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Article 36 of the Constitution forbids "the infliction of torture by any public officer and cruel punishments", and article 195 of the Penal Code states that public officers who inflict violence on or abuse suspects, an accused person or anyone else for the purpose of their official duty including criminal investigation are punishable and article 196 demands that such acts be penalized with a heavier sentence than otherwise.However, reports by Japanese bar associations, human rights groups, and some prisoners indicated such physical abuse, which they often do not report, takes place in regard to the treatment of illegal immigrants.

The Japanese courts have had conviction rates that exceeded 99% in the past but that number has been curtailed in recent history due to changes in Japanese law.In common law countries which practice trial by jury, this is seen as an indication that defendants are not receiving a fair trial.In civil law countries, where a magistrate decides the verdict, it is common because both the defense and the prosecutor can reliably predict the outcome of the trial.In 2003, the use of leather restraining body belts was abolished.Softer leather handcuffs without body belts were instituted as substitute restraining devices.

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