Introduction: The Surge in Cases Involving Foreign Nationals and the Importance of Court Interpreting

The number of foreign nationals living and working in Japan continues to rise. Accordingly, cases involving foreign nationals are also increasing in both criminal and civil proceedings. According to 2024 figures, arrests involving foreign nationals rose 21% year on year to roughly 19,000 cases, and the number of foreign defendants who required interpreters in court reached 4,649—a 20% increase from the previous year.

In this context, attention is now focused on the quality of “court interpreting” and the opacity of the system. An article published by Sankei Shimbun on Yahoo! News on February 14, 2025, revealed serious issues with Japan’s court interpreting system.

In this article, from the perspective of a gyoseishoshi (certified administrative scrivener) specializing in immigration procedures, we will provide a detailed explanation of the current state of the court interpreting system, its problems, and the risks and practical steps that foreign residents in Japan and companies employing foreign workers should be aware of.

What Is Court Interpreting? Roles, Responsibilities, and Why It Matters

Definition and Duties of Court Interpreters

Court interpreters facilitate communication between foreign nationals and Japanese authorities during criminal investigations and court proceedings. They may be involved in police questioning, prosecutor interviews, meetings with defense counsel, and courtroom hearings. Specifically, they work in the following situations:

  • Police interviews and interrogations
  • Prosecutor interrogations and preparation of written statements
  • Court trials (witness examinations, defendant questioning, etc.)
  • Meetings with defense attorneys

Court interpreters in particular are highly specialized professionals who require both instantaneous responsiveness and accuracy. In court, they must instantly and accurately interpret statements from multiple speakers including prosecutors, defense attorneys, judges, witnesses, and defendants.

Skills Required for Court Interpreting

Court interpreting requires more than just language skills.

  1. Advanced Language Proficiency: Professional vocabulary in both native language and Japanese that exceeds conversational levels
  2. Legal Knowledge: Understanding of legal concepts unique to law such as “conspiracy,” “intent and negligence,” and “statute of limitations”
  3. Interpretation Techniques: Skills in consecutive interpretation, simultaneous interpretation, etc.
  4. Cultural Understanding: Understanding of linguistic nuances and cultural backgrounds
  5. Neutrality: A fair attitude that does not favor any position
  6. Real-time Accuracy Under Pressure: The ability to translate immediately and accurately on the spot

Roman Amami, chair of the Japan Federation of Judicial Interpreters, stresses that interpreters must convey not only words but also nuance, emotion, and cultural context—accurately and in real time.

Current State and Serious Issues of the Court Interpreting System

Unstable System with No National Licensing

The biggest problem with Japan’s court interpreting system is that there is no national licensing or standardized certification system for court interpreters. Unlike doctors, lawyers, or administrative scriveners who have national qualifications, there are no standardized tests to objectively measure language ability or interpretation skills.

Under the current system, local courts conduct interviews, and if they judge someone to be suitable, they are listed on the interpreter candidate roster after training. However, the criteria are not transparent, and required qualifications are not clearly defined.

Serious Shortage of Interpreters

The number of court interpreters is also insufficient. According to Supreme Court statistics, the number of registered interpreters has changed as follows:

  • 2016: 3,840
  • 2023: 3,208
  • As of April 1, 2025: 3,244

Despite increasing demand, the number of interpreters has been declining, and although it has recovered slightly in recent years, it remains insufficient.

Amami points out that “perhaps because courts select interpreters at their discretion, there is a tendency for work to go to specific individuals. Although there are many who wish to become court interpreters, this system hinders entry.”

Diversification of Languages Used

Approximately 40 languages are used in court. In 2024, the most commonly interpreted languages were Vietnamese, Chinese, Thai, and Tagalog, in that order, with Asian languages being central. However, securing high-quality interpreters for all these languages is not easy.

Learning from the Tsu District Court Case—Where Mistranslation Can Change Lives

March 2024 Tsu District Court Acquittal

One illustrative example is a March 2024 acquittal by the Tsu District Court involving a Filipino defendant.

The woman was accused of selling stimulant drugs to an acquaintance for money. Investigative authorities submitted as evidence a Tagalog message on the woman’s mobile phone from an acquaintance saying “Brad, do you have any leaves?” During the investigation phase, investigators treated “Brad” as a nickname referring to the defendant and used the message as evidence addressed to the woman.

