Japan Govt to Delay Submission of Retrial System Reform Bill

Tokyo, April 9 (Jiji Press)–The Japanese government is set to delay the submission to the Diet, or parliament, of a bill aimed at amending the country’s retrial system, initially scheduled for this week. The move came as the government sees the need to take more time for coordination. The bill to revise the criminal procedure law, drafted by the Justice Ministry, continues to allow public prosecutors to appeal court decisions to reopen finalized trials. In response to criticisms of the system, the government is considering modifying the bill by setting limits on prosecutors’ appeals. It is preparing to present a modified version of the bill to the ruling Liberal Democratic Party as early as next week. However, it remains uncertain whether the modified bill can gain the LDP’s approval. Some in the party are calling for banning prosecutors from challenging courts’ retrial decisions. At executive board meetings of the steering committees of both Diet chambers on Thursday, Deputy Chief Cabinet Secretaries Kei Sato and Masanao Ozaki explained the government’s decision on the postponement. “As various opinions were presented in the LDP’s internal review procedures, further coordination will be required,” Chief Cabinet Secretary Minoru Kihara said at a press conference the same day. “We will continue preparations to submit the bill as soon as possible during the current Diet session,” the top government spokesman added. The Justice Ministry initially aimed to obtain cabinet approval for the bill Tuesday, ahead of the perceived deadline on Friday for its submission to the Diet. But it gave up the plan in the face of strong opposition from the LDP. The ruling and opposition camps have agreed to handle the criminal procedure law amendment as an important bill requiring extensive debates with the participation of the prime minister in related committee and plenary meetings of both chambers of the Diet. Bills typically designated as such are those believed to have a significant impact on the public and therefore require particularly careful discussions. It is rare for such a bill to be submitted behind schedule. Former Justice Minister Keisuke Suzuki, who heads the LDP’s Research Commission on the Judiciary System, repeated his demand that the Justice Ministry modify the bill, at a joint meeting Thursday with the party’s Judicial Affairs Division to discuss the legislation. According to a meeting participant, a representative from the ministry replied that it will consider action, including possibly amending the bill. The ruling party is set to hold a hearing on Monday with Legislative Council members who opposed the criminal procedure law revision bill. The council, which advises the justice minister, adopted a proposal on which the bill is based. Controversy regarding the legislation centers on the system of allowing prosecutors to appeal against retrial orders. Many argue that the system is the biggest factor hindering relief for victims of false charges, and many participants of the LDP meeting on Thursday called for a ban on appeals. Meanwhile, the Justice Ministry maintains its stance that it is unreasonable for a single lower court decision to overturn a ruling finalized under the country’s three-tier trial system. Another contentious issue in the amendment is a proposal to introduce a system to screen retrial petitions before the start of full-fledged court procedures for deciding whether to reopen trials. Concerns are strong over the prior screening system, with opponents citing a possible increase in the number of petitions that would be dismissed. Opposition also persists over the proposals to limit the scope of evidence disclosure by investigative authorities during retrial proceedings, impose penalties for the use of disclosed evidence for improper purposes, such as sharing it with retrial supporters or the news media, and remove judges who ordered retrials from subsequent court proceedings. END [Copyright The Jiji Press, Ltd.]