When a foreign national is arrested or detained: check criminal proceedings and immigration status separately

What should a family member check immediately after a foreign national is arrested?

Family members and supporters should first make a short factual note.

• The person's name, other names, exact spelling in the Roman alphabet, date of birth, and nationality

• The date, time, and place of the arrest; the police station; and, if known, the case name and department in charge

• The person's first language and dialect, the languages they can read and write, and their level of Japanese comprehension

• Passport number, residence card number, status of residence, and period of stay

• Health information described above

• Address in Japan, people living with the person, employer, and school

• The consular authorities that the person and family want to contact

It is fine to leave unknown items blank. Do not fill them in by guessing. Tell the lawyer what is known.

Even if a family member asks for detailed information about the case, the police may not explain everything. If the family cannot confirm where the person is, they should record only facts confirmed by contacting the relevant police station, the person's employer, housemates, or another source.

For more information about a family's first steps, visits, and items that may be delivered, see What family members should do after an arrest.

What happens during the 72 hours after an arrest and during detention?

Criminal proceedings generally move through the following stages.

People sometimes describe this as "up to 23 days," but the actual deadlines must be checked based on the time of arrest, referral, the detention decision, and whether an extension was granted. The family should not decide the release date based only on the number of days, because a person may be arrested again in another case.

Detention is allowed when a judge finds reasonable grounds to suspect that the person committed a crime, that a statutory ground such as a risk of flight or concealment of evidence applies, and that custody is necessary (Code of Criminal Procedure, Articles 60(1) and 207(1)). A lawyer may present documents showing a fixed residence, family, work or school, ways to maintain contact, and ways to avoid contact with relevant people, and may challenge the need for detention.

What is the difference between a duty lawyer and court-appointed defense counsel?

Immediately after an arrest, one option is to request a duty lawyer. The duty lawyer service sends a lawyer to an arrested person. That lawyer provides advice about questioning and the next steps in the procedure.

According to the Hiroshima Bar Association's guidance, the first visit by a duty lawyer in this situation is free. The person can tell police or court staff, "Please call a duty lawyer." A family member can also apply through the bar association contact for the police station where the person is being held. Because contact details may change, check the Hiroshima Bar Association duty lawyer information (Japanese page).

A lawyer can meet with the person without police officers or other investigators present (Code of Criminal Procedure, Article 39(1)). This is the right to confidential communication with a lawyer (the right to speak with a lawyer without being overheard by investigative authorities). The person should tell the lawyer about the accuracy of the interpretation, what was said during questioning, documents they signed, injuries or medication, and anything they want to tell their family.

The defense lawyer who represents the person afterward may be a privately retained defense lawyer, paid for by the person or family, or court-appointed defense counsel, selected by the court under certain conditions. After detention, court-appointed defense counsel may be appointed even before indictment (Code of Criminal Procedure, Article 37-2(1)). Do not assume that court-appointed counsel is automatically assigned immediately after arrest. First request a duty lawyer.

How should a person respond to questioning and the statement record if they do not understand Japanese?

Being able to understand some English or manage everyday conversation does not necessarily mean that the person can accurately understand criminal proceedings. Clearly communicate the following:

• The language and dialect in which the person can speak most accurately

• The scripts or writing systems they can and cannot read

• Whether they can understand Japanese explanations of laws, dates, times, quantities, and parts of the body

• Any problem with the interpreter's language, speed, or dialect

• Any point where the question and answer do not seem to match

The right to remain silent means that a person need not make a statement against their will (Code of Criminal Procedure, Article 198(2)). Whether to remain completely silent or answer only some questions, and how to use this right in the particular case, should be discussed with a lawyer.

When shown a statement record, check at least the following:

1. Whether the entire record was accurately translated into a language the person understands

2. Whether it adds something the person did not say, changes the meaning of what they said, or leaves something out

3. Whether requested corrections were made

Investigators must let the person inspect the statement record or read it aloud, ask whether it contains errors, and record any requested corrections (Code of Criminal Procedure, Article 198(4)). If the person signs or affixes a seal, they should do so only after understanding the record and confirming that it is correct. They may refuse to sign or affix a seal (Article 198(5)).