However, the Tsu District Court pointed out that “Brad is derived from ‘brother’ and is used for males, so it is unnatural to use it for females.” The court concluded that the recipient of the message could not be identified as the woman, and a third party may have used the mobile phone. The prosecution did not appeal, and the judgment became final.

Serious Problems Highlighted by This Case

This case clearly demonstrates that the quality of interpretation can determine a defendant’s life.

  • Mistranslation created unrelated evidence and led to prosecution
  • With proper interpretation, prosecution might not have occurred in the first place
  • Understanding linguistic nuances and cultural backgrounds is essential

Amami also testifies that “there have been situations where I felt that differences in nuance made defendants more or less favorable.” The quality of court interpreting is essential to ensure the basic principle of equal application of law.

The Specialized Nature of Court Interpreting That AI Cannot Fully Replace

Limitations of AI and Machine Translation

Some voices say “Isn’t automatic translation sufficient now that AI technology has advanced?” In fact, Osaka City introduced multilingual interpretation devices called “Pocketalk” at ward offices in spring 2024, supporting 92 languages. In Osaka City, where foreign residents from approximately 160 countries and regions live, this has had significant effects at service counters.

However, routine exchanges at administrative counters are completely different from complex court proceedings.

Advanced Judgment Required for Court Interpreting

Courts require the following advanced judgments:

  1. Understanding Legal Concepts: It is necessary to accurately understand and translate legal concepts unique to law such as “conspiracy,” “mens rea (intent) versus negligence,” “self-defense,” and “statute of limitations.” These cannot be accurately conveyed through simple literal translation.
  2. Capturing Nuances and Emotions: In witness testimony and defendant statements, linguistic nuances and emotions carry important meaning. There is a completely different value as evidence between “probably” and “certainly,” or “saw” and “felt like I saw.”
  3. Understanding Cultural Background: Depending on each country’s culture and customs, the same words can have different meanings. Without understanding cultural background, as in the Tsu District Court case with “Brad,” accurate interpretation is impossible.
  4. Immediacy: In court, interpretation must follow immediately after statements. There is no time to look up dictionaries or re-enter information into AI.

AI can assist in some settings, but it is not a reliable substitute for court interpreting in high-stakes proceedings. In court, accuracy, nuance, and immediacy make full automation unrealistic at present.

Risks and Practical Steps Foreign Residents Should Know

Risks of the Court Interpreting System

Foreign residents in Japan should be aware of the following risks:

  1. Quality of Interpretation is Not Guaranteed: Without national licensing or unified standards, the quality of interpreters varies.
  2. Risk of Mistranslation: As in the Tsu District Court case, mistranslation can put you at a disadvantage.
  3. Opaque Selection Process: Which interpreter is selected is left to the court’s discretion and is unpredictable.
  4. Few Interpreters for Certain Languages: For languages other than major ones, the number of interpreters is limited, and you may not receive high-quality interpretation.

Practical Steps and Advice

  1. Understand Your Rights: In Japan, foreign nationals have the right to receive appropriate interpretation. If you feel uneasy about interpretation, consult with a lawyer.
  2. Connect with Trusted Professionals: Regularly connect with trusted professionals such as gyoseishoshi (administrative scriveners) who handle visa applications and residence status, and lawyers experienced in cases involving foreign nationals.
  3. Keep Records: During police and prosecutor interrogations, if you have doubts about interpretation, point it out on the spot and have it recorded.
  4. Coordinate with Community: By connecting with communities of the same nationality and support organizations, you can more easily obtain information and support in emergencies.

Risk Management That Companies Employing Foreign Workers Should Know

Risks Companies Face

For companies employing foreign staff, issues with the court interpreting system are by no means someone else’s problem.

  1. Risk of Employees Being Involved in Incidents: Employees may be involved in judicial procedures as victims, witnesses, or suspects.
  2. Possibility of Not Securing Appropriate Interpretation: The quality and securing of interpretation largely depends on circumstances beyond the company’s control.
  3. Disadvantages Due to Mistranslation: Employees may receive unfair treatment, or the company’s reputation may be affected.
  4. Impact on Business Operations: Business may be disrupted if employees are detained for long periods or suffer psychological damage.

