Introduction
Welcome to the first edition of the graffiti & street artist handbook: japan.
This handbook aims to give you an overview of the state of affairs of creating graffiti or street art throughout Japan with a focus on the major metropolitan areas of Tokyo, Osaka, Nagoya, Fukuoka, etc. Specifically, this handbook is meant to acquaint the reader with legal risks and the prosecution/litigation processes should an artist be accused of committing (artistic) vandalism.
While we have authored this manual in close cooperation with local lawyers knowledgeable in Japanese laws related to vandalism/graffiti/street-art, nothing in this manual should be construed as providing legal guidance or as a means of aiding others to commit illegal acts. Nevertheless, TOTEMO KK is committed to the artistic development of artists who oftentimes start on the streets and in other cases continue developing their art in public forums throughout their career.
Now that all that legal disclaimer bullshit is done, here’s what you can expect from this handbook.
First, we’ll give you an overview of the Japanese graff scene. Know the OG writers. You don’t want to accidentally go over their shit because you never heard of them, or else you won’t be liked here.
Second, know the laws. What’s legal, what ain’t and what you might be able to reasonably talk-yourself-out-of to a citizen, a security guard or worse a cop.
Third, don’t get caught. But if you do, know your rights and what to expect. And in case you do get pinched, know how to minimize your punishment via apology, plea deal, etc, without giving up other writers or admitting to further criminal acts.
Fourth, foreign writers face different hurdles. Foreigner residents of Japan need to consider loss of residency status & being kicked out from the country. Foreigner visiting artists can sometimes try to get some protection via their embassy in case of police interactions, etc.
Then, we are gonna give you some info on who to contact in case you get busted.
Finally we will shamelessly promote our own project of helping graff/street-artists make a living off of their art instead of working shit jobs they hate. So read that part.
Consider this manual a free gift from us to you, since you give us free gifts of art in the street everyday.
Happy bombing! — TOTEMO KK
1. Brief overview of the Japan graff/street art scene
Japanese police (stricter even in Tokyo city) do not mince its words when the protection of the public space is concerned. If you don’t want your face and full name to appear all over the news and be deported from the country with the consequence of not being able to return in years, here we present you some small tips to make your bombing journey as smooth as possible.
In regards to the technique and quantity, you will find basically tags, and really simple throw-ups around. Sometimes you might see the odd mural down an alleyway, but these are few and far between. However, stickers are all over the city! Lamp posts, Electrical boxes, Billboards, Fire hydrants… In practically every corner. If you want to stand out and bring some originality to the scene you could try doing some paste ups or stencils. It’s much faster and nobody is doing that around here. (Except maybe Jikken Rat). Also rollers!
Unlike other big European and American cities, here we don’t recommend painting on the rooftops. Local writers rarely use them, so it’s better to stick to their rules. The ones who do it mostly get caught.
If you want your pieces to last for a long time, shutters are a good place to start. Don’t paint trains or shinkansens. It’s not worth it. They will never run a painted train in Japan. Plus, fines could be huge or include jail time. Although tunnels are, sometimes, successfully hit. Also, follow the basic rules that exist everywhere and don’t hit private houses, etc, or it brings down a hammer on the whole scene.
Car highways like 416 and 246 (numbers who give names to some of the most famous crews) are the best routes to see and tag around.
A nice way of admiring some throw ups and pieces along the way in Tokyo is taking the famous Yamanote Line (carrying over four million passengers every day), in many respects the heart of Tokyo’s train network. Instantly recognizable by its bright green color, the 35-kilometer line loops central Tokyo, connecting all the major transportation hubs. Here you can basically admire works from all the local crews like 246 or overseas crews like 24K from Hawaii.
Try to not go over other artists. They’ve been creating for the Japanese scene for decades, so it’s a shitty move to cover an OG just because you don’t know the local scene well enough.
Convenience stores (“konbini”) are dangerous before or after a mission, given cameras, credit card tracking, etc. In fact, anything that can track your location (like using a suica, pasmo, etc for public transport) can be risky. Cash is king. Use cash if possible and you will reduce the risk of a trip to the local police station (“koban”).
There are security cameras everywhere, almost every corner. So if you plan to go all-city, do your camera reconnaissance first. There are small dark alleys where it’s easy to paint and practice. You’ll find many such locations around Shibuya such as Udagawachō street, just behind the Manhattan Records store, or the famous abandoned building behind the post office at Miyamsu Zaka street. Here you can admire the local panorama. But we don’t recommend painting there over others as a foreigner, unless you want to cause beef with the local writers.
Best neighborhoods to paint around Tokyo are Shibuya, Harajuku, Shinjuku, and Nakano/Koenji, Shimokitazawa, Sangenjaya and Daikanyama/Nakameguro.
