Question from a reader:
Is undercover investigation conducted in Japan? I would appreciate it if you could explain in detail the circumstances under which it is used.

The Reality and Legal Aspects of Undercover Investigations in Japan

How does undercover investigation function within Japan’s criminal justice system? Recently, a friend asked me this question: “Is undercover investigation done in Japan? In what
cases is it used?” To be honest, I didn’t know much about it either, so I decided to look into it. As a psychology major, I find this topic has intriguing legal aspects.

What is Undercover Investigation?

Undercover investigation is a method used by law enforcement agencies to lure criminals by pretending to commit a crime. Specifically, police officers or investigators participate in criminal activities as “decoys” to catch the perpetrators. This is often seen in situations involving prostitution or drug transactions. While this method frequently appears in Hollywood movies and TV dramas, it is not widely known among the general public due to the intricate legal regulations involved. In Japan, undercover investigations are only legal under certain conditions, so they are conducted with caution.

The Legal Background of Undercover Investigations in Japan

In Japan, there is no clear law regarding undercover investigations. However, their implementation is regulated by police operational standards and court precedents. They are primarily conducted based on the Anti-Prostitution Act and the Narcotics Control Act. For instance, Article 6 of the Anti-Prostitution Act permits law enforcement agencies to use “decoys” for the purpose of facilitating prostitution. Thus, under specific laws, inducing crime can sometimes be legally permitted. This aspect is crucial for positioning it as a legitimate investigative activity in accordance with the law.

Real-Life Examples

Let’s consider a real-life example. Suppose prostitution is rampant in a certain entertainment district. Law enforcement agencies first gather information in that area to understand the clientele and the methods of crime. Then, they set up a so-called “decoy” to observe actual prostitution activities. At this time, the decoy does not actually engage in prostitution but merely plays a guiding role. In this way, law enforcement agencies work to apprehend criminals and maintain public safety. However, this method raises ethical questions. Does the implementation of undercover investigations truly benefit society? There are concerns that it may actually encourage crime.

Psychological Perspectives

As a psychology major, I believe this perspective is also important. The psychological state of criminals when they fall for a “decoy” in undercover investigations is very intriguing. Many individuals weigh risks and rewards at the moment they break the law. Undercover investigations succeed precisely because they exploit this psychological gap. For example, when a criminal thinks, “I can easily make money,” they may lose their ability to make sound judgments, increasing the likelihood of engaging in criminal behavior. Undercover investigations take advantage of such psychological gaps. Understanding the psychology of criminals can contribute not only to the legal framework but also to the overall maintenance of public safety.

Ethical Issues and Social Impact

Undercover investigations are accompanied by ethical issues. For instance, there are concerns that law enforcement officers may inadvertently encourage crime. For criminals, the belief that they can commit crimes without getting caught can be a motivating factor. This raises questions about whether this is truly just. Moreover, the social impact cannot be overlooked. In areas where undercover investigations are conducted, residents may feel that “crime is rampant,” leading to anxiety. Considering how this affects the psychology of local residents, it is essential to carefully examine not only the legal perspective but also the psychological aspects.

Conclusion

Undercover investigations are a method of criminal investigation conducted under specific conditions in Japanese law. While they are legally permitted, their implementation raises ethical concerns and social impacts. I feel that understanding the psychology of criminals and contemplating beyond the legal framework may lead to improvements in the future. From the perspectives of law and psychology, undercover investigations should be viewed not merely as an investigative technique but as a societal issue. I believe this can contribute to building a better society.