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N Cal Attorney
N Cal Attorney, Lawyer
Category: Criminal Law
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Experience:  Since 1983
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This is predominantly for Japanese law experts - is there a

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This is predominantly for Japanese law experts - is there a concept of self-defence in Japan civil society? I have read conflicting reports based on cultural norms such as conformity and general passiveness that this doesn't exist.
Submitted: 4 years ago.
Category: Criminal Law
Expert:  N Cal Attorney replied 4 years ago.
My answer is Yes, Japanese law recognizes a right of self defense, which is stated in the Japanese Penal Code, Article 36 posted at
http://www.cas.go.jp/jp/seisaku/hourei/data/PC.pdf

PENAL CODE (Act No.45 of 1907)
Article 36. (Self-Defense)
(1) An act unavoidably performed to protect the rights of oneself or any other person
against imminent and unlawful infringement is not punishable.
(2) An act exceeding the limits of self-defense may lead to the punishment being
reduced or may exculpate the offender in light of the circumstances.

I hope this information is helpful.
Customer: replied 4 years ago.

I see. My friend self-defended herself from an attack from her spouse. They are involved in a money dispute and are foced into mediation to seek a compromise. I am sceptical about the weaknesses imposed in mediation particularly in those instances encouraging parties to settle their disputes together. What are your thoughts?

 

Expert:  N Cal Attorney replied 4 years ago.
I feel that a mediated negotiated resolution is almost always preferable than having a stranger in a black robe decide your future. If they cannot work out an agreement in mediation, the a judge can decide the issues.

I feel a negotiated resolution is better than a coercive resolution. If she feels intimidated, she can bring her attorney to the mediation sessions.
Customer: replied 4 years ago.
Hello, but should she be forced to go to mediation against her will? Be forced to settle? What are the potential pitfalls she is liekly to face - the court system already pits her as an adversary against her husband - the mediation may sound like its levelling the play field but the court already has broad powers to refer parties to mediation without their consent?
Expert:  N Cal Attorney replied 4 years ago.
The court can order parties to mediation but cannot force them to reach an agreement. If mediation is not successful, the case goes back to court.
N Cal Attorney, Lawyer
Category: Criminal Law
Satisfied Customers: 8076
Experience: Since 1983
N Cal Attorney and 13 other Criminal Law Specialists are ready to help you
Expert:  N Cal Attorney replied 4 years ago.
Thank you for accepting my answer.

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