【Foreign National Cases】Non-Prosecution Secured in a Case Apparently Triggered by the Client's Foreign Nationality

Although Japan is generally regarded as a country governed by the rule of law, foreign nationals are sometimes subjected to discriminatory treatment during criminal investigations. We have handled cases involving only minor allegations where we genuinely questioned whether the individual would even have been investigated as a suspect had they been Japanese.

At times, we have encountered situations that suggest some investigators assume, simply because a person is a foreign national, that they are more likely to flee to their home country or disregard Japanese laws and social norms. Such assumptions can result in unnecessarily harsh investigative measures.

For foreign nationals, the consequences of a criminal conviction extend far beyond the criminal penalties themselves. A conviction may affect immigration status, including the right to remain in Japan, and can also jeopardize employment, family life, and future opportunities. In many cases, becoming involved in a criminal case can have life-changing consequences.

In this case, we negotiated a settlement with the victim and carefully presented to the prosecutor not only the minor nature of the alleged offense but also the severe and disproportionate consequences that a prosecution would have on our client's life. As a result, we successfully persuaded the prosecutor not to bring charges, and the case was concluded with a decision of non-prosecution. Thanks to this outcome, our client has been able to continue living and working in Japan.