Arrested in Japan: What Happens Next and What Family Members Can Do (Guide for Foreign Nationals)

2026/10/13

Last updated: October 13, 2026. Written by Daisuke Matsumura, Attorney at Law (Daiichi Tokyo Bar Association, Registration No. 59077), Funado International Law Office. WeChat ID: matsumura1119.

When a foreign national is arrested in Japan, the police and prosecutor can in principle hold that person for up to 23 days for each arrest before deciding whether to indict, and there is no bail during that period. What the person says in the first days, and how quickly a defense lawyer meets them, can shape both the criminal outcome and whether they can remain in Japan.

This guide is for foreign nationals in Japan and their families, many of whom live abroad. If you are worried about the visa consequences of a criminal case, see our separate guide, Will a Criminal Case Affect My Visa in Japan?

Key points

After an arrest, the police may hold the suspect for up to 48 hours, the prosecutor has 24 hours to request detention, and a judge may order detention of 10 days, extendable by up to 10 more days (Code of Criminal Procedure, Articles 203, 205, 207 and 208).
Bail is not available before indictment (Article 207(1), proviso). A court may also ban visits from anyone other than the defense lawyer (Article 81).
The suspect has the right to remain silent (Constitution of Japan, Article 38(1); Code of Criminal Procedure, Article 198(2)) and may refuse to sign a statement (Article 198(5)).
A foreign national can ask that the consulate of their country be informed of the arrest (Vienna Convention on Consular Relations, Article 36).
Family members, including those living abroad, can appoint a defense lawyer. Our firm works in Japanese and Chinese (Mandarin) and can be contacted by WeChat: matsumura1119.

What happens in the 23 days after an arrest in Japan?

The case moves through three stages: police custody of up to 48 hours, a prosecutor's request for detention within 24 hours, and court-ordered detention of up to 20 days. At the end, the prosecutor decides whether to indict, to request a summary fine, or not to prosecute.

Stage	Time limit	What happens	Legal basis
Arrest and police custody	Up to 48 hours	The police question the suspect and decide whether to send the case to the prosecutor.	Code of Criminal Procedure, Article 203
Prosecutor's review	Within 24 hours of receiving the suspect (and within 72 hours of the arrest)	The prosecutor questions the suspect and decides whether to ask a judge for detention (勾留).	Article 205
Detention ordered by a judge	10 days	The suspect is usually kept in a police station cell. Interrogations continue.	Article 207, Article 208(1)
Extension of detention	Up to 10 more days	The prosecutor may ask for an extension when there are unavoidable reasons.	Article 208(2)
Prosecutor's decision	By the end of detention	Indictment (起訴), summary order with a fine (略式命令), or non-prosecution (不起訴).	Articles 247, 248 and 461

The 23-day limit applies to each arrest; a re-arrest for another offense (再逮捕) can start a new period. After indictment, the person stays in custody unless bail is granted.

A defense lawyer can ask the prosecutor not to request detention, ask the judge not to order it, appeal against a detention order (準抗告), and argue for non-prosecution. For a foreign national, non-prosecution matters because it avoids a conviction, the trigger for most deportation grounds.

How can family members find out where the person is being held?

Start with the police station that made the arrest. Most suspects are held in that station's cells during the investigation. If the family cannot get information, a defense lawyer can confirm the location and visit.

The police may not give details over the phone to a caller whose identity they cannot confirm. Collect the following first:

the full name as written in the passport or residence card;
date of birth and nationality;
the address in Japan and the place where the arrest happened, if known;
the name of the employer or school, if any.

With this information, a lawyer can identify the police station and visit (接見). The person may be moved after indictment, so the location should be confirmed again later.

Will the embassy or consulate be told about the arrest?

Under Article 36 of the Vienna Convention on Consular Relations, the Japanese authorities must tell an arrested foreign national without delay that they may have their consulate informed, and must inform the consulate if the person requests it.

