Criminal Cases: Beware of Additional Offenses

1. Introduction

Hello! I am
attorney Masakazu Kobayashi.

This time, I will talk about additional offenses.

This is an extremely important point for both the suspect and the defense attorney to understand the future outlook.

2. Additional Offenses

When a suspect is arrested and detained for a certain crime, and the defense attorney goes to visit them, the attorney will ask about the circumstances of that crime during the meeting.

However, it is not just about the crime that led to the arrest and detention; there are cases where the suspect has actually committed (or is suspected of) other "additional offenses" as well.

3. Confirming Additional Offenses is Important for Defense Attorneys

The problem with additional offenses is that, even from the perspective of a defense attorney, investigative agencies (prosecutors, police) do not proactively or carefully inform you of the existence of additional offenses, and furthermore, there are cases where the suspect themselves is hiding them or is not even aware of them.

This is the tricky part.

This is because if there are additional offenses, there may be re-arrests and re-detentions, which extends the period of detention during the suspect stage.

For a single arrest and detention, the maximum detention period at the suspect stage is 23 days, but re-arrest and re-detention for additional offenses can increase the detention period by another 13 or 23 days. And it can even continue further...

4. Common Patterns of Re-arrest and Re-detention

(1) Special Fraud

Whether it is 'ore-ore' (it's me) fraud or benefit fraud, in most cases, the perpetrator has repeatedly committed crimes against multiple victims, so it is a typical pattern to be re-arrested and re-detained for additional offenses.

In long cases, re-arrests and re-detentions can be repeated, and the suspect stage can continue for more than half a year.

Investigative agencies will take their time to uncover the full picture.

(2) Organized crime and accomplice cases

In cases of organized crime or accomplice cases involving multiple suspects (accomplices), not just special fraud, investigative agencies may repeat re-arrests and re-detentions to buy time because it takes a considerable amount of time for investigative agencies to uncover the full picture.

(3) Trespassing, residential intrusion, and building intrusion

When someone is arrested and detained for trespassing or similar crimes, there is often a major case hidden behind it.

For example, in the case of intrusion into a former partner's home, other crimes such as intimidation, extortion, violation of the Anti-Stalking Act, or sex crimes are often hidden.

When I was young and was assigned a trespassing case as a public defender,

'Yay, an easy crime!'

I used to think, but now,

'Oh, this looks dangerous. I wonder what the reality is.'

I end up thinking.

(4) Drug use and possession crimes

Since the use and possession of stimulants, etc., are separate crimes, in some cases, one may be arrested and detained for the use crime first, and then arrested and detained for the possession crime later.

However, even if arrested and detained for the use crime, it is more common to be indicted for the use crime first, with the possession crime added later through a supplementary indictment, and it is more common not to be re-arrested or re-detained (the suspect stage does not become longer).

5. Cases where the suspect hides it or is unaware

While the trust between a suspect and their defense attorney is important, sometimes the suspect hides additional offenses at first, and later,

"Actually..."

is what they might say.

In my experience, it seems common for suspects to hide unfavorable information even from their defense attorney.

Therefore, from a defense perspective, it is necessary to actively encourage them to tell you everything, including the (possibility of) additional offenses.

6. Practical Disadvantages

In addition to the detention period being extended, being unable to request bail is a practical disadvantage.

Even at the suspect stage, you can contest detention, etc., through quasi-appeal to secure release, but the possibility of release is lower than with bail.

7. Conclusion

This time, the topic of criminal defense was additional offenses.

For those who have been arrested or detained, it is important to be honest with your defense attorney about (the possibility of) additional offenses.

As a defense attorney, it is important to use your past experience to imagine whether the suspect might have (suspicions of) additional offenses and to actively confirm this.

Thank you very much for reading until the end.

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