Japan Retrial System Likely to Retain Prosecutor Appeals

Tokyo, Jan. 20 (Jiji Press)–Japan’s Justice Ministry released a draft proposal on Tuesday that stops short of banning public prosecutors from filing appeals against court decisions granting retrials. The draft proposal to review the country’s retrial system came despite strong calls to abolish the practice of prosecutors filing appeals against court decisions, which has been criticized for limiting opportunities for retrials. The ministry presented the draft at a meeting of the criminal law subcommittee of the Legislative Council, which advises the justice minister. The ministry also called for imposing criminal penalties on the use of disclosed evidence for purposes other than retrial proceedings. A subcommittee member, who is a lawyer, called the draft proposal “a change for the worse that would hinder relief for the falsely accused.” Still, the proposal was largely supported by other members, such as scholars and public prosecutors. The panel plans to hold a vote on it soon as it aims to draw up a report next month. The government hopes to submit legislation for the reform to the Diet, Japan’s parliament, after the upcoming election for the House of Representatives, the lower chamber of the Diet. The proposal also includes extending the period during which prosecutors can file appeals, from the current three days to 14 days. The Japan Federation of Bar Associations and a suprapartisan group of lawmakers have strongly called for not allowing prosecutors to file appeals against retrial decisions, saying that the practice has been leading to prolonged procedures. Meanwhile, the proposal called for penalizing unintended uses of disclosed evidence with imprisonment of up to one year or a fine of up to 500,000 yen. The move would prevent defense teams from sharing evidence with supporters and news organizations. Lawyers were able to provide relief to falsely accused convicts in the past by publicizing new evidence and appealing to the public. “It would prevent legitimate legal representation activities,” a lawyer on the subcommittee argued. The draft also called for enabling courts to reject retrial pleas in a screening process, and for excluding judges who approved the start of retrials from sitting in subsequent retrial hearings. “This may exclude judges who believe (the convicted) are innocent, and make it difficult to issue acquittals,” a lawyer on the subcommittee said. END [Copyright The Jiji Press, Ltd.]