term foreigners and inflicted upon the new generation of foreigners. I've had a long-term foreign guy in my local town angrily tell me in English "you can't just eat or drink outside the conbini, this is Japan". I told him that there are in fact no laws against it, and that I see Japanese doing it all the time. I clean up after my trash, and bother nobody.

There is absolutely nothing wrong with living in a foreign country and "acting like a foreigner", nor is there anything wrong with "breaking the rules" if it isn't hurting anyone or against the laws. What makes them "rules" if they aren't written down? I'd argue absolutely nothing... Our rights are the same as all human rights. That meaning yeah we really CAN do whatever we want.

Being a new foreigner in Japan does not mean that what you do is accepted by the Japanese and or long term foreigners, but a foreigner is more likely to point out what you are doing wrong.

If you want to be successful here, you will need to change your attitude.
 
foreigners trying hard to integrate are sometimes the most adamant defenders of the perceived rules, and pressure others into following arbitrary social norms which may not even be closely followed by locals. Your conbini example is a familiar story, I've seen younger Japanese disregard this as well. jt9258 is right that while more people might quietly disapprove, it's much more likely for a fellow foreigner to confront you about it.
 
Open confrontation about rules might come more from fellow foreigners, but if you don't hear about it from locals doesn't mean they aren't thinking about what the foreigners are doing wrong. This can lead to problems you may not even be aware of.
 
Open confrontation about rules might come more from fellow foreigners, but if you don't hear about it from locals doesn't mean they aren't thinking about what the foreigners are doing wrong. This can lead to problems you may not even be aware of.

Especially since one of the rules is not to tell foreigners what total jerks they're being.

Several months ago I was invited to tour a university and I misunderstood the intent. I thought it was an informal invitation from a friend to just take a look around on a Saturday afternoon. No problem, showed up in khakis and a polo shirt only to find it's a formal event with everyone in black and white only with ties and the whole semi-formal thing. My friend insists that I tour anyway, and I do (though I was incredibly aware of how ridiculous I looked). Today I had lunch with the head of the department and when the topic came up of the last event I mentioned it and how embarrassed I was to have made the mistake and even though the department head and his assistant brushed it off I could tell they were quite relieved that I had noted it and that I was checking into the dress code for the next event. It was after that when I was invited to do some guest lectures and I am positive that if I hadn't made obvious my recognition of my social gaff, and reassured them that it was unintended and would not happen again, that I would not have been invited.

I was also asked to find out if other professionals I know from a specific medical discipline would be interested in lecturing, and honestly one of my primary considerations is who I can invite who will not act inappropriately, even unintentionally.

You can do what you want, but it might limit what people want to do with you.
 
I'm kind of surprised by some of the things stated at the beginning of this thread. Claims that they can just take you to a police station for no reason and tell no one and hold you for 20 days? That's pretty out-there. The constitution says the following, do they just ignore their own constitution?
Article 33. No person shall be apprehended except upon warrant issued by a competent judicial officer which specifies the offense with which the person is charged, unless he is apprehended, the offense being committed.

Article 34. No person shall be arrested or detained without being at once informed of the charges against him or without the immediate privilege of counsel; nor shall he be detained without adequate cause; and upon demand of any person such cause must be immediately shown in open court in his presence and the presence of his counsel.
....

Article 37. In all criminal cases the accused shall enjoy the right to a speedy and public trial by an impartial tribunal.
He shall be permitted full opportunity to examine all witnesses, and he shall have the right of compulsory process for obtaining witnesses on his behalf at public expense.
At all times the accused shall have the assistance of competent counsel who shall, if the accused is unable to secure the same by his own efforts, be assigned to his use by the State.
 
I'm kind of surprised by some of the things stated at the beginning of this thread. Claims that they can just take you to a police station for no reason and tell no one and hold you for 20 days? That's pretty out-there. The constitution says the following, do they just ignore their own constitution?

Did you read the thread down to the part about the difference between being arrested and "voluntarily" accompanying the officers?

