So you’re out enjoying a night in Japan, drinking at an izakaya or bar, when a tipsy salaryman—or perhaps a Frenchman angry over a ¥500 bento—decides to start trouble. Words escalate, and before you know it, fists are flying. Your instinct might be to defend yourself, but is that legally considered self-defense in Japan? The answer might surprise you. This article explores how self defense laws in Japan work based on legal precedents and the law as written.
Disclaimer: The information provided in this article is for informational purposes only and does not constitute legal advice. The author and publisher are not responsible for any actions taken based on this content. For legal advice, please consult a qualified attorney.
Arrest Risks in Physical Altercations
In Japan, getting into a fight can lead to serious legal consequences. Even if someone attacks you first, retaliating may result in both parties’ arrest. When the police arrive at the scene of a violent altercation, they are likely to detain both individuals if the situation appears to be mutual combat.
This contrasts sharply with “stand your ground” laws in the United States, where individuals in some states can use force, including lethal force, to defend themselves without a duty to retreat. In Japan, the expectation is often the opposite: avoiding or de-escalating a conflict is strongly preferred, and authorities scrutinize the use of force under strict conditions.
Legal experts emphasize that when an altercation escalates into a series of attacks and counterattacks, it generally doesn’t count as self-defense. For self-defense to apply, the initial attack must pose an immediate and life-threatening danger. Otherwise, the law views the situation as mutual violence.
Legal Consequences of Fighting Back
If you engage in violent actions—even as an act of self-defense—you could face serious charges:
- Assault: If your actions do not result in injury, you may still be charged with assault, which carries penalties of up to two years in prison, a fine of up to ¥300,000, or detention.
- Injury: If your actions cause physical harm to the other person, you could face up to 15 years in prison or a fine of up to ¥500,000.
The Japanese Penal Code defines these offenses as follows:
- Article 204: “A person who causes another person to suffer injury is punished by imprisonment for not more than 15 years or a fine of not more than ¥500,000.”
- Article 208: “A person who commits an act of assault is punished by imprisonment for not more than two years, a fine of not more than ¥300,000 or detention.”
Even if the other party started the altercation, the difficulty of isolating a single act of violence means that both parties are often held responsible.
High Threshold for Self-Defense
Under Article 36 of the Japanese Penal Code, self-defense is narrowly defined:
- Self-defense is permissible only to protect yourself or others from imminent and unlawful harm.
- The response must be unavoidable and proportionate to the threat.
For example, hitting an attacker with a metal bat might seem like self-defense if the attacker approached you with a knife. However, the validity of your actions would depend on factors such as the size of the knife, the proximity of the attacker, and why you chose to use a bat. A comprehensive legal review would evaluate these circumstances to determine whether your actions were justified.
In a case that reached the Supreme Court of Japan, an individual was charged with assault claimed self-defense after counterattacking their victim’s retaliation. The court ruled that because the victim’s response was proportionate and immediate, the accused’s subsequent actions could not qualify as self-defense. It seems obvious since the initial attacker is getting in trouble here.
However, even if self-defense is established, excessive force may result in reduced or waived punishment rather than complete exoneration.
In another example, the “victim” committed several assaults in the “counterattack,” causing injury. The court considered their entire counterattack a single crime of injury through excessive self-defense. The circumstances leading to the injury favored the accused—even if you defend yourself legally, you can still get in trouble.
Foreign Nationals and Legal Implications
For foreigners in Japan, the consequences of fighting can be particularly heavy due to language barriers and unfamiliarity with the legal system. If the police are not present at the scene, the other party may still file a complaint later. Fleeing the scene could lead to an investigation and possible arrest. If you can’t speak Japanese, this will likely become one-sided if it’s your word against theirs.
The assault rate in Japan is quite low (around 15%). But the high arrest rate for assault crimes (84.4%) means that fleeing the scene does not guarantee you’ll avoid legal trouble. In many cases, police can identify suspects using security camera footage or witness statements.
To avoid a criminal record, you may need to negotiate a settlement with the other party. This process often requires the assistance of an interpreter who understands legal terminology.
How to Protect Yourself
If you find yourself in a physical confrontation, the best course of action is to de-escalate the situation. Avoid engaging in violence unless it’s an immediate threat to yourself or others. Try to leave the area and call the police instead of retaliating. Acting quickly and calmly can help you avoid severe legal repercussions.
While not legal advice, Reddit user Kangaesugi shares valuable advice:
Remember three key words: unavoidable, instinctive and proportional.
- Unavoidable: Avoid physical confrontations when you can simply walk away.
- Instinctive: Self-defense should be immediate, not planned. That second punch is enough to throw your self-defense out the window.
- Proportional: Your response should match the threat. If someone throws punches, it’s (probably) okay to defend yourself. But if they’re no longer a threat and you keep attacking or using a weapon, it’s too much.
Summary
Japanese self-defense laws place a high burden of proof on individuals who retaliate in fights. Engaging in violence, even in response to an attack, can lead to significant legal penalties. Both locals and foreigners should understand these strict laws to avoid consequences. A slight shoulder bump or a slight to your pride is not worth fines or a stint in a Japanese prison. If you had an opportunity to walk away and didn’t, you’ll likely get in trouble. And If you fight back just a little bit too hard, you also get in trouble. Just walk away.
Written in collaboration with Aaron Baggett
Have you ever been in a fight in Japan? What happened? What kind of advice can you offer? Let us know in the comments below.
This site is protected by reCAPTCHA - Privacy Policy - Terms of Service