Editing Use of force (section)

==Japan==
[[File:JCG officer firing revolver.jpg|thumb|[[Japan Coast Guard]] [[:ja:海上保安官|officer]] firing handgun]]
In Japan, the use of weapons is the pinnacle of the intensity of the use of force by [[:ja:日本の警察官|Japanese police officers]]. There is no clear-cut provision in the actual law regarding the degree to which the use of force is permissible as a means of arrest, except in the case of the use of weapons. {{Sfn|小早川|1973}}{{Sfn|八木|1996}}

Under [[b:ja:警察官職務執行法第7条|Article 7 of the Police Duties Execution Law]], police officers may use weapons to apprehend criminals, prevent escape, protect themselves or others, or deter resistance to the execution of official duties. However, the use of weapons is limited to "the extent reasonably necessary in the circumstances," and, except in the case of self-defense or execution of an arrest warrant, may only be used to arrest or prevent the escape of a criminal for a serious violent crime or a criminal for whom an arrest warrant has been issued, or to deter resistance to the execution of official duties. The use of weapons is limited to the purpose of apprehending or preventing the escape of an offender who has been charged with a serious violent crime or for whom an arrest warrant has been issued, or to restraining a serious violent crime.{{Sfn|仲野|2023|pp=275-280}}{{Sfn|仲野|2023|pp=275-280}}{{Sfn|古谷|2007|pp=408-410}}<ref>{{cite web|url=https://www.kaiho.mlit.go.jp/09kanku/soumubu/kisyakon/kisyakon/200227_kisyakon.pdf|title=海上保安官による武器の携帯及び使用について|access-date=Jan 14, 2025}}</ref>

This requirement of "to the extent deemed reasonably necessary" clarifies the so-called principle of police proportionality, which is understood to apply to the use of tangible force in general. According to the "Guidelines for the Work and Activities of Police Officers Focusing on the Prevention of Injuries and Accidents" (issued by the Deputy Commissioner of the National Police Agency on May 10, 1962), depending on the ferocity and resistance of the other party, the possible means include "using a baton and arrest techniques," "drawing a gun," "holding a gun," "threatening to shoot," and "shooting at the other party. The attitude and manner in which they can be used are shown step by step. Although it is understood that a baton and cane do not constitute "weapons" as defined in the Police Duties Execution Law, there are precedents that have held that if they are used in a manner that kills or injures a person beyond their intended use, they are in effect equivalent to the use of weapons.{{Sfn|小早川|1973}}{{Sfn|八木|1996}}{{Sfn|古谷|2007|pp=353-357}}

The following three types of crimes are defined by the National Public Safety Commission's Rules on the Use and Handling of Guns by Police Officers and Other Personnel ([[National Public Safety Commission (Japan)|National Public Safety Commission]] Rule 7):{{Sfn|仲野|2023|pp=283-284}}
*Crimes that cause fear or anxiety in society by threatening to harm the life or body of an unspecified person or many people, or destroy important facilities or equipment: illegal use of explosives and arson of an existing building are listed as examples.
*Crimes that endanger the life or body of a person: murder, assault, etc.
*Crimes that are likely to cause harm to a person's life or body and are committed in a manner that is extremely awe-inspiring, such as by carrying a deadly weapon.

When [[:ja:特別司法警察職員|special judicial police personnel]] such as [[:ja:海上保安官|Japan Coast Guard officers]], [[:ja:麻薬取締官|narcotics officers]], or [[:ja:自衛官|self-defense force soldiers]] on [[:ja:治安出動|public security missions]] use weapons, the Police Duties Execution Law will be applied mutatis mutandis based on the respective laws. In addition, in cases where a vessel is targeted, no matter where the target is, there is a possibility of harm to a person, it is difficult to shoot reliably, and it is difficult for patrol vessels to approach a suspect vessel inadvertently, etc. Taking into consideration the special characteristics of the maritime environment, the [[:ja:海上保安庁法|Japan Coast Guard Law]] provides that even if it does not constitute a crime, it is possible to take measures against dangerous acts at sea, such as The Japan Coast Guard Act allows the use of weapons for measures against dangerous acts at sea and for on-site inspections to confirm the identity of vessels, etc., even if they do not fall under the requirements for constituting a crime. These provisions also apply to [[Japan Self-Defense Forces|JSDF]] soldiers in units ordered to conduct [[:ja:海上警備行動|maritime security operations]] and [[:ja:海賊行為の処罰及び海賊行為への対処に関する法律|anti-piracy operations]].{{Sfn|古谷|2007|pp=350-353}}{{Sfn|仲野|2023|pp=346-348}}{{Sfn|仲野|2023|pp=348-350}}{{Sfn|仲野|2023|pp=363-366}}{{Sfn|仲野|2023|pp=382-383}}{{Sfn|仲野|2023|pp=467-468}}