The Japanese Ministry of Justice will present a revised criminal procedure amendment to the Liberal Democratic Party (LDP) that prohibits prosecution appeals [1].

This shift is critical because it addresses long-standing delays in the retrial process. By preventing prosecutors from filing appeals against decisions to grant a retrial, the government aims to ensure that defendants facing potential exoneration are not kept in prison for years while the state contests the court's decision.

The Ministry of Justice developed this revised proposal after facing strong opposition and criticism from within the LDP [1]. The previous version of the proposal did not provide the same level of legal certainty. To secure a consensus, the ministry decided to move the prohibition of prosecution appeals from an annex into the main text of the law [1], [2].

According to the dossier, the revised proposal is scheduled to be presented on May 15, 2026 [3], during a joint meeting of the LDP's Judicial System Research Commission and the Legal Affairs Department in Tokyo [1], [3].

Additional measures in the proposal aim to increase transparency and efficiency. The revised system mandates that the retrial process be reviewed every five years [4]. Furthermore, if a prosecutor does file an appeal, the subsequent trial period will be restricted to within one year [5].

Reports on the atmosphere of these proceedings vary. Some sources said the revised plan is expected to be approved during the afternoon session on May 15 [1]. However, other reports suggest the meetings have been volatile, with a moderator who said the meeting had not yet officially begun due to early disputes [3].

“The Ministry of Justice decided to move the prohibition of prosecution appeals from an annex into the main text of the law.”

This amendment represents a significant pivot in Japan's judicial balance, shifting power away from the prosecution to prevent the 'stalling' of retrials. By codifying the prohibition of appeals in the main text of the law rather than as a guideline, the government is attempting to provide a more rigid legal guarantee that retrials will proceed swiftly, potentially reducing the time wrongfully convicted individuals spend in detention.