Opposition Seeks Wider Evidence Disclosure in Retrial Bill

(The quote in the fourth paragraph should have read, “…is the pursuit of the truth, the expression ‘allowing disclosed evidence to be used for retrials’ would serve that purpose,” instead of as sent. A substitute story follows.) Opposition Seeks Wider Evidence Disclosure in Retrial Bill Tokyo, June 23 (Jiji Press)–The opposition Constitutional Democratic Party of Japan on Tuesday requested again that a retrial system reform bill be amended further to widen the range of evidence subject to mandatory disclosure in retrial cases. The request was made at the Judicial Affairs Committee of the House of Councillors, the upper chamber of the Diet, the country’s parliament, where substantive deliberations began on the bill to revise the Code of Criminal Procedure. The CDP also renewed calls for scrapping a provision banning the use of disclosed evidence for purposes outside retrial proceedings. “If the overriding purpose of the revision (of the code) is the pursuit of the truth, the expression ‘allowing disclosed evidence to be used for retrials’ would serve that purpose,” CDP member Hiroe Makiyama said, adding that sensitive information could be redacted to protect privacy. State Minister of Justice Hidehiro Mitani, however, objected that the ban had been decided as a result of various debates, apparently bearing in mind discussions at the Legislative Council, which advises the justice minister. The bill features a new rule basically banning prosecutors from appealing court decisions to open retrials and a new mechanism allowing courts to order prosecutors to submit evidence. But such orders would be issued only in cases in which judges deem it appropriate, and prosecutors would not be required to disclose a list of evidence in their possession. The bill also includes penal provisions barring disclosed evidence from being provided to third parties for purposes not directly related to retrial proceedings. The legislation was amended and passed by the House of Representatives, the lower chamber, on June 16, with the ban on use for purposes other than retrial proceedings and the treatment of evidence lists set to be reviewed every five years. The change prompted Sanseito to back the bill, making it almost certain that the Upper House will enact it during the current Diet session ending in July. END [Copyright The Jiji Press, Ltd.]