Japan's Ministry of Justice presented a revision amendment to the Criminal Procedure Code that would generally prohibit prosecutors from appealing court decisions to start retrials [1].

The proposal aims to prevent prosecutors from lengthening legal proceedings through appeals, which supporters argue delays the resolution of cases for those seeking to clear their names.

The amendment was presented April 15, 2024, during a Liberal Democratic Party (LDP) party meeting in Tokyo [2]. The package includes nine specific items for revision [3]. Central to the proposal is the "principle prohibition" of prosecutor appeals, though the ministry specifies this is a general rule rather than a total ban [1], [4].

LDP members have pushed for these changes to streamline the retrial process. The proposal follows an intense period of internal deliberation, with some discussions lasting approximately 30 hours [5].

Suzuki Keisuke, the chair of the LDP Judicial System Research Committee, said the deliberations were spirited and lasted nearly 30 hours. He said he expects the party to establish a firm direction based on the various perspectives shared during the meetings [5].

While the Ministry of Justice and the LDP are moving toward a "principle prohibition," some party members have pushed for a more absolute, full prohibition of such appeals [1]. The final language of the amendment will determine the extent to which prosecutors can still challenge a court's decision to grant a retrial.

“The proposal aims to prevent prosecutors from lengthening legal proceedings through appeals.”

This amendment represents a significant shift in Japan's judicial balance, prioritizing the speed of retrials over the prosecutors' ability to contest them. By limiting the power of the state to block a retrial through appeals, the Japanese government is addressing long-standing criticisms regarding the slow pace of the justice system in correcting wrongful convictions.