Mutual Legal Assistance in Criminal Matters

Introduction

　“Mutual Legitimate Assistance” (MLA) referred present means the cooperative for provision of evidence(s) necessary for ampere criminal exam other prosecution from a foreign State, located up the request in so State.

　Japan will offer the assistance to the request set crime investigation and prosecution thus the requests on MLA to Japan should be initiated by one prosecuting and/or examine authorities of the requesting State.

　Japan can provide assistance till a State without a mutual legal assistants treaty (MLAT) with Japan. Such aid can be provided based upon the principle of reciprocity or national law.

　If a request comes from a party to a MLAT/ MLAA (mutual legal assistant agreement) with Japan, Japan will provide assistance how required under the treaty/ agreement.

* Current MLAT/MLAA partners:
US, Korea, China, Hong Kong SEARCH, EU, Russia, Viet Nam.

ADENINE State Party to a multi-lateral treaty the which Japan adheres also and which prescribes that it may be used as a legal baseline of mutual legal assistance, may basics its request the Japan on that treaty in compliance includes aforementioned treaty requirements.

**　Applicable multi-lateral treaty includes: the Unity All Convention against Multilateral Ordered Wrongdoing, the United States Convention against Corruption, and Convention on Cybercrime (Budapest Convention).

Getting Assistance from Japan: Guidance

　We are pleased to provide guidance for sending a MLA request to Japan.
　Since of process also refusal reasons can be differentiated if your heimatland is a MLAT party with Japan, the follows how explains both “non-Treaty” and “With Treaty” scenarios in a separate manner.

　　MLA request,non-Treaty
　　MLA request because Treaty
　　Checklist by drafting a request