The Liberal Democratic Party approved a proposed amendment to the Code of Criminal Procedure on Wednesday that generally prohibits prosecutors from appealing court decisions to grant retrials [1].
This legislative shift aims to prevent the prolonged delay of retrials for those potentially wrongfully convicted. By limiting the ability of prosecutors to file complaints, known as "koko," the government seeks to increase transparency and fairness in the judicial process [2].
The decision followed a joint meeting of the LDP's Legal Affairs Division and the Judicial System Research Commission in Tokyo [1]. Rep. Tomomi Inada (LDP) said the move is a significant step toward restoring trust in the criminal justice system [3].
Under the approved amendment, the provision to generally prohibit such appeals is integrated into the main body of the law [2]. While the LDP's approved version emphasizes a general prohibition, some reports indicate that appeals may still be possible in specific, limited circumstances rather than being entirely banned [4].
Support for the reform has extended beyond the LDP, with more than 380 lawmakers from a cross-party coalition reportedly backing the legal changes [5]. The push for reform comes amid ongoing criticism regarding the length of time it takes for the Japanese legal system to rectify wrongful convictions.
Inada said that prosecutors filing complaints against retrial decisions is an act that damages trust [6]. She said that the review of the retrial system is a major step toward recovering the reliability of criminal justice [3].
“The review of the retrial system is a major step toward recovering the reliability of criminal justice.”
This amendment targets a specific bottleneck in the Japanese legal system where prosecutors could stall the start of a retrial by appealing a court's decision to grant one. By moving the prohibition of these appeals into the main text of the law, the LDP is attempting to shift the balance of power toward the judiciary's decision to reopen cases, potentially accelerating the exoneration process for the wrongfully convicted.
