The House of Representatives Justice Committee held a live hearing Tuesday on a draft amendment to the Criminal Procedure Law regarding Japan's retrial system [1].
This legislative shift aims to prevent wrongful convictions and streamline legal proceedings by limiting the ability of prosecutors to block retrials. By restricting the power of the state to appeal these decisions, the government seeks to ensure that individuals wrongly convicted can seek justice more efficiently [2], [3], [4].
During the hearing at the National Diet Building in Tokyo, the committee called three witnesses to provide testimony [1]. These included Hakamada Hideko, as well as lawyers Yoshizawa Toru and Murayama Hiroaki [1]. The testimonies focused on the necessity of revising the current framework to better protect the rights of the accused [2], [3].
Central to the proposed amendment is a provision that would generally prohibit prosecutors' objections, known as kōkoku [2]. Under the current system, prosecutors have frequently used these objections to delay or stop retrials from proceeding, a practice the amendment intends to curtail [3], [4].
While there were reports that the government initially planned to submit the amendment on June 10, records indicate the amendment was submitted to the Diet on June 15, 2026 [3], [4]. The hearing served as a critical step in the legislative process, allowing lawmakers to question legal experts and affected parties about the practical impact of the changes [1].
Lawmakers and legal advocates have argued that the existing system is too heavily weighted in favor of the prosecution. The proposed restrictions on objections are designed to remove systemic bottlenecks that have historically left prisoners in legal limbo for decades [2], [4].
“Proposed amendments to the Criminal Procedure Law would generally prohibit prosecutors from objecting to retrial decisions.”
This reform represents a significant pivot in Japan's judicial philosophy, moving away from a system that grants prosecutors substantial control over the retrial process. By limiting 'kōkoku' objections, the state is acknowledging a systemic failure in preventing wrongful convictions and is attempting to lower the barrier for defendants to challenge original verdicts.




