DRUG CRIME

1 Types of drug offenses

There are several types of illegal drugs such as stimulant, cannabis, cocaine, heroin, marijuana, opium, psychotropic drugs, thinner, LSD and MDMA, etc. New drugs may be designated in the future. The possession, use, sale, manufacture, cultivation, import or export etc. of these drugs can be a crime. It is necessary to point out that the import into Japan of medicinal cannabis or cannabis for pleasure or other drugs that are legal in some foreign countries is illegal and constitutes a crime in Japan. The argument that he did not know Japanese law does not hold up, and ignorance of the law is not a reason to deny the crime.

2 Criminal Procedure

Drug crimes are part of a series of crimes and will be investigated and tried according to the same criminal procedure as the other crimes. There are two main types of crime investigation by the police and the prosecutor's office. One is an investigation in which the person is detained and imprisoned at the police station, and the other is an investigation in which the person is not detained, but leads a normal life and only goes to the police or prosecutor's office when the police or the prosecutor calls him. In the case of drug crimes, when the police obtain certain evidence, the person is usually arrested and the investigation does not usually continue at home. If he is arrested, the person is detained for up to 23 days, during which time the disposition is decided. There are three main types of disposition; Non-indictment, summary indictment and bring to trial. The result of non-indictment means not being guilty and not obtaining a criminal record. The result of summary indictment means that a fine is imposed with the consent of the suspect and does not take the case to trial. The summary indictment is only adopted if the suspect admits his guilt and if a fine is sufficient punishment. However, many drug-related crimes are not resolved only with a fine, but proceed to trial. If the case goes to trial, the result is announced at the end of it. However, in Japan there is a 99.8% chance that she will be found guilty at trial. One of the main reasons for the 99.8% conviction rate is that prosecutors do not accuse if there is not enough evidence. In other words, although there are doubts, they do not usually take the case to trial and do not accuse if there is not enough evidence. If the case is brought to trial, it is usual for the detention to be prolonged after the aforementioned maximum of 23 days. The trial can take up to a minimum of a month and a half, and usually several months, to complete. However, the duration of the trial depends on the nature of the alleged crime and whether the suspect admits the crime, etc. However, the suspects have a means to request parole, namely, the request for bail after the prosecutor gives an order. However, the chances of being granted the bail request are not high. The judge decides whether to grant bail after carefully assessing whether the suspect is likely to flee or destroy evidence if released. In general, the lighter the crime, the more likely it is that bail will be granted. For example, it is relatively likely that the bail will be granted in the event that the crime is the possession of small amounts of cannabis. In addition, you will have to provide a security deposit of at least 1.5 million yen. If the suspect cannot provide it himself, he will have to borrow it from a family member or request a lender to lend him the guarantee money. This deposit will be returned to you after the end of the trial.

3 Sentences for drug offenses

The judgment of the trial will vary greatly depending on the type of drug, the amount of it, the form of the crime (possession, use, transfer, import, commercial purposes, etc.) and whether it is a first crime for the accused. If it is the first time that the accused commits a crime, the sentence is usually a conditional conviction. This means that he is sentenced to not need to go to jail if he does not commit new crimes for a period of certain years later. However, the import of drugs for profit, the possession or import of large quantities of drugs can result in a prison sentence, even for a first crime.

4 Relationship with residence status

If a foreigner commits a crime, the question of residence status arises. The relationship between the outcome of a criminal case and residence status is regulated in a complex way, with different conclusions depending on the type and result of the crime and the residence status you have. However, the provisions relating to drug offences are relatively simple. The law says that if you are convicted of most drug crimes, regardless of the content of your residence status, you are legally deported. He will also be denied entry into Japan forever. In other words, even if a permanent resident receives a suspended sentence for possession of a small amount of cannabis, the law establishes in principle that the person will be deported and that he cannot enter Japan forever. Therefore, Japanese immigration laws are very strict against drug crimes. Therefore, if a foreign person is convicted of a drug offence, he will always proceed to an immigration procedure after the criminal proceedings. This means that after being released from custody after a suspended sentence, she can be detained in an immigration center for deportation proceedings. As mentioned above, the foreign person with the guilty verdict of a drug crime will always be legally deported and will be banned from entering Japan again, but depending on the person's circumstances, the Immigration Office may grant a special residence permit. For example, if the person has a spouse or children in Japan, has lived legally in Japan for a long period of time, and if the crime is not too serious, he or she may be granted a special residence permit.