Do not sign just because an interpreter is present. If the interpretation does not seem accurate, tell the lawyer what you remember about when it happened, who interpreted, and what words were translated in what way.

For more information about the role of an interpreter, see Foreign defendants and criminal-court interpreters. If the person has not been arrested and the police have asked them to come voluntarily, first see What to do when the police ask a foreign resident to come in.

What can family members do about visits, delivered items, and medication?

Whether a family member can visit and what may be delivered depends on the facility, day, time, stage of the case, and court decisions. If there is a court order restricting visits, letters, or other contact with family and acquaintances, the family may not be able to visit (Code of Criminal Procedure, Articles 81 and 207(1)). As a rule, a lawyer can meet with the person confidentially (Article 39(1)).

The family should ask the facility about the following:

• Who may visit, visiting days, reception hours, and required identification

• Whether cash, clothing, glasses, letters, and other items may be delivered

• Where to provide information about medical conditions, prescribed medication, and medical visits

• How foreign-language books, religious items, and dietary needs are handled

Do not assume that letters in the person's native language can be sent and received, or that the person's native language can be used during a family visit; confirm each point individually. Tell the lawyer, as far as you can, which language the person wants to use, whom they want to contact, and what they want to convey by letter or during a visit. The family should separately confirm with the facility and the lawyer whether letters in that language can be sent and received, whether it can be used during visits, and how translation will be handled. If the answer is unknown or the request is difficult, tell the lawyer the answer and why, and ask about another way to communicate. Do not let the family decide on contact or a method the person does not want.

If the person has relevant circumstances, organize, to the extent you can, what is needed and when—for example, prayer, fasting, religious items, or dietary accommodations—and confirm it individually with the facility. Do not take a response or permission as a matter of course; begin the confirmation with the person's wishes.

Medication cannot always be handed directly to the person. Make a note of the medication name, dosage, prescribing hospital, and the risk of not taking it, and quickly tell the facility and the lawyer. Before explaining the situation to the employer or landlord, confirm the person's wishes and the possible effect on the case with the lawyer.

What can a consulate do?

If a foreign national is arrested, held by the police, or detained, the person should state whether they want their country's consular authorities contacted. The rules for consular notification may differ depending on treaties with the person's country of nationality.

In general, a consulate may help confirm nationality and passport information, contact family, and provide information about local systems and lawyers. A consulate is not the person's criminal defense lawyer in Japan. Legal advice about questioning, objections to detention, bail applications, and defense at a criminal trial should be obtained from a lawyer.

For a person with two or more nationalities, uncertainty about nationality, or refugee or complementary-protection issues, deciding which country to contact may itself be important. If there are circumstances affecting the person's safety, tell the lawyer before contacting a consulate.

When and based on what circumstances is bail decided?

Bail is a system under which a defendant who has been indicted may be temporarily released from custody during the trial, subject to conditions such as paying a security deposit (Code of Criminal Procedure, Articles 88(1), 93(1), and 94(1)). Bail can be requested only after indictment (Article 207(1), proviso, excludes bail before indictment). Before indictment, the lawyer considers an objection to the detention decision and activities aimed at release, rather than bail.

The court checks risks such as flight or hiding evidence and the disadvantages caused by continued detention (Code of Criminal Procedure, Article 90). Nationality alone does not decide the result. However, housing, passport, status of residence, family, work, and the way the person will attend court may relate to the assessment of flight risk.

When considering bail, tell the lawyer the following:

• The specific address where the person will live after release and the consent of anyone living there

• The person who will supervise the defendant and support the defendant's attendance at court

• Relationships with family, employer, school, and the local community

• Specific ways to avoid contact with victims, co-suspects, witnesses, and others involved

• Possible ways to keep the passport and residence card or prevent departure from Japan

• Status of residence, period of stay, and any need for renewal or other applications

• Disadvantages of continued detention, including medical visits, caregiving, childcare, and work

• How the security deposit would be funded

Providing this information does not guarantee that bail will be granted. The decision is made case by case, taking account of the charge, facts, evidence, relationships with relevant people, and past attendance at court.

