Examples of Consultation
- I am a university student in Tokyo. The victim report stating that the content of the message I posted on the SNS constitutes defamation was submitted to the Takinogawa Police Station of the Metropolitan Police Department. I got a summon from the Takinogawa Police Station and came under investigation…
- I was in trouble with the neighbors in Adachi-ward, Tokyo, and scattered around many handouts that defamed the other party. I was arrested and detained at the Takenozuka Police Station of the Metropolitan Police Department on suspicion of defamation and insult…
1. Defamation
Defamation is, in principle, to be established when one defames another by alleging the fact in the condition that unspecified or large number of people can acknowledge the fact.
Reputation means the social assessment of someone’s value. “Someone’s value” dose not limited to that regarding to the conducts and personality but includes everything considered of value in society such as physical and phycological qualities, academic skills, appearance, occupation and so on.
Defamation can be established not only against natural person but also legal person such as a company and non-judicial organization including circles and local community associations.
Examples of Defamation
- I posted the particular person’s criminal records and abusive writing saying that the person was an evil on a message board on the Internet…
- I passed the document saying that the victim V was cheating to multiple people at her place of work…
Criminal punishment / statutory penalty of defamation is an imprisonment with or without work for not more than three years or a fine of not more than 500,000 yen. (Article 230 of the Penal Code)
Defamation can be prosecuted only upon complaint. (Article 232 of the Penal Code) Therefore, the complaint from the victim is necessary for a public prosecutor to prosecute the case of defamation before a court.
2. Insults
Insults is the criminal act to insult another in public, even if it does not allege facts.
Criminal punishment / statutory penalty of insults is a misdemeanor imprisonment without work (imprisonment in the penal institution for more than one day less than 30 days) or a petty fine
(punishment that coercively collects money of more than 1,000 yen less than 10,000 yen). (Article 231 of the Penal Code)
Insults can be prosecuted only upon complaint, as well as defamation. (Article 232 of the Penal Code)
▼Summary of Defamation and Insults
| Act that may constitute a crime | Criminal punishment / statutory penalty |
| Defamation (Article 230 of the Penal Code) | imprisonment with or without work for not more than three years or a fine of not more than 500,000 yen |
| Insults (Article 231 of the Penal Code) | misdemeanor imprisonment without work (imprisonment in the penal institution for more than one day less than 30 days) or a petty fine (punishment that coercively collects money of more than 1,000 yen less than 10,000 yen) |
~Points of Defense Activities in Defamation and Insults Cases~
A big feature of defamation and insults case is that the crimes can be prosecuted only upon complaint (Shinkoku-zai in Japanese). This type of crime cannot be prosecuted without complaint from the victim.
In defamation and insults case, the out-of-court settlement negotiation by apologizing and paying for damage through a lawyer is important to solve the case early. If the lawyer succeeded in withdrawal of complaint from the victim, the public prosecutor cannot prosecute the defamation and insults case to a court. In this case, the public prosecutor would decide not to prosecute the case. Once the public prosecutor decides not to prosecute, the suspect will not have any criminal charge, if he/she has been arrested or detained, the suspect will be released.
In defamation and insults case, we recommend you asking criminal lawyers for the out-of-court settlement negotiation.
The suspect him/herself and his/her family should avoid direct contact with the victim for the negotiation. It is because that the investigation authority might suspect that such direct contact with the victim would constitute destruction of evidence.
Criminal lawyers of AICHI Criminal Law Firm, who have rich experience in defamation and insults case, provide you with the best advice. Criminal lawyers personally provide with “free consultation”. If the suspect was arrested, at the shortest on the day, we also provide for “the first interview service” that our lawyers personally go where the suspect is to have an interview.