They follow the letter of the Constitution.

Notice there is nothing about having an attorney present during questioning. That holds whether you've been arrested or are there "voluntarily".

Notice there is nothing there about bail or pre-trial detention.

Notice that there is nothing there about jury trial. (A practice that was introduced only a very few years ago).

Notice that there is nothing there about double jeopardy. The prosecution may appeal a not-guilty verdict.

Police have adopted the practice of "re-arresting" (再逮捕) people when there are multiple charges involved. The maximum total hold on a person who has been arrested is 23 days before they either have to file charges or release someone. Re-arrest lets them start the clock fresh on a different charge at the last minute if it suits their purposes. Even without re-arrest, essentially the police...together with the prosecutor...have the power to jail anyone they can arrest (not detain) for up to 23 days. (Police hold is a maximum of three days before they must turn a case over to the prosecutor. Prosecutorial hold is a maximum of twenty days).

On a tangential note: in civil cases you don't have the power to subpoena anything from the defendant. You can imagine the trouble that causes gathering evidence to support your case if you're the plaintiff.
 
Did you read the thread down to the part about the difference between being arrested and "voluntarily" accompanying the officers?

They follow the letter of the Constitution.

Notice there is nothing about having an attorney present during questioning. That holds whether you've been arrested or are there "voluntarily".

Notice there is nothing there about bail or pre-trial detention.

Notice that there is nothing there about jury trial. (A practice that was introduced only a very few years ago).

Notice that there is nothing there about double jeopardy. The prosecution may appeal a not-guilty verdict.

Smooth, "Voluntarily". Yeah I've just been reading 'Debito' about it. Scary Kafkaesque stuff. I'm now memorizing 'reijou' and 'taiho'.

Actually there's a few more articles:
Article 38. No person shall be compelled to testify against himself.
Confession made under compulsion, torture or threat, or after prolonged arrest or detention shall not be admitted in evidence.
No person shall be convicted or punished in cases where the only proof against him is his own confession.

Article 39. No person shall be held criminally liable for an act which was lawful at the time it was committed, or of which he has been acquitted, nor shall he be placed in double jeopardy.
 
I must admit the existence of prosecutorial appeal just led me to assume no double jeopardy protection. It is certainly a hollow mockery of double jeopardy protection, with that being allowed.

I would take anything the Hokkaido Crusader has to say with a five pound bag of salt. You have to sift the Walter Mitty and Al Sharpton chaff out of his antics to get down to the wheat.
 
HanSolo,
Are you researching this type of information, or do you expect to face such problems when you're here? I mean, Debito's site has recorded a lot of horrible things that have happened to foreigners, yes. Keep in mind three things:
1. That's the job he has taken on, to record and post them.
2. Loudmouthed obnoxious foreigners bring it onto themselves. As long as you are even slightly aware of what happens here and how to react to it (unlike how you'd react in your home country!!!!!), you should have few to no problems.
3. Most foreigners have no problems.

Also, keep in mind that Debito is now living in Hawaii.
 
Just researching, it's important to know your rights. Governments have a track record of doing wrong at least as much as the general public, often far greater.
 
Just researching, it's important to know your rights. Governments have a track record of doing wrong at least as much as the general public, often far greater.

Unless you're out acting a fool you have very little to worry about.

If spoken to by the police, be calm, be polite, be cooperative, don't raise your voice, don't run, don't resist, and don't lay a finger on them for any reason whatsoever.

Carry your alien registration with you at ALL times. If asked for it, present it without pulling all that jailhouse lawyer nonsense Debito lays out. Chances are the encounter will be over in a few short minutes.


If taken to a police facility, ask them to call the bar association's on-call lawyer (touban bengoshi) and to notify your embassy.
 
"If spoken to by the police, be calm, be polite, be cooperative, don't raise your voice, don't run, don't resist, and don't lay a finger on them for any reason whatsoever."

The same advice applies to dealing with cops in America, no matter whether you're a citizen or not. If you run away, then turn and charge at them, they're probably going to shoot you.

