Draft:Proxy punishment

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In Japan, the Proxy punishment (Japanese:代理処罰) refers to a request to a country to investigate and try a suspect who has committed a crime in that country, when the suspect has fled to his/her home country or a third country and the investigating authorities of the country where the crime was committed have no jurisdiction to investigate. The country punishing the offender is punished according to its own laws, not on behalf of the country where the offence was committed, and the request is not based on a treaty, etc., and is not legal, so it cannot be called a ‘system’. Officially, it is a form of foreign criminal punishment, but not all foreign criminal punishments are at the request of the country where the offence was committed.^[1].

Problems

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Translation of investigative documents and other procedures are complicated (in the case of Japan, this only applies to serious cases such as murder).
As prosecution and sentencing are based on the laws of the other country, penalties may be applied that do not match the sensibilities of domestic nationals.
There is a significant burden on surviving family members and victims to attend court hearings.

In Japan

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It has started to be applied in Japan in recent years, mainly due to the fact that the United States and South Korea are the only few countries that have signed extradition treaties with Japan.

Examples of application Since 1999, Japan has requested proxy punishment in 23 cases, involving 37 persons, by the end of 2006, and it has been applied in China (19), South Korea (14), Montenegro (2), Taiwan (1) and Thailand (1). In 2007, it also requested Brazil, whose Constitution prohibits the extradition of its citizens to foreign countries, to punish two people in two cases by proxy.

References

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^ "ブラジルとの犯罪人引渡し条約に関する請願 - 参議院". Retrieved Oct 15, 2024.

External links

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v t e Criminal procedure (investigation)
Criminal investigation	Arguido Arrest Arrest warrant Consent search Detention Exigent circumstance Knock-and-announce Miranda warning Pretextual stop Probable cause Reasonable suspicion Right to silence Search and seizure Search of persons Search warrant Suspect Terry stop	Law portal
Criminal prosecution	Adversarial system Bail Bill of attainder Criminal jurisdiction Deferred prosecution agreement Ex post facto law Extradition Grand jury Habeas corpus Indictment Inquisitorial system Nolle prosequi Precognition Preliminary hearing Statute of limitations
Charges and pleas	Alford plea Arraignment Indictment Information Nolo contendere Peremptory plea Plea Plea bargain Presentence investigation
Related areas	Criminal defenses Criminal law Evidence Evidence law in the United States Legal abuse
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Problems

In Japan

See also

References

External links