Practical Steps Companies Should Take

  1. Build a Professional Network: Build networks in advance with professionals such as gyoseishoshi handling visa applications, lawyers experienced with cases involving foreign nationals, and interpretation services.
  2. Prepare Internal Manuals: Document procedures for when foreign employees are involved in trouble.
  3. Provide Regular Information: Regularly provide employees with information about Japanese law, the judicial system, and their rights.
  4. Strengthen Compliance Systems: Most importantly, strengthen internal compliance systems to avoid involvement in trouble in the first place.
  5. Thorough Residence Status Management: Avoid trouble related to residence status such as visa expiration. We recommend outsourcing management to specialized gyoseishoshi.

Efforts Toward Court Interpreting System Reform

Private Sector Initiatives

In 2009, Amami established the Japan Federation of Judicial Interpreters, a general incorporated association responsible for training court interpreters. The course takes six months and includes practical training in court interpreting techniques and legal knowledge.

So far, 235 people have passed the organization’s proficiency test, but only 14 have been certified as higher-level “Judicial Interpreters.” This shows how much advanced expertise is required.

Expectations for Future System Reform

Amami believes that because approximately 40 languages are used in court, it is not realistic for the government to establish national licensing and directly train interpreters. However, he points out that “it is necessary for the government to have the perspective of evaluating and nurturing ability, such as having experts randomly check interpretation in court. If there is a clear selection system, interpreters themselves will have stronger motivation to improve quality.”

Specifically, the following reforms are expected:

  • Establishing uniform national standards to assess competence
  • Establishing third-party organizations to supervise interpretation quality
  • Providing continuous training opportunities for interpreters
  • Establishing transparent selection processes
  • Establishing appropriate compensation systems

To Realize “Equality Under the Law”

Achieving Fair Justice Beyond Language Barriers

Article 14 of the Constitution of Japan states that “All people are equal under the law.” This principle should apply equally to foreign nationals legally residing in Japan.

However, if language barriers threaten the right of foreign nationals to fair trials, this is a serious problem. The quality of court interpreting is the foundation for ensuring “equality under the law.”

Toward Realizing a Multicultural Society

Japan has already become a de facto immigrant-receiving country. Many foreign nationals live and work in Japan under various residence statuses such as technical intern trainees, specified skilled workers, international students, and highly skilled professionals.

In such a multicultural society, establishing communication infrastructure that transcends language barriers is essential. Along with improvements in administrative services such as Osaka City’s Pocketalk introduction, establishing specialized interpreting systems in the judicial field is also urgent.

What We as Gyoseishoshi Can Do

As Professionals in Immigration Procedures

We gyoseishoshi (certified administrative scriveners) specialize in immigration procedures such as certificate of eligibility applications, period of stay extension applications, and residence status change applications.

In our daily work facing the language barriers of foreign clients, we keenly feel how important accurate communication and legal knowledge are. Beyond preparing application documents and responding to immigration authorities, we also address anxieties about life in Japan in general.

Comprehensive Support System

We provide the following support to foreign nationals and companies employing foreign workers:

  • Obtaining, renewing, and changing residence status procedures
  • Permanent residence permit applications
  • Naturalization application support
  • Foreign employment consulting for companies
  • Referrals to professionals when trouble occurs (lawyers, judicial scriveners, interpreters, etc.)

If foreign staff or clients are involved in trouble, we can also introduce trusted lawyers and interpretation services.

Conclusion: Now Is the Time for Court Interpreting System Reform

Issues with the court interpreting system are important problems related to the human rights of foreign residents in Japan, risk management for companies employing foreign workers, and the fairness of Japanese society as a whole.

  • No national licensing, insufficient quality assurance
  • Interpreter shortage and opacity in selection process
  • Risk of false charges and unfair treatment due to mistranslation
  • Advanced expertise that AI cannot fully replace at present

To address these issues, government system reforms, efforts by private training organizations, and establishment of support systems by us professionals are required.

Let us all—foreign residents in Japan, corporate personnel responsible for foreign employees, and all stakeholders—deepen awareness of this issue and aim for a society where “equality under the law” is realized beyond language barriers.

If you need assistance with visa applications or residence status, please feel free to contact us. We will continue to support you as professionals to protect your peace of mind and rights.

【Reference Article】
Sankei Shimbun “Judicial Interpretation That Even AI Cannot Cover, Legal Concepts Difficult – Can ‘Equality Under the Law’ Be Protected Under an Opaque System?” (Yahoo! News, published February 14, 2025)
https://news.yahoo.co.jp/articles/7d2c80afa5e3adc4192fb38e7251dea5ba51056b

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