Article 38 of the Constitution of Japan
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Article 38 of the Constitution of Japan is a provision that safeguards the rights of criminal defendants, including protections against self-incrimination and the use of coerced confessions as evidence.
All labels observed (1)
| Label | Occurrences |
|---|---|
| Article 38 of the Constitution of Japan canonical | 1 |
Statements (42)
| Predicate | Object |
|---|---|
| instanceOf | constitutional provision ⓘ |
| aimsTo |
ensure fairness of criminal trials
ⓘ
prevent forced confessions ⓘ |
| appliesTo |
criminal defendants
ⓘ
criminal suspects ⓘ |
| bindingOn |
courts in Japan
ⓘ
police in Japan ⓘ prosecutors in Japan ⓘ |
| cameIntoForce | 1947 ⓘ |
| chapter | Chapter III of the Constitution of Japan NERFINISHED ⓘ |
| chapterTitle | Rights and Duties of the People NERFINISHED ⓘ |
| concerns |
evidentiary standards in criminal cases
ⓘ
protection of human dignity in criminal investigations ⓘ |
| country | Japan ⓘ |
| enactedIn | 1946 ⓘ |
| ensures | voluntariness of confessions used as evidence ⓘ |
| guarantees | right to remain silent ⓘ |
| hasSection |
inadmissibility of confessions obtained by compulsion, torture, or threat
ⓘ
prohibition of compelling testimony against oneself ⓘ requirement that no person shall be convicted solely on the basis of a confession ⓘ |
| influencedBy | post–World War II legal reforms in Japan ⓘ |
| jurisdiction | Japan ⓘ |
| language | Japanese ⓘ |
| legalDomain |
constitutional criminal procedure
ⓘ
criminal procedure law ⓘ |
| legalEffect |
inadmissibility of evidence obtained through compulsion
ⓘ
inadmissibility of evidence obtained through threat ⓘ inadmissibility of evidence obtained through torture ⓘ |
| partOf | Constitution of Japan NERFINISHED ⓘ |
| prohibits |
compelled self-incrimination
ⓘ
conviction solely on the basis of a confession ⓘ use of coerced confessions as evidence ⓘ |
| protects |
right against self-incrimination
ⓘ
rights of criminal defendants ⓘ |
| regulates | use of confessions as evidence ⓘ |
| relatedTo |
Article 31 of the Constitution of Japan
NERFINISHED
ⓘ
Article 34 of the Constitution of Japan ⓘ Article 37 of the Constitution of Japan NERFINISHED ⓘ |
| requires | proof of guilt beyond a confession ⓘ |
| sourceOf | exclusionary rule for coerced confessions in Japan ⓘ |
| typeOfRight |
due process protection
ⓘ
procedural safeguard in criminal justice ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.
Chapter III of the Constitution of Japan
→
containsArticle
→
Article 38 of the Constitution of Japan
ⓘ