Attorney on Duty – Free Defense Attorneys?
The toban bengoshi (当番弁護士), or the “attorney on duty”system is implemented by the Japan Federation of Bar Associations to provide suspects of crime, free legal advice before prosecution.
Retaining, or obtaining free advice from a lawyer immediately after arrest was a rare event in Japan, and suspects could usually only see a court-appointed attorney after prosecution. The problem that arises here is that the conviction rate in Japan is over 99% meaning that if a suspect is prosecuted, the chances of being found not guilty are slim.
The toban bengoshi system allocates volunteer attorneys to a suspect who has requested to see a lawyer, at the expense of the region’s Bar Association. The toban bengoshi can advise the suspect on his legal rights and possible defenses to the alleged crime.
Continued on the next post: PROS AND CONS OF A TOBAN BENGOSHI
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