The on-duty lawyer system provides those who are being investigated by the police the chance to receive legal advice. On receiving a request from the suspect, a member of his family or an acquaintance, the lawyer on standby (on-duty) will meet with the suspect and offer free consultation. This system is provided by bar associations throughout Japan.

The difference between a suspect and an accused
According to Article 34 of the Japanese Constitution, a suspect has the right to an attorney. While under investigation, the individual is referred to as the suspect (higisha) and an accused (hikokunin) after being indicted. For an accused who does not have the economic means to employ a lawyer, the state provides an ‘appointed attorney’ (kokusen bengonin) whose expenses are covered by the state.
Since there is no appointed attorney for suspects prior to indictment, the individual must pay for a lawyer’s services. The on-duty lawyer system (toban bengoshi seido) was therefore established for those who could not pay for a lawyer’s services or who did not know how to request the services of a lawyer.

Requesting an on-duty lawyer
A suspect or a family member, friend or acquaintance can request an on-duty lawyer.
The lawyer on duty on the day of contact will bring an interpreter for the meeting with the suspect. The lawyer who meets the suspect will advise on the suspect’s status, rights and prospects thereafter and provide an outline of criminal procedures. The lawyer will also check if illegal investigations are being carried out. No fees are incurred for the first visit. However, after this initial visit, the lawyer is considered to be privately appointed and will require lawyer’s fees.

Use of the Legal Aid System
In circumstances where it is difficult to pay lawyer’s fees, the Legal Aid Association provides a system of assistance. To apply for legal aid, in principle, the following conditions should be met: (1) innocence is contested, (2) the suspect has a pre-trial lawyer, (3) the suspect is under 20 years old, etc.
If required, the on-duty lawyer will help with the application procedures. If the application is successful, a predetermined amount of the lawyer’s fees will be paid by the Legal Aid Association. In principle, the deferred fees must be reimbursed.

For details, ask a person who understands Japanese to contact your local bar association.

Note 1 The information given is that confirmed as of July 2002. Note that a new system or system revisions may have been introduced after this date.

This information is from the CLAIR website. The Council of Local Authorities for International Relations (CLAIR) was established in July 1988 in response to rising concerns about local level internationalization in Japan.