Japanese Law: A Look at the Differences in Criminal Law!

Japanese Law: A Look at the Differences in Criminal Law!

On September 3, 2025, an important lecture took place at the Bucerius Law School, which dealt with the determination of intent in a legal comparison between Germany and Japan. Professor Mayako Suganuma from Otaru School of Commerce presented her insightful research on the topic and decided to shed light on the similarities and differences in subjective attribution between the two legal systems. The interested audience, including prominent experts, enabled an in-depth discussion about the challenges that each case law brings with it.

Professor Suganuma paid particular attention to the evidentiary problems that arise in connection with importation and possession offenses in the drug trade. This included an in-depth look at the role of couriers and their knowledge of the items being transported. The lively discussion was moderated by Prof. Gaede and provided a platform for additional voices, including professors Makoto Tadaki, Kazuyuki Oosugi and Tsuyoshi Sekine. Dr. Jan Grotheer, honorary president of the German-Japanese Lawyers' Association, was also present and asked relevant questions.

Current developments in Japanese law

As part of the lecture, Katrin Walle asked a question about the Japanese concept of intent. Prof. Dr. Thomas Rönnau addressed the possible departure of Japanese jurisprudence from the intentional characteristic of current knowledge, which Suganuma classified as worthy of criticism. In this context, it was suggested that the German debate about the participant intention should also be included in the discussion. Such considerations are not only relevant for lawyers, but also for a broader public who are interested in the legal framework in Japan.

The complexity of the Japanese legal system, which has been subject to Western influences for over a century, is often overlooked. Japan has developed a modern, functional legal system that incorporates elements from various legal systems, particularly German. This was cemented by the friendly relationship between Japan and Germany, which celebrated 150 years in 2011, marked by intensive legal exchanges. Legal developments in Japan show how Western institutions and ideas were systematically adopted, beginning with the Meiji Restoration in 1868.

Comparative law and its challenges

Comparative legal research in criminal law is of growing importance. Japanese lawyers often use German law as a reference in this area. The change in the focus of comparative law, particularly after the Second World War, has also led to increasing consideration of Anglo-American law. The challenges of globalization require Japanese law to be adapted to meet the requirements of an interculturally networked world.

Despite the intensive research, the selection of treatises on various aspects of Japanese criminal law in German remains limited. The availability and accessibility of this information is crucial to promote knowledge about the developmental lines of Japanese criminal justice scholarship as well as the broader topic of the regulation of social conflicts. Transparent communication about the discrepancy between law and extra-legal regulatory mechanisms is necessary in order to avoid misunderstandings that go beyond the received legal norms.

Overall, Professor Suganuma's lecture and the associated discussion show how important intercultural dialogue is for understanding the complex legal framework in Japan. Planned future discussions could further deepen the exchange in this area and contribute to promoting comparative law between Germany and Japan.