- While riding a bicycle down Itsukaichi street, my bicycle collided with a pedestrian and injured him. I am questioned at Tachikawa Police Station of the Metropolitan Police Department…
- At night I drove a bicycle under the influence of alcohol and cased a fatal accident. A blow to the wrong place ended up killing the victim. I got arrested and detained in Senju Police Station of the Metropolitan Police Department…
1. Bicycle Accident
When you have a bicycle accident, you may be accused of a crime under the Penal Code.
Car accidents are punishable under the Act on Punishment of Acts Inflicting Death or Injury on Others by Driving a Motor Vehicle, etc. However, bicycle accidents can constitute injury through negligence, causing death through negligence, causing death or injury through negligence in the pursuit of social activities, etc. because the Act does not regulate bicycles.
| Charged Offense | Criminal Punishments & Statutory Penalty |
| Injury through negligence (Article 209 of the Penal Code) |
Fine of not more than 300,000 yen or a petty fine |
| Causing death through negligence (Article 210 of the Penal Code) | Fine of not more than 500,000 yen |
| Causing death or injury through negligence in the pursuit of social activities (Article 211 of the Penal Code) | Imprisonment with or without work for not more than 5 years or a fine of not more than 1,000,000 yen |
2. Traffic Violation by Bicycle
According to the Road Traffic Act, a bicycle is categorized as light road vehicle, and the Act puts a lot of restrictions on a bicycle as well as a car. As specific restrictions, there are red light running, violation of prohibition of entry/temporary stop/passing, improper maintenance, etc.
Especially, driving a bicycle under the influence of alcohol is punishable, as well as a car, by imprisonment with work for not more than 5 years or a fine of not more than 1,000,000 yen.
Types of Main Violations
| Violation | Criminal Punishment & Statutory Penalty |
| Driving under the influence of alcohol | Imprisonment with work for not more than 5 years or a fine of not more than 1,000,000 yen (Article 117-2 of the Road Traffic Act) |
| Violation of obligation to aid (hit-and-run) | Imprisonment with work for not more than 1 year or a fine of not more than 100,000 yen (Article 117-5 of the Road Traffic Act) |
| Red light running | Imprisonment with work for not more than 3 months or a fine of not more than 50,000 yen (Article 119 of the Road Traffic Act) |
| Violation of prohibition of entry | |
| Violation of temporary stop | |
| Riding bicycles without lights | Fine of not more than 50,000 yen (Article 120 of the Road Traffic Act) |
| Riding bicycles on sidewalks | Fine of not more than 20,000 yen or a petty fine (Article 121 of the Road Traffic Act) |
All violations of the Road Traffic Act in a case of a bicycle are to be dealt with in accordance with criminal proceedings once the investigative authority builds a case because there is no traffic violation payment system for a bicycle accident. While the police do not build a case very much in the case of traffic violation by bicycle, the crackdown on traffic violation by bicycle tends to be intensified year by year. You should be careful that even traffic violation by bicycle ends up with a fine where the mode of violation is significant so that you would have a criminal record.
~Defense in Bicycle Accident~
1. Understanding the Backgrounds to the Bicycle Accident and the Whole Picture of the Case
In the case of the bicycle accident, the case occasionally ends up with only the voluntary questioning by the police; however, the offender is sometimes held criminally responsible depending on the degree of injury of the victim. In most of the criminal cases of bicycle accidents, it is highlighted whether the crime of injury through negligence or causing death through negligence is applicable, and the offender is often exempted from prosecution where the mode of negligence and damage are minor. However, that the mode of accident and degree of negligence are significant and damage is serious increases the possibility to be punished by a fine after summary prosecution, according circumstances, the offender may have a trial on allegation of causing death or injury through negligence in the pursuit of social activities or gross negligence causing death or injury.
A lawyer develops an appropriate defense policy after scrutinizing the backgrounds and motive of the bicycle accident, the situation at the time, and other circumstances, and understanding the whole picture of the case. The lawyer who is good at dealing with the bicycle accident case can defend in a consistent manner by taking a case right after arrest.
2. Gaining Decision not to Prosecute, Reduce of Punishment, or Suspended Sentence
Where the fact of the bicycle accident is disputed, a lawyer aims at acquisition of a decision not to prosecute, reduction of punishment, or winning of acquittal by asserting the circumstances in favor of the suspect or accused.
When the fact of the bicycle accident is undisputed, it is important to pay the damage to the victim as civil compensation and settle the case out of court. Settling the case out of court increases the possibility to be exempted from prosecution. Then, the lawyer argues the mitigating circumstances after scrutinizing the mode, backgrounds, motive, number of times and frequency of the traffic violation, and criminal records.
The circumstances that the suspect or accused sincerely reflect his/herself and the environment that he/she will not cause an accident again is created serves as a significant point to reduce the sentence or gain suspected sentence.
3. Early Release
Where the suspect got arrested and detained by the police for the bicycle accident, a lawyer argues in a persuasive manner that the suspect or accused reflect on him/herself so that there is no risk of fleeing or concealing/destroying evidence, based on objective evidence. Once released early, the suspect can go to the office or school, which makes easier for the suspect or accused to get back into society smoothly.
You can receive the best advice from the lawyers who have rich experience in the bicycle accident case at AICHI Criminal Cases Law Firm. Criminal lawyers provide for “the free consultation”. We also provide with “the first interview service” that our lawyer goes to a detention cell where the suspect is detained to have an interview, at the shortest
on the day.
