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There is no extradition treaty with Germany for extradition traffic with Japan, but extradition to Japan is still possible in individual cases.
If, in individual cases, extradition to Japan appears possible in a reasonable time on a non-contractual basis, provisional extradition custody may be imposed for the duration of the German extradition proceedings. However, a German citizen would not be extradited to Japan.
No extradition request from Japan has been received in Germany in recent years. Japan is characterized by the three value systems Shintoism, Buddhism and Confucianism and is said to have a low crime rate compared to Western countries, partly because of the crime inhibiting effect of culture.
In commercial criminal law, too, offences such as bribery, acceptance of benefits or competition offences are only perceived to a relatively limited extent, although those familiar with Japan express the presumption that the offences occur. For years, however, Transparency International has reported a relatively low corruption index for Japan, where Japan is regularly placed in the top third.
It should be noted that the crime rate in Japan also increases demonstrably in times of economic crisis. At times, this even led to a significant increase in "minor" crime in Japan. There was an increase in shoplifting and embezzlement, while other property crimes such as fraud remained at a consistently low level. In Japan, community service is favoured over prison for minor offences.
Prison occupancy is - measured by German conditions (75 prisoners per 100,000 inhabitants) and American conditions (690/100,000) - low in Japan (37/100,000). According to reports, the largest prison, the Fichu prison in Tokyo, regularly houses about 500 foreign prisoners. There is a very strict regime, even talking to others is only allowed at times, silence is considered the most effective means of coercion. Insiders guarantee that there are no drugs in circulation in Japanese prisons. It is strikingly high that 45% of prisoners in Japan relapse after their release and commit new crimes.
Japan is a member of Interpol and although there have been no arrests in Germany due to Japanese tenders, it is known in the industry that Japan is currently seeking several people through Interpol with international arrest warrants.
Our firm maintains a 24 Hour Emergency Line +49(0)172-2112373 or +49(0)172-7056055
Rechtsanwälte Dr. Martin Rademacher & Lars Horst, LL. M. - Germany