Does an arrest cause loss of status of residence or lead to deportation procedures?

Arrest, criminal trial, status of residence, and deportation procedures are not the same thing.

Deportation procedures are administrative procedures that check whether a ground for deportation under Article 24 of the Immigration Control and Refugee-Recognition Act applies. The issues may include not only crime-related grounds, but also overstaying, illegal entry, and activities outside the permitted scope.

Deportation procedures may proceed separately while the person is being held in a criminal facility (Immigration Control and Refugee-Recognition Act, Article 63(1)). For that reason, give the criminal defense lawyer the residence card and passport, past immigration applications, family-relationship documents, work and address information, and tax and social-insurance documents as soon as possible. If necessary, coordinate with a lawyer or other professional who handles immigration matters.

Also check the period of stay. An arrest or detention does not automatically extend it. If the period is close to expiring, has already expired, or the residence card cannot be found, check with a lawyer and the Immigration Services Agency of Japan whether an extension or other procedure is needed and how it can be filed.

Special permanent residents are treated differently under the law from people with ordinary statuses of residence. Do not reach a conclusion from a general article alone; check the individual circumstances.

If the case is not prosecuted or the sentence is suspended, will there be no effect on residence in Japan?

A non-prosecution decision means that the public prosecutor does not ask for a criminal trial. It is not the same system as an acquittal. Suspension of the execution of the entire sentence means that, although a court imposes a sentence, such as a custodial sentence, after a guilty judgment, its execution is suspended for a specified period (Penal Code, Article 25(1)). It is not an acquittal.

Even after a non-prosecution decision or suspended sentence, check the following separately:

• Whether the case itself involves a violation of immigration law

• Whether the person's actual work or activities fit the status of residence

• Whether the period of stay has expired

• If the sentence is suspended, whether the charge and sentence in the judgment relate to a ground for deportation

• Whether there are circumstances affecting revocation of status of residence or a future renewal or change

• Living circumstances such as a spouse or child in Japan, a long residence history, work, or illness

Conversely, not every foreign national who receives a guilty judgment will have the same result. The applicable laws and procedures differ depending on the charge, sentence, status of residence, whether the person is a special permanent resident, and family and living circumstances.

For more information about immigration-related issues, see Status of residence and legal trouble.

What circumstances do the court and immigration authorities check?

In general, the seriousness of a criminal sentence is determined mainly by the circumstances of the crime itself, such as the result, danger, motive, and background. The court may also consider compensation for the harm, prior convictions, remorse, and the person's living environment after release.

In cases involving foreign nationals, language and immigration issues can mean that explanations of the facts and materials about the person's living circumstances are incomplete. Document those facts and living circumstances objectively as follows.

The outlook cannot be assessed from these documents alone. It can be considered only after comparing the prosecutor's position, evidence, the person's explanation, and countervailing circumstances. At an early stage, organize the goals of the criminal case and the goals relating to residence so that they do not conflict.

For example, the documents and immigration response may differ depending on whether the person wants to return home quickly or continue living in Japan with their family. Do not let the family decide a course of action without confirming the person's wishes.

What information and documents should be prepared before a consultation?

• The person's name, other names, spelling in the Roman alphabet, date of birth, and nationality

• Place of detention, date and time of arrest, outline of the case, and documents received from the police, prosecutor, or court

• First language, dialect, languages the person can read and write, and level of Japanese comprehension

• Passport, residence card, status of residence, period of stay, and past application documents

• Addresses in Japan and abroad, and history of entry to and departure from Japan

• Documents showing family relationships, such as spouse, children, and parents

• Employment contract, employer, school, pay, tax, and social-insurance documents

• Health information described above

• Messages, photographs, videos, contracts, receipts, location data, and other materials related to the case

• Relationship with victims, co-suspects, witnesses, and others involved. Do not contact them yourself; tell the lawyer

• What the person wants, such as release, denial of the allegation, a settlement, returning home, or continuing to live in Japan

Do not throw away originals, delete messages, or ask people involved to coordinate their stories. This may lead to suspicion that evidence was hidden and may be unfavorable in decisions about detention, bail, and the trial.

