Japan Panel to Mull Limiting Use of Civil Trial Evidence

Tokyo, Sept. 4 (Jiji Press)–Japanese Justice Minister Hiroshi Hiraguchi said Friday that he will ask an advisory panel to consider a law revision barring the use of evidence submitted in civil trials for purposes not directly related to court proceedings. Hiraguchi told a press conference that he will ask the Legislative Council, which advises the justice minister, at its meeting on Sept. 14 to consider the change to the Code of Civil Procedure. The request will come after video evidence submitted by the government in damages lawsuits against the state involving improper interrogations by prosecutors was played in court and broadcast by television and other media outlets. The proposed law revision may restrict the public release of such videos. “While taking into account concerns that have been raised, I hope the council will conduct thorough deliberations,” Hiraguchi said. The Code of Criminal Procedure bans the use of evidence disclosed by the prosecution other than for trial proceedings and preparations. A code revision enacted in July applied a similar ban to evidence submitted in retrial proceedings. Meanwhile, the Code of Civil Procedure does not ban the use of evidence and confidential information for purposes unrelated to trials or the provision of copies of such evidence to third parties. This has made it possible for plaintiffs suing the state for damages to release government-submitted evidence through the media to raise public awareness, even if the same evidence was not allowed to be made public in a criminal trial. “I felt that it was a defect (for evidence) to suddenly be made open when the issue became a civil matter,” a senior prosecutor said. “We must ensure the protection of secrets to encourage the submission of necessary evidence,” a Justice Ministry official said. The ministry will consider the specific scope of evidence subject to the disclosure ban, which is likely to cover private information and trade secrets. In February, the Justice Ministry urged regional legal affairs bureaus to consider measures to restrict public disclosure of evidence in state damages suits, including avoiding the playing of video evidence in court. This came as three plaintiffs separately sued the government between 2022 and 2024 over improper questionings by prosecutors, and videos of the interrogations were played in hearings for all three cases. In a suit against the Yokohama District Public Prosecutors Office, lawyers for the plaintiff released the footage on YouTube. “We believe (the Legislative Council) will consider how to balance (privacy and confidentiality concerns) with the public’s right to know and other considerations,” an official of the Justice Ministry’s Civil Affairs Bureau said. “An open court is an important system that is constitutionally protected,” Tomoyuki Mizuno, a former judge and professor at Hosei University’s law school, said. “If it is to be restricted, a clear basis must be provided.” The Legislative Council will also consider other changes to the Code of Civil Procedure, including promoting the use of a system to collect evidence before lawsuits are filed, creating a system for investigating defendants’ whereabouts before courts serve complaints, and improving the effectiveness of a procedure involving the sharing of information between parties after suits are filed. Such proposed changes are aimed at tackling the increasing complexity of cases associated with digitalization and the prolonged duration of court proceedings. END [Copyright The Jiji Press, Ltd.]