Have you ever thought about what happens to a Brazilian if he commits a crime in Japan and manages to escape to Brazil?
Well, this is a question that no one is expected to ask. However, let’s put here what can happen to the criminal. It is worth mentioning that this article is only introductory, to have more information it is essential to contact a lawyer who knows both Brazilian and Japanese criminal law.
Committing a crime in Japan and fleeing to Brazil
Recently, a Brazilian executed his wife and daughter and fled to Brazil before being captured by Japanese police. The crime took place in Osaka and since then he has remained at large, the last thing that is known of his whereabouts is that he managed to enter Brazil. Furthermore, currently, he has entered the Japanese Police International Wanted List.
When the Japanese police learned of the murder, most likely he was already on his way to Brazil.
Okay, but what could happen to him? This can vary a lot.
First of all, he needs to be captured.
Then it will be necessary to delimit where he will be judged, according to the website JusBrasil:
It is also worth remembering the rule contained in art. 88 of the Criminal Procedure Code, according to which, in the process for crimes committed outside the national territory, the court of the capital of the state where the accused last resided will be competent.
If you have never resided in Brazil, the competent court will be that of the capital of the Republic.
One issue is fact. Even if a Brazilian who committed a crime in Japan is captured in Brazil, he cannot be extradited back to Japan. He will remain in Brazil as this is provided for in the constitution (Article 5). Soon, what could happen to him is to be convicted in Brazil and go to prison.
Committing a crime in Japan, being convicted and being in Brazil
In the case of those convicted in Japan, they may have to serve their sentences in Brazil. However, this depends on each case and may even go through a new trial causing the entire process to be reviewed and the evidence reanalyzed.
However, it is worth remembering that the native Brazilian cannot be extradited to serve the sentence in another country.
One of the examples we have is the former football player Robinho who was convicted of rape in Italy. However, he is in Brazil and will not serve any sentence, since the process was not here and the victim was not Brazilian either. In addition, the Brazilian government will not be able to extradite him either. However, he will not be able to take a trip to Italy, because if he goes there, he will be arrested. And he also cannot enter any country that has an extradition agreement with Italy.
Sources: Jus Brazil and Japan in Focus.