Tokyo follows Japan’s national extradition laws rather than any city-level rules, so whether someone can be surrendered from Tokyo turns on the Act of Extradition (Act No. 68 of 1953) and, in two cases, a bilateral treaty.{1Japanese Law Translation. Act of Extradition Extradition from Japan is uncommon in practice; roughly ten people were surrendered between 2003 and 2012.
The Law That Applies in Tokyo
There is no separate Tokyo extradition code. The Act of Extradition governs the whole country and sets the conditions for surrender, the grounds for refusal, and the roles of the Minister of Foreign Affairs, the Minister of Justice, and the Tokyo High Court.{1Japanese Law Translation. Act of Extradition
Tokyo does matter institutionally. The Act designates the Tokyo High Court and the Tokyo High Public Prosecutors Office as the bodies that examine every extradition request made to Japan, no matter where in the country the person is located.
Which Countries Have an Extradition Treaty With Japan
Japan has signed bilateral extradition treaties with only two countries: the United States and South Korea. The treaty with the U.S. was signed in Tokyo on March 3, 1978, and entered into force in March 1980.{2United Nations Treaty Series. Treaty on Extradition Between the United States of America and Japan The treaty with South Korea was signed in April 2002 and entered into force that June.{3Ministry of Foreign Affairs of Japan. Treaty on Extradition Between Japan and the Republic of Korea
Both treaties require that the offense be punishable in both countries by death, life imprisonment, or at least one year of imprisonment, and both include a political offense exception.{2United Nations Treaty Series. Treaty on Extradition Between the United States of America and Japan They also carry a specialty rule, so a person who is surrendered cannot be prosecuted for offenses other than the one extradition was granted for.
Requests From Countries Without a Treaty
Japan can still extradite someone to a country it has no treaty with, but the hurdles are higher. Under Article 3 of the Act of Extradition, the Minister of Foreign Affairs will not forward a non-treaty request to the Minister of Justice unless the requesting country guarantees reciprocity, meaning it would honor a similar request from Japan.{1Japanese Law Translation. Act of Extradition Even with that guarantee in place, Article 4 lets the Minister of Justice block the request if extradition is “deemed inappropriate.”
The same reciprocity assurance is required if the foreign country wants Japan to arrest and hold someone provisionally while a full request is prepared.
When Japan Must Refuse
Article 2 of the Act of Extradition lists nine circumstances in which Japan must refuse to surrender a person. A bilateral treaty can override four of them (items iii, iv, viii, and ix) if the treaty says so expressly.{1Japanese Law Translation. Act of Extradition The practical bars that come up most often are these.
Dual Criminality With a Severity Threshold
The offense must carry a potential sentence of death, life imprisonment, or imprisonment of three years or more in both the requesting country and Japan.{1Japanese Law Translation. Act of Extradition It is not enough that the conduct is illegal in both places. The punishment has to clear the three-year line on both sides. Minor offenses are out.
Political Offenses
Japan will not extradite anyone for a political offense, or when the request looks designed to prosecute or punish someone for political activity.{1Japanese Law Translation. Act of Extradition The Act does not define “political offense,” so the determination falls to the courts and the Minister of Justice case by case.
Japanese Nationals
Article 2(ix) bars extradition when the person is a Japanese national, though a treaty can override that restriction.{1Japanese Law Translation. Act of Extradition The U.S.-Japan treaty states that Japan is not “bound” to surrender its nationals but has the “power” to do so at its discretion.{2United Nations Treaty Series. Treaty on Extradition Between the United States of America and Japan In practice, that power is used very rarely.
Double Jeopardy, Pending Cases, and the Statute of Limitations
Japan refuses extradition if a Japanese court is already handling a case based on the same conduct, if a Japanese court has issued a final judgment on it, or if punishment for the offense would be time-barred under Japanese law.{1Japanese Law Translation. Act of Extradition If the person is serving a sentence in Japan or has unrelated charges pending, surrender is held off until the domestic matter is resolved.
Probable Cause
Unless the person has already been convicted in the requesting country, Japan requires probable cause to believe the person actually committed the offense, which guards against surrender based on thin or fabricated allegations.{4Ministry of Justice. International Cooperation
How a Request Moves Through the System
A foreign request must come in writing through diplomatic channels, with Japanese translations attached. From there the process runs through two ministries and the Tokyo High Court.
- The request arrives at the Minister of Foreign Affairs, who checks threshold requirements, including any reciprocity guarantee, and forwards it to the Minister of Justice.{1Japanese Law Translation. Act of Extradition
- The Minister of Justice reviews whether the request complies with the Act of Extradition and any applicable treaty. If a statutory exception clearly bars extradition, the process ends here.
- If no clear bar exists, the Minister directs the Superintending Prosecutor of the Tokyo High Public Prosecutors Office to file an application with the Tokyo High Court. The court examines whether the legal requirements for extradition are met and does not decide whether the person is guilty.{4Ministry of Justice. International Cooperation
- If the Tokyo High Court finds the person extraditable, the Minister of Justice makes the final decision. A favorable court ruling is necessary but not sufficient; the Minister can still refuse.{4Ministry of Justice. International Cooperation
- Once the Minister approves surrender, the person must be handed over within 30 days.{4Ministry of Justice. International Cooperation
If Japan Refuses to Surrender a Japanese National
A refusal does not always end a foreign investigation. Article 3 of Japan’s Penal Code extends jurisdiction over Japanese citizens who commit certain serious crimes abroad, including homicide, robbery, kidnapping, arson, sexual assault, and fraud.{5Japanese Law Translation. Penal Code A requesting country can share evidence with Japanese prosecutors and ask them to charge the person domestically. The trade-off is control: Japanese courts apply Japanese criminal law and sentencing standards, which may produce a different result than the foreign authorities were seeking.