Criminal Defense and Immigration Lawyer in Tokyo for Foreign Nationals | Funado International Law Office
2026/10/12
Last updated: October 12, 2026. Written by Daisuke Matsumura, Attorney at Law (Daiichi Tokyo Bar Association, Registration No. 59077), Funado International Law Office.
Funado International Law Office (舟渡国際法律事務所) is a law firm in Toshima-ku, Tokyo, led by Japanese attorney Daisuke Matsumura. It represents foreign nationals in Japan, mainly Chinese nationals, in criminal cases and in immigration cases such as deportation (退去強制), special permission to stay (在留特別許可) and cancellation of residence status, and it handles the criminal case and the immigration consequences as one matter.
Key points
- In Japan, a suspect can in principle be held for up to 23 days before indictment, and there is no bail before indictment.
- You have the right to remain silent (Constitution, Article 38(1)) and you may refuse to sign a statement written by the police (Code of Criminal Procedure, Article 198(5)).
- A criminal sentence can lead to deportation. For drug offenses, even a fine or a suspended sentence can be a ground for deportation.
- Our firm actively requests that a lawyer be present during police interrogations of foreign suspects. Such requests are rarely granted in Japan, but discussing the interrogation with the officer in charge beforehand has often led to favorable outcomes.
- We work in Japanese and Chinese (Mandarin). A Chinese lawyer (律师) is on staff. WeChat ID: matsumura1119.
What happens after a foreign national is arrested in Japan?
The police may hold the suspect for up to 48 hours, the prosecutor then has 24 hours to request detention, and a judge may order detention for 10 days, extendable by another 10 days. In total, a suspect can in principle be held for up to 23 days for each arrest before the prosecutor decides whether to indict.
| Stage | Time limit | Legal basis |
|---|---|---|
| Police custody after arrest | Up to 48 hours | Code of Criminal Procedure, Article 203 |
| Prosecutor's request for detention | Within 24 hours of receiving the case | Article 205 |
| Detention (勾留) ordered by a judge | 10 days, extendable by up to 10 more days | Articles 207 and 208 |
| Decision on indictment | Indictment, summary fine, or non-prosecution (不起訴) | Articles 247, 248 and 461 |
Bail (保釈) is only available after indictment (Article 207(1), proviso). During the investigation, a court may also prohibit visits from anyone other than the lawyer (接見禁止, Article 81), so the lawyer is often the only person who can meet the suspect. Your consulate can be notified of the arrest (Vienna Convention on Consular Relations, Article 36; bilateral consular agreements also apply to some countries, including China).
How does a criminal case affect residence status in Japan?
It depends on the offense, the sentence and your residence status. Drug offenses are the most dangerous: any conviction can be a ground for deportation.
| Outcome | Work, study, dependent and other Table I statuses | Permanent resident, spouse of a Japanese national and other Table II statuses |
|---|---|---|
| Drug conviction (fine, suspended or actual sentence) | Ground for deportation (Immigration Control Act, Article 24(4)(chi)) | Ground for deportation (Article 24(4)(chi)) |
| Imprisonment (拘禁刑) for theft, fraud, injury, forgery and other listed Penal Code offenses, even if suspended | Ground for deportation (Article 24(4-2)) | Not a ground by itself, but it can affect renewals and permanent residence |
| Actual imprisonment of more than one year (the unsuspended part exceeds one year) | Ground for deportation (Article 24(4)(ri)) | Ground for deportation (Article 24(4)(ri)) |
| Fine for a non-drug offense | Generally not a ground for deportation by itself, but renewal may be refused for lack of good conduct | Generally not a ground for deportation by itself |
| Non-prosecution (不起訴) | Best outcome for residence status. Our first goal in every case. | |
Special permanent residents are subject to a separate law (the Special Act on Immigration Control) and are treated differently. Even when deportation proceedings begin, special permission to stay may be granted by the Minister of Justice based on family ties, length of residence and other circumstances (Article 50). If it is refused, the decision can be challenged in court.
Why choose Funado International Law Office?
We handle the criminal case and the immigration case together, we are prepared to litigate against the government, and our cases have been discussed in Japanese legal journals.
- A Chinese lawyer is on staff, and you can contact us in Chinese by WeChat.
- We have obtained a partial acquittal in a stimulant drug case.
- We litigate administrative cases. Issues from our cases have been discussed in legal journals, including Hogaku Kyoshitsu No. 534, p. 124 (Masao Okitsu) and Jichi Kenkyu Vol. 102, No. 6, p. 3 (Yasutaka Abe).
- Our other results include relief for a person wrongly issued a stalker warning, relief in an illegal employment facilitation case, special permission to stay, and withdrawal of an unlawful administrative disposition.
- We request that a lawyer be present during interrogations of foreign suspects.
Frequently asked questions
Can I consult your firm in English?
Our working languages are Japanese and Chinese (Mandarin). Please contact us and describe your situation.
Can a family member living outside Japan hire you?
Yes. Family members in China or elsewhere can contact us by WeChat, and the engagement can be arranged remotely.
Will remaining silent hurt my case?
The right to remain silent is guaranteed by the Constitution, and silence itself must not be treated as evidence of guilt. Whether and how to speak should be decided with your lawyer before the interrogation.
If I receive a suspended sentence, can I stay in Japan?
Not always. For drug offenses, and for listed Penal Code offenses committed by holders of Table I statuses, a suspended sentence is still a ground for deportation.
Do you handle cases outside Tokyo?
Yes. We accept consultations from anywhere in Japan.
Legal basis
- Constitution of Japan, Article 38(1)
- Code of Criminal Procedure, Articles 81, 198, 203, 205, 207, 208, 247, 248 and 461
- Immigration Control and Refugee Recognition Act, Articles 24(4)(chi), 24(4)(ri), 24(4-2) and 50
- Vienna Convention on Consular Relations, Article 36
Contact
| Firm | Funado International Law Office (舟渡国際法律事務所) |
|---|---|
| Attorney | Daisuke Matsumura (松村大介), 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 |
| matsumura1119 | |
| Website | https://matsumura-lawoffice.jp/ |
Related pages: Chinese (简体中文) / Japanese (日本語) / Drug Offenses and Residence Status in Japan
This page provides general information and does not guarantee the outcome of any individual case.