About Detainee’s Interview or Other Contact and Communication with Outside Persons
Right to Interview or Other Contact and Communication with Outside Persons
As detainee’s interview or other contact and communication with outside persons represents that one in custody meets mainly a counsel and send or receive documents or objects, the term, the right to interview or other contact and communication with outside persons, here means the right to adequately ensure an interview or other contact and communication with a counsel.
The suspect detained by arrest or detention is not allowed to contact with outside persons and can only have an interview and exchange letters with the public such as the family under restricted regulated conditions. However, the right to interview or other contact and communication with a counsel is guaranteed so that the counsel is able to have an interview with the suspect/accused without restriction. Thus, through an interview with a counsel, the counsel can provide the suspect/accused with advices on the rights of the suspect/accused, how to respond to interrogation, and the following procedures, which makes it possible to exercise fully the rights to defense of the suspect/accused.
Designated Interview
The Code of Criminal Procedure provides that the investigative authority may designate the date and place of an interview with a counsel where it is necessary for an investigation. This is the designated interview. However, a designated interview which would be unreasonable restriction is not permitted because an interview with a counsel is an important right for the suspect to exercise the right to defense.
On the side of the investigative authority, where the authority is actually examining the suspect or for sure is going to examine him/her shortly, where it is obvious that the permission of an interview with a counsel could pose an obstacle on the investigation, the authority may designate the interview. On the other hand, where an interview such as the first interview is specifically important for the right to defense of the suspect, the counsel files a motion to have an interview with the suspect before an examination even for a short time and gives him/her explanations and advices.
Prohibition of the Detainee from Having an Interview or Other Contact and Communication with Outside Persons
The prohibition of the detainee from having an interview or other contact and communication with outside persons is a disposition that a judge or court prohibits the suspect or accused who may flee or destroy/conceal evidence from having an interview, sending or receiving objects with those other than a counsel. Where the suspect/accused is prohibited from having an interview, the family of the suspect/accused is not able to have an interview even just for 15 minutes a day. Neither are they able to send or receive letters at all.
When a judge deems that the suspect may flee or destroy/conceal evidence (that is say; there is a necessity to detain), he/she is detained after arrest. If a judge or court doubts such risks much more strongly, they may put the prohibition of an interview or other contact and communication with outside persons by the request of a public prosecutor or at the discretion of a judge or court. Mostly, a judge or court is concerned that an interview or contact and communication with outside persons may enable the suspect under detention to make a secret arrangement and try to destroy or conceal evidence by having a third person work with codes.
Even though the prohibition is put, a counsel can work on to a judge or court to drop the prohibition.
If you want to have an interview personally with the suspect/accused at any expense, please actively consult with a lawyer.
The difference between the interview with ordinary people and the interview with a lawyer
Interview has two types: of interview: an interview with ordinary people; and, an interview with a lawyer.
These are common in that the suspect/accused under detention has an interview with outside persons, however; there are different points and restrictions in various parts.
| Interview with ordinary people | Interview with a lawyer |
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1) May not interview at the arrest stage in principle; 2) May not if the decision to prohibit from interview is made; 3) With time limit (one group a day & about 15 min); 4) In the presence of the police officer and with limitation of the context of conversation; 5) Things sent to the suspect or accused is limited to two times a day. |
1) May interview at the arrest stage; 2) May interview even if the decision to prohibit it is made; 3) Without limit of time and number of times; 4) Without the presence of the police officer and may talk freely; 5) Without limitation of sending.
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As seen above, the degree of guarantee of the right to interview or contact and communication with outside persons dramatically differs between an interview with a lawyer.
We recommend to utilize a lawyer positively to make your family or friends under detention feel ease as much as possible.
AICHI Criminal Cases Law Firm provides with the first interview service. We run a system that sends our lawyers to the place where the suspect/accused is detained right after a request. If you are stumped about, please call to our firm.
FAQ on Interview
Q. I want to see my family who got arrested. How can I do?
As an interview with ordinary people after arrest until detention is not permitted, the police does not permit the interview except extremely limited cases. If the suspect moves onto the detention stage without being released and the prohibition from having an interview is not put, it is possible for the suspect to have an interview with ordinary people within the limited time. However, the interview is to be carried out in the presence of the police officer and the suspect and his/her family or friends may not talk about the case in detail. When the suspect has something to tell his/her family or vice versa, it is to be done through a counsel.
Q. Is there a note of caution on the interview with ordinary people?
Time permitted for the interview with ordinary people is for 15 minutes. There is also a limitation in talking about the case. Therefore, it is better to decide what to talk and to hear in advance before the interview.
The suspect/accused may have the interview with ordinary people only with one group of less than three persons a day. To avoid a situation that one cannot interview with the suspect/accused even when he/she visits a police detention cell, it is better to have a meeting, as much as possible, in advance to decide who goes to have an interview on the day.
Q. What does a lawyer do at his/her interview?
The lawyers can provide with legal advices directly to the suspect/accused under detention. The lawyers are able to provide with practical advices on how to respond to an interrogator in according to each case through hearing from the suspect/accused him/herself about what the interrogation was like and the detail of the case, rather than hearing from the family. Moreover, the detainee must worry about his/her future. The lawyers can talk about specific prospects through hearing the detail of the fact from him/her directly, which may decrease his/her anxiety.
Q. What kind of things can I send to the detainee?
Clothes, cash, books, and letters are permitted to send, but things that may harm the detainee him/herself or others are prohibited to send. As for the clothes, the hoodie is not permitted to send and the elastic cord of a bottom may be pulled out. The stapler which staples books or magazines is pulled out. Also, the food, drink, cosmetics and cigarettes are not permitted to send.
One may bring the things back as they are not permitted to send to the detainee. It seems that the detainee is delighted at the letters which can tell a message directly.
As seen above, there are various restrictions on things to send to the detainee (the handling differs among police stations), it is recommended to call to a detention officer of a police station in advance to check.
Those whose family suddenly got arrested, who may be detained later, or who worries about interrogation, please consult with AICHI Criminal Cases Law Firm.
Lawyers specializing in criminal cases and juvenile cases personally provide with “free consultation”. Where the suspect got arrested, we provide with “the first interview service” that a lawyer personally goes to a detention place to have an interview with him/her the earliest on the day.
