Liberal Democratic Party members clashed Thursday over whether to ban prosecutors from appealing retrial decisions in a proposed legal reform [1].

The dispute centers on the speed of relief for the wrongfully convicted. If prosecutors can appeal a court's decision to grant a retrial, the legal process is delayed, potentially leaving innocent people imprisoned for years while the appeal is litigated.

The debate took place during a meeting of the LDP's Legal Affairs Division and the Judicial System Research Committee on May 7 [1]. The primary point of contention is where the ban on prosecution appeals should be written within the legislation. The Ministry of Justice has proposed placing the ban in the supplementary provisions, but some lawmakers argue it must be included in the main body of the law to ensure legal permanence [3].

Rep. Yoide (LDP) argued that the main body of the law is the only way to provide a factual basis for the ban. "If we are to provide a factual basis for the fact that appeals must not be made, I believe it is essential to have it written in the main text," Yoide said [3].

Former Defense Minister Tomomi Inada (LDP) expressed frustration with the government's reluctance to adopt the lawmakers' suggestions. Inada said, "They aren't listening to our side even one millimeter."

While some officials predicted the matter would be resolved by the end of the day on May 7 [2], other reports indicate the government remains cautious and has not yet finalized its position [4]. The tension reflects a broader struggle within the ruling party to balance the power of the state's prosecution office against the rights of defendants seeking to overturn previous convictions.

“"They aren't listening to our side even one millimeter."”

This internal LDP conflict highlights a systemic tension in the Japanese judiciary between the state's desire for finality in convictions and the push for more robust human rights protections. Moving the appeal ban from supplementary provisions to the main law would significantly weaken the prosecution's ability to block retrials, potentially accelerating the exoneration process for those claiming wrongful conviction.