If court documents have arrived, see What to do when a foreign national receives criminal-court documents.

Frequently asked questions

Will I be deported immediately if I am arrested?

An arrest alone does not immediately result in a deportation decision. Criminal proceedings and immigration procedures are separate. However, if there is a suspicion that a ground for deportation under immigration law applies, immigration procedures may proceed during or after the criminal proceedings.

Can family members see the person?

It depends on the facility's visiting rules and whether a court order restricting visits applies. Even if family members cannot visit, a lawyer can generally meet with the person confidentially. First check with the facility and a lawyer.

Can bail be requested immediately after arrest?

Bail is a system available after indictment. Before indictment, the lawyer considers an objection to the detention decision and activities aimed at release.

Is an interpreter unnecessary if the person can manage everyday Japanese conversation?

Everyday conversation and accurate understanding of criminal proceedings are different. Check whether the person understands the charge, rights, dates, quantities, and detailed wording in the statement record. Tell the authorities and the lawyer at the time if a word is unclear or may have been mistranslated.

Is it safe to sign a statement record made through an interpreter?

The presence of an interpreter alone is not enough. Confirm that the person understands the whole meaning, that it matches what they said, and that requested corrections were included. If this cannot be confirmed, consult a lawyer before signing or affixing a seal.

Can the person stay in Japan if the sentence is suspended?

A suspended sentence is not an acquittal. Check the charge, sentence, status of residence, grounds for deportation under immigration law, and family and living circumstances separately. A suspended sentence alone cannot guarantee continued residence in Japan.

Will a non-prosecution decision have no effect on status of residence?

Even after a non-prosecution decision, separate immigration issues may remain, such as overstaying, activities outside the permitted scope, or a false application. Check the facts of the case, the reason for the decision, and the current immigration status.

Can the consulate have the person released?

A consulate does not have authority to decide or order a person's release, and it is not a criminal defense lawyer. Its support concerning nationality, passport, and family contact is separate from a lawyer's legal response.

Does the period of stay automatically extend if it expires during detention?

No. While the person is being held, quickly check the period of stay, the required procedure, and how to file. Contact a lawyer and the Immigration Services Agency of Japan about those steps.

Would you like to organize the arrest, detention, and immigration issues together?

After an arrest, the procedure moves forward quickly. Send the following information if you have it, but do not wait until everything is complete.

• Police station where the person is being held and the date and time of arrest

• Nationality and language or dialect the person understands

• Status of residence and period of stay

• Outline of the case and communications received from the police or court

• Urgent health, family, or work circumstances described above

• Whether the person has already spoken with a duty lawyer or another lawyer

Send the consultation details through the web intake form

If the matter is urgent, use not only the web intake form but also the Hiroshima Bar Association duty lawyer service. Criminal-defense and immigration-status reviews should not be assumed to have the same outcome. Where necessary, lawyers and other professionals who handle both areas should coordinate their review.

If you are a victim of a crime, see Crime-victim consultation for foreign residents.

Official materials

• Criminal cases Q&A (Courts in Japan) (Japanese page)

• Court interpreters (Courts in Japan) (Japanese page)

• Arrest, criminal cases, and duty lawyers (Hiroshima Bar Association) (Japanese page)

• Deportation procedures and the departure order system (Immigration Services Agency of Japan) (Japanese page)

• Investigation of violations and appearance before immigration authorities (Immigration Services Agency of Japan) (Japanese page)

• Code of Criminal Procedure (e-Gov Law Search) (Japanese page)

• Penal Code (e-Gov Law Search) (Japanese page)

• Immigration Control and Refugee-Recognition Act (e-Gov Law Search) (Japanese page)

This article was prepared using official materials checked as of September 25, 2026. Laws, systems, and contact points may change; check the latest information in each actual case.