The Liberal Democratic Party approved a bill Wednesday that would generally prohibit prosecutors from appealing decisions to start retrials [1].
This legislative shift aims to accelerate the retrial process for convicted individuals by reducing the ability of the state to delay proceedings through legal challenges. By codifying this restriction into the Code of Criminal Procedure, the government seeks to ensure greater transparency, and fairness in how retrials are initiated [2].
The decision came during a joint meeting of the LDP's Judicial System Research Committee and Legal Affairs Division held at the party headquarters in Chiyoda Ward, Tokyo [3]. The approved amendment explicitly states the general prohibition of such appeals in the main text of the law [1]. While the bill establishes this general ban, some reports indicate that room for exceptional appeals may still remain [1].
This version of the bill follows three previous rounds of revisions [4]. LDP lawmakers have worked to find a compromise by making the prohibition of appeals a formal part of the legal code [5].
Despite the party's approval, the measure has faced criticism from legal professionals. One lawyer said the bill is "insufficient" [4].
The government expects the measure to receive cabinet approval May 15 [1], after which it will be submitted to the National Diet for deliberation.
“The approved amendment explicitly states the general prohibition of such appeals in the main text of the law.”
The move to codify the prohibition of prosecutor appeals represents a significant shift in Japan's judicial balance, potentially removing a major hurdle for defendants seeking to overturn wrongful convictions. By limiting the state's power to stall retrials, the legislation could lead to faster resolutions for long-term prisoners, though the inclusion of 'exceptional' appeal clauses may leave some ambiguity in how the law is applied in practice.