If you have a private chauffeur who can drive you to some spots around the highway, or old abandoned hotels, hospitals… is of course the best option! But careful with the ghosts, some of them might be haunted. Tokyo is a really strict city for painting. If you want to paint in a more chill atmosphere, you have cities like Osaka, Nagoya, or Fukuoka. Just pass by the few local graffiti shops and they’ll provide you with the best guides and spots around.
There are basically no legal walls in Tokyo. TOTEMO sometimes has access to some legal walls, so hit us up. However, there are a few places, such as a skate park in Chiba, that’s quasi-legal, but it is a long trip from central Tokyo. In Yokohama, Sakuragicho used to have the best wall of fame, super long and filled with the best pieces. But sadly, a few years ago it was washed. Nevertheless, some writers recently started to fill it up again. It is a nice huge spot to paint, but be careful as it is on a very visible road.
If you are in Harajuku, find TOTEMO’s secret wall. Artists like kuua, Chris Haven, Nychos, SEK, Rerun, Kazzock, Meubon, TapeThat, Jikken Rat, Taboo are all on it and stickers from just about everyone who visits it. (It’s tucked behind the shoes store named Bill`s).
Sourcing materials presents its own challenges in Japan. In Tokyo there is basically only the Montana shop providing materials but it operates on a very loose schedule (better to contact them to be sure they will be open before visiting). Art gallery Jinkinoko in Daikanyama is a good base to start gathering info, and Mowhok art shop at Nakameguro is another recommended spot (although hours for Mowhok are completely unpredictable). For Yokohama area, Opus shop and gallery can provide you with materials and info from the locals. If in Osaka you should pass by: Voyage Kids, Stop Over, Crackers and CMK gallery.
2. Street art & graffiti in Japan definitions
It’s important to beef up your knowledge on legal repercussions about graff in Tokyo. The below has been drafted by a lawyer who knows this shit really well.
Drawing graffiti on the property of others, including public entities, is illegal in Japan and may be subject to criminal responsibility. Penal Code Art. 261 criminalizes an act to “damage” property of others, punishable by imprisonment with labor up to 3 years, and fines up to 300,000 yen (about 3,000 USD) or a petty fine.
The Supreme Court of Japan clarified the interpretation of “Damage” in 1967 in a case where a defendant stuck about 60 leaflets on the building walls. The Court declared that the term “damage” means any act that impairs the property’s function either entirely or partially, including blemishing its appearance. It elaborated that the property has its own beauty as it is, and any act of impairing its appearance constitutes “damage”, even though the property’s function is not damaged in essence. So, unsanctioned art will not be looked kindly upon.
If the property is a building, Penal Code Art. 260 (Damage to Buildings) may apply, punishable by imprisonment with labor up to 5 years.
3. Getting in trouble
Importantly, the charge under Art. 260 is indictable only when the property’s owner files a complaint to the public prosecutor or the police (Penal Code Art. 263). Therefore, unless the victim files such a complaint, the police do not usually initiate investigations. They still can do without the complaints, but it is very unlikely that judges issue an arrest warrant.
The police will collect any evidence which help them identify who did it. In general, such evidence includes eyewitnesses, CCTV on the streets, history of credit card usage in nearby stores, etc.
Even though damaging property is considered a minor crime, in certain cases police may seek an arrest warrant from court, and most likely, a lengthy detention will follow. It is not an automatic process, but judges tend to rubber stamp the requests from the public prosecutors for a detention order.
Once detained, you will be held in custody for 10 days, and maybe for 10 more days if a judge grants a prosecutor’s request. The period in custody will amount to 23 days in maximum prior to indictment.
As detention puts you in a very vulnerable situation, it is very important to know your rights.
First, you have the right to have a defense counsel (For the details of the defense lawyer system, please see the next chapter). You can get legal advice through privileged communication. However, in practice, you don’t have the right to have a defense counsel present at interrogations.
Second, you have the right to communicate with the consular of your home country under the Vienna Convention.
Third, and most importantly, you have the right to remain silent, which is protected under Japan’s Constitution. One of the characteristics of Japan’s criminal justice system is that the police and the prosecutor heavily rely on confessions. Therefore, they will put pressure on you to admit the charge and give details. Moreover, you often must confront the interrogator alone without your defense counsels. Therefore, this is why the right to remain silent is extremely important to protect yourself.
The interrogators may ask you about any other (uncharged) offences. You should be careful of whether you speak and what you say regarding such topics. They are eager to get confessions from you, especially when they do not have any other evidence to prove that you are involved in the graffiti you are being caught for or other graffiti which they believe you may have created. Before you speak to the interrogator, you should speak to your defense counsel.
4. Getting out of trouble
You can retain a defense counsel of your choice. Some of the Embassies, such as those of the U.S., Canada and Australia, provide a list of the English-speaking attorneys with expertise, which will help you choose the best defense counsel.
