Japan's Ministry of Justice is drafting a revision to the Code of Criminal Procedure to prohibit prosecution appeals against retrial decisions [1].

The amendment aims to speed up the relief process for victims of wrongful convictions. Some members of the ruling Liberal Democratic Party (LDP) have argued that the current ability of prosecutors to appeal retrial starts creates unnecessary delays in exonerating the innocent [1].

Under the proposed main provisions, the prosecution's appeal—known as kōkoku—would be prohibited [1]. However, the draft allows for a limited exception where an appeal may still be filed if there is sufficient reason to cancel the decision to start a retrial [1].

The Ministry of Justice and the LDP are moving quickly to implement these changes. The amendment is scheduled to be presented at an LDP meeting on May 13, 2026 [1]. Following this presentation, the government is targeting a formal cabinet decision by May 15, 2026 [1].

This move comes amid broader discussions regarding the efficiency of the Japanese legal system. Reports indicate that the retrial system is subject to a review interval every five years [2].

During recent proceedings, LDP Law Affairs Chair Fujihara Takashi said those present should refrain from irregular comments before the official agenda began [3]. Defense Minister Inada Tomoyoshi also noted the focus of the discussions, saying that almost everything mentioned by lawmakers centered on the prohibition of appeals [3].

“The government is drafting a revision to the Code of Criminal Procedure that would make the prosecution's appeal to a retrial decision prohibited.”

This legislative shift represents a significant change in the balance of power between the state and the defense in Japan's judiciary. By limiting the prosecution's ability to block retrials, the government is prioritizing the speed of exoneration over the state's ability to maintain a conviction through prolonged appeals. This may lead to a higher volume of retrials and a faster path to freedom for those claiming wrongful conviction.