Japan's Ministry of Justice presented a revised proposal Thursday to prohibit prosecutors from appealing court decisions to start criminal retrials [1].

This move aims to accelerate the legal process for individuals seeking to overturn wrongful convictions. By removing the ability of the public prosecutor's office to file an objection, the government seeks to prevent lengthy delays that often leave defendants in prison while their cases are re-evaluated.

The proposal comes amid growing pressure within the ruling Liberal Democratic Party (LDP). Members of the LDP's legal affairs division said there is a rising consensus that prosecutorial appeals against the start of a retrial should be prohibited in principle [2].

However, a debate has emerged over how this prohibition should be codified. Current government proposals suggest placing the restriction in the supplementary provisions of the law [3]. LDP lawmakers argue that this is insufficient and that the ban must be written into the main provisions to ensure the rule has a firm factual and legal basis [1].

Rep. Iide (LDP) said that if the government wants the prohibition of appeals to have a practical foundation, it is essential to include it in the main provisions [1]. The disagreement centers on whether a supplementary provision would be ineffective in preventing prosecutors from continuing to appeal decisions.

These legislative efforts follow a history of protracted legal battles in Japan. For example, the Osaki case has seen retrial requests filed five times [4]. Such repetitions highlight the systemic delays the Ministry of Justice intends to address through this amendment.

The government's final decision on whether to adopt the LDP's demand for main-provision codification remains undetermined [5].

“The government is revising the criminal retrial system and is considering a amendment that would prohibit prosecutors from filing an objection”

The debate over the placement of the appeal ban—whether in the main or supplementary provisions—reflects a deeper struggle over the balance of power between the judiciary and the prosecution. If the ban is embedded in the main provisions, it creates a more permanent and rigid barrier against prosecutorial interference, significantly lowering the threshold for defendants to reach a retrial and potentially signaling a shift toward a more defendant-centric approach to justice in Japan.