Japan's Justice Ministry will present a revised amendment to the retrial system law that prohibits prosecutors from appealing court decisions [1].

The move is intended to prevent prosecutors from using appeals to delay or block the retrial process for convicted individuals. By limiting the ability of the state to challenge a court's decision to grant a retrial, the government aims to resolve long-standing criticisms of the criminal justice system's rigidity.

The Justice Ministry's revised proposal makes the prohibition of prosecutor appeals a principal rule [1]. This shift follows strong internal opposition within the ruling Liberal Democratic Party (LDP) regarding how such restrictions should be codified [2].

A key LDP internal committee meeting is scheduled for the afternoon of the 7th [1]. The party aims to approve the bill during this session to ensure it can be processed within the current Diet session. One unnamed LDP member said, "If it is not settled today, it will be difficult to pass in the current Diet" [2].

Suzuki Keisuke, Chair of the Judicial System Research Committee, said the committee should consider the proposal, including potential modifications to the government's draft [3].

There are conflicting reports regarding the finality of the bill's structure. While some sources state the prohibition is now a principal rule [1], others suggest it remains unclear whether the ban will be a principal rule or a supplementary provision [2]. Similarly, the timeline for submission to the Diet remains contested. Some reports indicate a Cabinet decision is expected the day after the meeting [1], while other sources describe the submission timeline as opaque [2].

“The Justice Ministry's revised proposal makes the prohibition of prosecutor appeals a principal rule.”

This legislative shift represents a significant change in the balance of power between the state and the accused in Japan. By making the prohibition of prosecutor appeals a principal rule, the government is prioritizing the speed and accessibility of retrials over the prosecutors' ability to maintain a conviction. If passed, it could reduce the years of litigation often required for wrongfully convicted prisoners to secure a new trial.