Japan Justice Ministry Panel Outlines Retrial System Review

Tokyo, Feb. 12 (Jiji Press)–A Japanese Justice Ministry panel on Thursday compiled an outline of a review of the country’s retrial system that would continue to allow public prosecutors to file appeals against courts’ decisions to start retrials. The Legislative Council also outlined an automobile driving punishment law revision that would set numerical standards for the crime of dangerous driving resulting in death and injury, as well as a Civil Code revision related to the statutory adult guardianship and testament systems. The panel handed the outlines to Justice Minister Hiroshi Hiraguchi the same day. The government plans to submit related bills to a special parliamentary session to be convened Wednesday. Prosecutors will continue to be able to challenge retrial decisions under the outline on a proposed amendment to the criminal procedure law, despite the Japan Federation of Bar Associations and others calling for banning such appeals that could delay relief for falsely convicted people. The outline also calls for establishing a new provision on evidence disclosures under the law, with a penalty proposed against those who used disclosed evidence for purposes other than their original intent. It also includes a provision allowing courts to swiftly dismiss requests for retrials. The outline concerning dangerous driving calls for the crime to be applied to all death and injury incidents caused by vehicles that exceeded speed limits on ordinary roads and expressways by 50 kilometers per hour and 60 kph, respectively. It also proposes that dangerous driving be applied when the drivers’ alcohol levels reach 0.5 milligram or more per liter of breath tested, and when they engage in drifting, or an act to intentionally cause a loss of wheel traction to allow the vehicles to skid sideways. Regarding the adult guardianship system, the outline calls for an opt-out provision, as it is effectively applied for people’s whole lives at the moment. It will also unify the three types of guardianship that are set based on people’s judgment abilities, and allow for flexibly setting the specifics of support. For the testament system, a method allowing so-called digital wills created on computers and smartphones to be stored at the Justice Ministry’s regional legal affairs bureaus is planned to be introduced. The outline also calls for scrapping a requirement for seals, including on holographic wills, while allowing testators to film their wills in the event of emergencies such as natural disasters and getting lost during mountain climbing and other outdoor activities. END [Copyright The Jiji Press, Ltd.]