Japan's ruling Liberal Democratic Party approved a government amendment on May 14, 2026 [1], that generally prohibits prosecutors from appealing retrial decisions.
The move aims to strengthen the retrial system and address long-standing concerns regarding wrongful convictions. By limiting the ability of prosecutors to block retrials through appeals, the government intends to create clearer safeguards against the abuse of prosecutorial power.
Under the proposed changes to the Criminal Procedure Law, prosecutors will be barred from filing an appeal—known as *koko*—against decisions to grant a retrial, unless they can demonstrate sufficient grounds [2, 3, 4]. The amendment also includes a requirement to review the retrial system every five years [5].
Suzuki, chair of the LDP Judicial System Research Committee, said the new measures reflect the demands of the public [6]. Lawmaker Iide (LDP) said some individuals, including himself, had wept out of frustration when dealing with the process [7].
Former policy chief Inada (LDP) described the amendment as a first step toward a larger goal. She said that while the party is still midway through its efforts, she intends to continue working toward the relief of victims of wrongful convictions [8].
Following the party's approval, the government is expected to make a formal decision on the amendment during a cabinet meeting on May 15, 2026 [1, 2].
“The amendment includes a provision to review the retrial system every five years.”
This legislative shift represents a significant pivot in Japan's judicial approach to the 'presumption of innocence' and the rights of the accused. By restricting the prosecution's power to obstruct retrials, the government is acknowledging systemic failures that have historically led to prolonged incarcerations of the wrongfully convicted. The five-year review cycle suggests an admission that the current legal framework requires iterative correction to meet international human rights standards.