Japan and China have also concluded a bilateral consular agreement, which applies to nationals of mainland China alongside the Vienna Convention. Residents of Hong Kong and Macau are Chinese nationals, and consular protection for them is provided by the Chinese Embassy and Consulates-General in Japan. Japan does not have diplomatic relations with Taiwan; for Taiwanese nationals, the point of contact is the Taipei Economic and Cultural Representative Office in Japan.

The consulate can visit and help contact family members, but it does not act as defense counsel. Consular notification does not mean a lawyer has been arranged.

Can family members visit, and what is a visit ban?

Family visits are usually possible once the person is in court-ordered detention, but a court can prohibit all visits and letters from anyone except the defense lawyer (接見等禁止, Article 81). A defense lawyer can meet the person at any stage, without an officer present.

Visit bans are common when several people are suspected together, for example in fraud cases. Clothes, money and some daily items can usually still be delivered (差入れ), subject to the rules of each facility.

A defense lawyer can challenge a visit ban by filing an appeal (準抗告) or by asking the court to lift the ban partially, for example to allow a spouse or parents to visit. Ordinary visits are short, supervised by an officer, and conversations in a foreign language may be restricted unless an interpreter is arranged.

The defense lawyer's right to meet the suspect without an officer present comes from Article 39(1) of the Code of Criminal Procedure.

Should the person remain silent, and should they sign the police statement?

The suspect may remain silent throughout questioning and may refuse to sign any statement. Whether to speak, and what to say, should be decided after talking with a defense lawyer, not under pressure in the interrogation room.

The right to remain silent is protected by Article 38(1) of the Constitution of Japan, and the police and prosecutor must inform the suspect that they need not make statements against their will (Code of Criminal Procedure, Article 198(2)). No lawyer is normally present in the interrogation room in Japan, so the first meeting with a defense lawyer matters.

Statements (供述調書) are written by the investigator in Japanese as the suspect's own account. The statement is read back (Article 198(4)), the suspect may ask for corrections, and may refuse to sign or seal it (Article 198(5)). A signed statement can become evidence, so a person who does not fully understand it or disagrees with it should not sign.

Our firm actively requests that a defense lawyer be allowed to attend interrogations of foreign suspects. Such requests are rarely granted in Japan at present. Even so, discussing the interrogation with the officer in charge just before it begins, and making clear that the lawyer is watching how the questioning is conducted, has in many of our cases led to more favorable handling.

What language will interrogations be in, and how do interpreters work?

If the suspect does not understand Japanese, the police and prosecutor arrange an interpreter for interrogations, and the court must provide one at trial (Code of Criminal Procedure, Article 175). The defense lawyer's visits need a separate interpreter on the defense side.

The interrogation interpreter works for the investigation. At our firm, a Chinese-language interpreter on our staff or a Chinese lawyer (律师) on our staff accompanies the attorney on police station visits, so the suspect can speak in Mandarin without an investigation-side interpreter in the room.

If the suspect had difficulty understanding the interpreter, they should tell their lawyer, because inaccurate interpretation can affect the evidence.

How can family members outside Japan hire a lawyer?

A spouse, parent, child, grandparent or sibling of the suspect may appoint a defense lawyer directly (Code of Criminal Procedure, Article 30(2)), so the family does not need to be in Japan to start the defense.

A typical remote engagement with our firm works as follows:

The family contacts us by WeChat (matsumura1119), by phone, or through the contact form, and tells us the person's name, nationality and what they know about the arrest.
We explain the expected work and the fees before the family decides to engage us.
After engagement, the attorney visits the police station with a Chinese-language interpreter or our Chinese lawyer, meets the suspect, and confirms the facts and the suspect's wishes.
We report to the family in Chinese, within the limits of the suspect's confidentiality.

If the family cannot act quickly, the suspect can also request a duty lawyer (当番弁護士) through the local bar association, or, once detention has been ordered and the suspect lacks funds, a court-appointed defense lawyer (Code of Criminal Procedure, Article 37-2). A family may later appoint a lawyer of its choosing.