If you are unable to retain a private lawyer, you may ask for a court-appointed counsel. After arrest, you may request for legal assistance for free. Once requested, a lawyer on duty will come to see you at the police station to give legal advice. If you are detained following the arrest, a court-appointed counsel system is available.
A court-appointed counsel has the same duty as any private one to do their best as a legal professional to protect your rights. However, the court randomly selects and appoints a lawyer as your defense counsel, and you have no choice for your preference. As you may imagine, some lawyers are good at criminal defense work and some are not. Additionally, most Japanese lawyers are not fluent in English and you might feel some frustration with communication through interpreters.
The con of retaining a private lawyer is legal costs. If the lawyers do not speak your language and need to have an interpreter, you must bear the translation costs as well. You should be careful with this before you make a contract.
Defense work will vary depending on the cases. If there is no dispute with the charge, the lawyer will focus on negotiating with the alleged victim to have them withdraw the complaint. Once again, the charge under Art. 260 is indictable only when the victim files a complaint to the law enforcement. If the property’s owner drops their complaint, the prosecutors cannot pursue indictment anymore, meaning that there is no need to detain you anymore. In this sense, negotiation with the owner for withdrawing the complaint is essential not only for the future indictment but also for your getting out from the detention. The negotiation usually works by proposing compensation for costs of the repairs etc.
5. What you can expect as an outcome
Under Japan’s criminal justice system, you will have a trial once indicted, even if you already admit the charge. Statistics show that the defendants plead guilty in 88.6% cases. In the cases where the defendants contest the charges, the conviction rate is extremely high- 97.7% (2019). This means that you have little chances to win the case in reality. Additionally, you will likely be detained while awaiting trial. Bailouts are rarely granted for foreigners, especially when you don’t have residence in Japan. (For the details, please see the next chapter.) Given these circumstances, indictment will cause detrimental consequences to you.
The exception is a summary conviction. If the prosecutor seeks a fine, not imprisonment, and there is no contest with the charge, the prosecutor is entitled to file a summary indictment with your consent. On a summary indictment, you will be convicted, sentenced to fine less than JPY 300,000, and released after paying the fine.
Therefore, it is strongly recommended to settle the case to stop the prosecutor from filing an indictment. To make this happen, your defense counsel will negotiate with the property’s owner for withdrawing the complaint so that the prosecutor will not pursue formal indictment. At the same time, the defense counsel is expected to negotiate with the prosecutor as well to ensure that they will drop the charge or file a summary indictment.
Please note that if you are innocent, don’t give up claiming your innocence and never compromise. It could still occur that the prosecutors drop the charge, finding a lack of evidence to convict you.
6. Special considerations for overseas artists arrested in Japan
Foreign artists may face discriminatory treatment by the police. Specifically, police sometimes target foreigners for “stop and interrogation” on the street, especially in such hotspots like Shibuya, despite not having any reasonable suspicion of the foreigner having committed a crime. The police officers ask the foreigners to show their passport or residence card for ID, and if you fail to do so, you may be arrested. A failure to possess a passport is a minor crime, but it gives an excuse to the police to conduct warrantless search incident to an arrest. They will pat down your body, look inside your bag, and put their hands in your pocket to find any contrabands.
Once you are arrested for any charges, you will face a lengthy detention prior to indictment, as discussed. Once you are indicted, you will be eligible to file a bail request. However, realistically, foreigners have little likelihood of getting granted bail, as they usually do not have a residence in Japan.
Further, you may face a risk of deportation if your visa status expires while awaiting trial. The immigration office does not extend your visa status, especially if it is a short-stay visa for the purpose of sightseeing. You should ask your lawyer regarding your visa status.
7. Embassy contact info for assistance
USA: https://jp.usembassy.gov/
Canada: https://www.international.gc.ca/country-pays/japan-japon/tokyo.aspx?lang=eng
Australia: https://japan.embassy.gov.au/tkyo/home.html
UK: https://www.gov.uk/world/organisations/british-embassy-tokyo
China: http://jp.china-embassy.gov.cn/jpn/
Korea: https://overseas.mofa.go.kr/jp-ja/index.do
France: https://jp.ambafrance.org/-Francais-
Germany: https://japan.diplo.de/ja-de
Spain: https://www.exteriores.gob.es/Embajadas/tokio/en/Paginas/index.aspx
8. How TOTEMO promotes street art
I hope you have found this guide helpful. If interested to learn more about us, hit us up via our website or via our contact info below.
Our company, TOTEMO KK, is focused upon the promotion of street art and graffiti in Japan and around the world. Our belief is that the world needs more artists, not less, and we are committed to make this happen via our events, digital merchandise and street wear clothing brand build together with street artists.
Through publications like this, promotion of artists and sales of digital works and street wear featuring kick ass street art and graff work that we like we aim to grow the scene. We have a bit of an ability to bend the world to what we want to happen, so hit us up.
Happy bombing!
totemo.io
Marty
