- Stimulant drug was found in my bag during the police inspection of personal property. I was arrested on suspicion of possession of stimulant drug by a police officer of Ushigome Police Station of the Metropolitan Police Department…
- I bought and used a pill-typed stimulant drug “Ya ba” in a park. I am interrogated on suspicion of use of stimulant drug at Nogata Police Station of the Metropolitan Police Department…
1. Case of Violation of the Stimulants Control Act
Drug case is the criminal case concerning cannabis, stimulant, narcotics, dangerous drug, etc. The case of violation of stimulants control act accounts for about 70 % of drug cases, according to statistics by the Public Prosecutor’s Office.
Stimulant means:
(i) “phenylaminopropane, phenylmethylaminopropane and their salts”;
(ii) “a substance having a stimulating effect similar to the substances specified in the forgoing item, which are designated by Cabinet Order”; or,
(iii) “a substance containing any of the substances specified in the preceding two items”. (Article 2(1) of the Stimulants Control Act) The stimulant is generally called “hop-up”, “speed”, “S”, “crystal”, or “Ya ba“ when it is illegally traded.
The Stimulants Control Act prohibits export, import, possession, manufacturing, assignment, acquisition, and use of stimulants and stimulants’ law materials, and provides for punishment of violation. Moreover, it provides for harsher punishment for violation for the purpose of profit.
▼List of Criminal Punishment / Statutory Penalty of Violation of the Stimulants Control Act
| Charged Offense | Criminal Punishment / Statutory Penalty |
| Import, Export, Manufacturing (Article 41(1)) |
Imprisonment with work for a definite term not less than 1 year |
| Import, Export, Manufacturing for the purpose of profit (Article 41(2)) |
Life imprisonment with work or imprisonment with work for a term not less than 3 years, or, depending on the circumstance of the offense, life imprisonment with work or imprisonment with work for a term not less than 3 years and a fine not exceeding 10,000,000 yen. |
| Possession, Assignment, Acquisition (Article 41-2(1)) | Imprisonment with work for not more than 10 years |
| Possession, Assignment, Acquisition for the purpose of profit (Article 41-2(2)) |
Imprisonment with work for a definite term not less than 1 year, or, depending on the circumstance of the offense, imprisonment with work for a definite term not less than 1 year and a fine not exceeding 5,000,000 yen |
| Use (Article 41-3(1)) | Imprisonment with work for not more than 10 years |
*Maximum definite term of imprisonment with work is 20 years (Article 12(1) of the Penal Code). In a certain case
such as consolidated punishment, the maximum term is 30 years.
2. Case of Violation of the Stimulants Control Act – Possession
It is understood that “possession” of a thing means “the state that a person actually or legally dominates a thing”.
Concretely speaking, “possession” includes not only holding a thing in one’s hand but also storing a thing at home or in a storage that one has a control of.
The possession of stimulants is, in principle, prohibited (Article 14(1) of the Stimulants Control Act) A person who possesses any stimulants without due cause is to be punished by “imprisonment with work for not more than 10 years”.
Besides, a person who possesses any stimulants for the purpose of profit such as selling them to someone is to be punished by “imprisonment with work for a definite term not less than 1 year, or, depending on the circumstance of the offense, imprisonment with work for a definite term not less than 1 year and a fine not exceeding 5,000,000 yen”.
Stimulants which the offender possessed is to be confiscated (Article 41-8 of the Act)
3. Case of Violation of the Stimulants Control Act – Use
The use of stimulants is, in principle, prohibited; except, the case where a physician or researcher uses stimulants to do research (Article 19 of the Stimulants Control Act)
A person who violates this prohibition is to be punished by “imprisonment with work for not more than 10 years”.
A person who use stimulants for the purpose of profit is to be punished by “imprisonment with work for a definite term not less than 1 year, or, depending on the circumstance of the offense, imprisonment with work for a definite term not less than 1 year and a fine not exceeding 5,000,000 yen”.
~Specific Defense in Case of Violation of the Stimulants Control Act & Violation of Narcotics and Psychotropic Control Act ~
1. Suspended Sentence in Case of Violation of the Stimulants Control Act
In case of violation of the Stimulants Control Act, it’s often the case that the offender gets arrested on suspicion of possession or use of stimulants. Stimulants have a strong potential for addiction, so in the case of violation of the Stimulants Control Act there are numerous number of repeat offenders.
The Act provides imprisonment with work as the penalty for import, export, manufacturing, possession, and use of stimulants. Therefore, once prosecuted, the accused will enter into a prison unless he/she is acquitted or given suspended sentence.
Where the accused is a first offender, there is a possibility to hand down suspended sentence by taking preventive measures.
However, a harsh sentence is expected to be handed down in a case where the accused repeatedly commits drug crimes including stimulants, because stimulants have a strong potential for addiction.
A lawyer persuasively asserts that the accused should be rehabilitated in society by showing the accused’s sincere remorse, and coordinating the environment for treatment for drug abuse and the family’s supervision of the accused, to gain of suspended sentence.
Serving time in prison causes inconveniences like that it takes time to return to society after serving a term in prison, and that it is difficult to gain re-employment.
Please immediately consult a lawyer if you want to avoid prison sentence and get suspended sentence.
2. Dispute the Fact in Case of Violation of the Stimulants Control Act
In drug cases such as violation of the Stimulants Control Act, there is often objective evidence like urinalysis result in the use of stimulants.
In this case, there is a risk that disputing the fact generally may lead to long physical restraint.
It can be said that it’s more likely that important objective evidence will cause the offender arrested, detained, or prosecuted.
On the other hand, for assignment and acquisition of stimulants, the offender might not be prosecuted because the prosecutor becomes doubtful that the defendant is guilty.
Once not prosecuted, the offender will not have criminal record.
Thus, the offender can return to society early.
3. Release the Suspect in Case of Violation of the Stimulants Control Act
It can be said that in case of violation of the Stimulants Control Act the term of physical restraint from arrest, detention, prosecution, and detention after prosecution tends to be extended.
It is because that the suspect may conceal or destroy evidence on the route of stimulants acquisition, accomplice, etc.
However, the physical restraint for a long term of time, will has a bad effect on the following return to society.
Lawyer who has a rich experience in criminal cases files complaints from the stage of arrest and detention, and files a request for bail at the right time after prosecution.
You can receive the best advice from lawyers who have rich experience in cases of violation of the Stimulants Control Act at AICHI Criminal Cases Law Firm. Lawyers specializing in criminal and juvenile cases personally provide with “the free consultation”. We also provide for “the first interview service” that our lawyer goes to a detention cell where the suspect is, at the shortest on the day.