What is different when the arrested person is a tourist on short-term stay?

A tourist or business visitor on "Temporary Visitor" (短期滞在) status has a fixed period of stay, usually 15, 30 or 90 days, and that period may run out while the person is in custody. The defense must plan for both the criminal case and the person's departure or immigration handling from the start.

Visitors have no residence in Japan, which a court may weigh when considering detention or bail. When the criminal case ends, for example with non-prosecution or a fine, a person whose period of stay has expired may be handed over to the immigration authorities rather than simply being released. A lawyer can raise these points with the prosecutor early and coordinate the timing of release and departure.

A conviction can also affect future visits. Under Article 5(1)(iv) of the Immigration Control Act, a person sentenced to imprisonment of one year or more may be refused landing with no time limit, and drug convictions are covered separately by Article 5(1)(v).

What does our firm do at the first meeting at the police station?

At the first meeting, we explain the suspect's rights in Mandarin, hear their account, advise on how to handle interrogations, and explain how the case could affect their residence status under the Immigration Control Act.

Many foreign suspects accept a quick fine or suspended sentence without knowing that, for some offenses and statuses, these outcomes are grounds for deportation. We handle the criminal defense and the immigration side together.

We visit police stations throughout Japan, including outside Tokyo. Travel and other actual expenses are explained before engagement.

Frequently asked questions

How long can a foreign national be held after an arrest in Japan?

For each arrest, a suspect can in principle be held for up to 23 days before the prosecutor decides whether to indict: up to 48 hours with the police, up to 24 hours with the prosecutor, and up to 20 days of court-ordered detention. A separate arrest for another offense can start a new period.

Can the arrested person get bail during the investigation?

No. In Japan, bail is available after indictment, not during the investigation stage. Before indictment, release depends on the judge refusing detention, a successful appeal against detention, or the prosecutor's decision.

Can family members visit someone who has been arrested in Japan?

Family members can usually visit once the person has been placed in detention, unless a court has issued a visit ban. A defense lawyer can meet the person even when a visit ban is in place, and without a police officer present.

Does the arrested person have to sign the police statement?

No. A suspect may refuse to sign or seal a statement prepared by the police or prosecutor (Code of Criminal Procedure, Article 198(5)). The suspect may also ask for corrections before signing.

Can relatives in China or another country hire a Japanese lawyer for the arrested person?

Yes. A spouse, parent, child, grandparent or sibling can appoint a defense lawyer independently (Code of Criminal Procedure, Article 30(2)). Our firm can be contacted by WeChat (matsumura1119), and the engagement can be arranged without the family traveling to Japan.

Legal basis

Constitution of Japan, Article 38(1) (right to remain silent)
Code of Criminal Procedure, Articles 30(2), 37-2, 39(1), 81, 175, 198(2), 198(4), 198(5), 203, 205, 207, 208, 247, 248 and 461
Immigration Control and Refugee Recognition Act, Article 5(1)(iv) and (v)
Vienna Convention on Consular Relations, Article 36; Consular Agreement between Japan and the People's Republic of China

Contact

Firm	Funado International Law Office (舟渡国際法律事務所)
Attorney	Daisuke Matsumura (松村大介), Attorney at Law, Daiichi Tokyo Bar Association, Registration No. 59077
Address	3F Fuse Building Main, 3-4-10 Takada, Toshima-ku, Tokyo, Japan
Phone	+81-50-7587-4639 (in Japan: 050-7587-4639)
WeChat	matsumura1119
Languages	Japanese and Chinese (Mandarin)
Fees	Explained before you engage us
Website	https://matsumura-lawoffice.jp/ / Contact form

This page provides general information about Japanese law as of the date above. It is not legal advice for any particular case, and it is not a promise of any particular result; the outcome of each case depends on its own facts and evidence.

Arrested in Japan: What Happens Next and What Family Members Can Do (Guide for Foreign Nationals)