The Japan Federation of Lawyers Cooperatives launches “Business operations for issuing written bail guarantees for the accused in criminal cases” - Operations are scheduled to launch in line with the preparation of administrative work by each cooperative
The Japan Federation of Lawyers Cooperatives (the “JFLC”) launched business operations on July 1, 2013, concerning the issuance of written bail guarantees for the accused in criminal cases (as stipulated in Article 94-3 of the Code of Criminal Procedure) at lawyers’ cooperatives in the following areas: Tokyo (Tokyo District Court, excluding its local branches), Yamanashi, Nagano, Fukui, Kanazawa and Hakodate, ahead of other prefectures across Japan.
A written guarantee is to be issued after conducting prescribed examinations, and concluding a “contract for consignment of guarantee” between a person who is entrusted to guarantee the accused, (a guarantor) namely, a family member or acquaintance, etc. of the accused and the JFLC. In order for the JFLC to issue a written guarantee, the following is required: (i) as a commission, 2% of the amount of the bail bond (a minimum amount of 10,000 yen), and (ii) as a self-payment, 10% of the amount of the bail bond (in the event that the bail money is not subject to non-penal confiscation and the detention warrant becomes void, such bail money will be refunded). The upper limit of the bail bond is 3,000,000 yen (three million yen). If a non-penal confiscation is determined, the JFLC will make payment of the bail bond, covering the amount of the self-payment, as well as making a claim for compensation to the guarantor.
In order to make use of the above-described business operations, it is necessary for an application to be made by a defense counsel, who must also be a member of the local Lawyers Cooperative. It should be noted that if an application is made by a person other than a defense counsel, such application will not be accepted. Furthermore, when an application is made by a defense counsel who is not a member of the Lawyers Cooperative in the local area, such application will not be accepted either.
The operations of this business commenced in six prefectures in total, including Tokyo, ahead of the rollout of the business across the remainder of the prefectures in Japan. As regards the remaining prefectures, operations are scheduled to commence in each prefecture as soon as the necessary preparations have been completed by the local lawyers’ cooperatives in each such area.
The outline of the flow of the system is shown in the following diagram:
<Flow of the Procedure>