If pulled over in traffic, keep both hands visible on the steering wheel until they ask you to show license and registration.

Be sure to advise them right away if you're carrying a loaded firearm. (Make this statement to a J-cop, and all hell would break loose, I bet.)

The big difference, as I see it here, is that a resident of the US doesn't automatically fall under suspicion for asserting his rights to remain silent and to obtain counsel. You have no duty to cooperate with a police investigation, although it is illegal to lie to them if you do choose to speak.

My own sole encounter with a Japanese policeman was so unexciting that I won't bore members by recounting it.
 
...My own sole encounter with a Japanese policeman was so unexciting that I won't bore members by recounting it.
I asked one for directions once and he had the slightest chuckle when I mispronounced the name of the station for which I was enquiring... I wonder if this is how Robert Davis felt?

To whom do I report this incredible abuse?
 
When I got randomly ID checked before I asked the purpose and the Police said he just wants to check my ID for my VISA expiry. I asked why, and he said a few foreign people in the area have been found to not have the appropriate VISA or overstayed their VISA expiry. I have no problem with it.

I have had my bike registration and car registration checked before too, those times they didn't have a reason, just said it's a random check. Being stopped in my car was a pain as it made me late for work and the Policeman got funny about providing me proof I had been stopped to show my boss for being late.
 
he said a few foreign people in the area have been found to not have the appropriate VISA or overstayed their VISA expiry. I have no problem with it.
i certainly would. They just dreamed up a perfect excuse, and that's all it is. Was it June or July? Months for annual foreigner checks, basically "make work" exercises.
 
i certainly would. They just dreamed up a perfect excuse, and that's all it is. Was it June or July? Months for annual foreigner checks, basically "make work" exercises.
@Glenski, is there a good way to counter this statement without pissing them off and giving them incentive to make your day even worse? Like asking for specific examples or some sort of documentation, since vague anecdotes are pretty lame. Or is it really a perfect excuse? I know when a cop asks for your ID and documentation you must provide it, but the blatant profiling and targeting of foreigners does irk me, especially when it directly inconveniences me!

"Some people were committing crimes in this area recently. They had hair and we noticed that you do as well, so obviously we have to stop you and go on a fishing expedition."
 
I have had my bike registration and car registration checked before too, those times they didn't have a reason, just said it's a random check. Being stopped in my car was a pain as it made me late for work and the Policeman got funny about providing me proof I had been stopped to show my boss for being late.

I`ve had a friend who was constantly checked for his bike registration now i don`t know if this was because he was a red head (great story to tell the grand kids of how you apprehended that raunchy red head) but its annoying when its the same cop.....i`ve only been checked once so far and cops didn`t give a damn about my visa all they wanted to see was my bike registration.....stealing bikes is consider a a foreigners past time......it also depends on the area i suppose
 
I am not sure if this information is relevant to you but here is a helpline for foreigners in Japan:
Helpline for Foreigners TEL:03-3964-7955....
@kosaten Thank you for coming here and sharing this information with us. From your message, it seems that you are a member of the APFS? I'm surprised I haven't heard of it before, it seems that the hotline is a recent development? This is very encouraging, I used a similar helpline in Korea (I believe it was run by their tourism board) and it was a lifesaver on more than one occasion.

You might want to get in touch with @thomas about how to promote your services. Since this is a service beneficial to foreigners in Japan, perhaps we can set up a featured thread or something. I do hope you stick around!
 
Do you get a "phone call?" If you are arrested, what are your rights... do you even have any?

What are you right as a foreigner ? :unsure: Maybe the right to run quick ...

Well, let's say you exit by the wrong gate a Shinagawa shinkansen station, the cop on duty will run after you, you'd better run quick because if he catches you he will beat you with his stick ...


japan-police.png
 
@misternada The last post to this thread was in 2016 and I don't really think you added anything to this topic. It is far more likely that the officer would stop you and ask you to go through the correct gate. We are talking about Japan after all, not Chicago. ;)
 
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