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

How this entity was disambiguated

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 ⓘ
chapterTitle Rights and Duties of the People ⓘ
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 ⓘ
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 ⓘ
Article 34 of the Constitution of Japan ⓘ
Article 37 of the Constitution of Japan ⓘ
requires proof of guilt beyond a confession ⓘ
sourceOf exclusionary rule for coerced confessions in Japan ⓘ
typeOfRight due process protection ⓘ
procedural safeguard in criminal justice ⓘ

How these facts were elicited

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 ⓘ