IMPORT OF DRUGS

1. Increase in drug import cases

I have the impression that cases of illegal drug imports have increased rapidly since the end of last year, when entry restrictions were lifted due to the coronavirus. This article provides a basic explanation of the crime of importing drugs.

2. Importing drugs for profit is one of the most serious crimes

What image do you have of the import of illegal drugs? Some may be surprised to know that importing drugs is one of the most serious crimes. In Japan, certain serious crimes are punished in the form of jury trials ("Saibanin saiban" in Japanese.). Certain serious crimes are murder, robbery resulting in death or injury, arson of a currently occupied building, extortion and reckless driving homicide, etc. All these are crimes that carry serious penalties. The import of methamphetamine (stimulant, or "Kakuseizai" in Japanese) for profit is also considered a serious crime, as are these, and will be tried in the form of jury trials. Even if drugs other than stimulants are imported, the case will be subject to jury trials under certain conditions. In conclusion, in many cases of importing drugs they are punished in the form of jury trials. Depending on various circumstances, such as the amount of imported drugs, type of drugs, etc., drug import sentences would be prison sentences of 4 to 13 years and a fine of 2 to 7 million yen generally. Unlike the aforementioned crimes, there are no direct victims of drug imports. Murder, kidnapping, dangerous driving that causes death, etc. have a specific individual victim. In other words, the victim of drug imports is society as a whole, not a particular individual. I have the impression that many people do not understand that such a serious punishment can be imposed because of this reason.

Drugs destroy people's minds and bodies, and if they are generalized, they will destroy the mind and body of many people. In addition, the influence of drugs can lead to other serious crimes, such as murders and arson. For these reasons, the import of drugs is considered one of the most serious crimes. In Japan, the import of drugs is a serious crime, but some overseas countries impose even more severe penalties than Japan.

3. Perception of crime and complicity

Many of those arrested for importing drugs are those who actually boarded planes and brought the drugs to Japan. Unfortunately, many of them are not the main perpetrators of crime. Often behind this are drug-related organizations. In fact, getting on a plane and bringing drugs to Japan by hiding them in the luggage carries an extremely high risk of being arrested, and the main perpetrators would not do anything that would involve such a risk. In other words, in many cases, the person who transports the drug to Japan is arrested after receiving a commission to transport the drug to Japan without being explicitly told that the package contained drug. Even if they don't tell you clearly that it contains drugs, if you receive a mysterious request to transport this package to Japan in exchange for a reward, a normal person would suspect that it may contain drugs. Therefore, even if it is not clearly known that the drug is a drug, the crime of importing drugs can be committed. Of course, not all cases constitute a crime. If there are unavoidable circumstances in which he did not know it was a drug, or if there are circumstances in which it is natural that he does not suspect that it was a drug, he can be declared innocent based on the fact that he was not aware of the crime. However, the current situation is that the possibility of that happening is extremely low. You must be aware of this point. Even if he didn't really see the drugs in his package or didn't know for sure that they were in it, if it is recognized that, given the circumstances, he could suspect that it contains drugs, then it is a crime. You need to be aware of this point.

Some defendants bring drugs to Japan not as a reward, but because they feel threatened. Even if they threaten him, it's basically a crime. Proclaring guilty on the basis of a threat is only allowed in extremely limited circumstances.

In this way, the current situation is that many of those arrested for importing drugs are not the worst defendants, but those who have been used for some kind of reward or those who have committed the crime without wanting to do so.

Another type of arrest for being an accomplice in importing drugs is if you are the recipient of an international shipment of drugs. Of course, if someone sends you something without your consent, it is not a crime. However, if you agree to receive a package even though you know it can be a drug, you can become an accomplice in the crime. In other words, simply helping with the reception process can be a serious offense.

In conclusion, even if you do not clearly recognize that it is a drug, if you only suspect that it can be a drug, or even if you only play part of the role, such as receiving the drug, you can become an accomplice in serious crimes. I think you should be fully aware of the possibility of this happening.

4. About criminal defense

In the previous section, I explain the harsh reality of laws and judgments.

However, the intent of the crimes and the recognition of accomplices are extremely delicate and specialized areas. If you have doubts, it is important to fight hard with a lawyer. In order to defend your case, it is important to contact a lawyer immediately after your arrest. This is because the investigation by the police and prosecutors begins immediately after the arrest. And if you make a statement without the advice of a lawyer, this statement would be evidence in favor of the police and prosecutors.