The House of Representatives Justice Committee is expected to approve an amendment to the Code of Criminal Procedure to reform Japan's retrial system [1, 2].

This legislative shift represents the first major overhaul of the retrial system since the end of World War II. The changes aim to strengthen the fairness and transparency of criminal proceedings by limiting the ability of prosecutors to block retrials and restricting the misuse of evidence [2, 3].

Rep. Takashi Fujihara (LDP) said the proposal includes adding systems to prohibit the use of evidence for purposes other than those intended and creating a formal list of evidence held by prosecutors [1]. These measures are designed to prevent the withholding of evidence that could potentially exonerate a defendant during a retrial request [3].

Under the proposed amendments, the government will include five specific items in a mandatory review process that occurs every five years [3]. This ensures that the legal framework remains adaptable to evolving standards of justice and human rights [3].

Passage of the bill appears likely after the ruling coalition and the Sansei Party reached an agreement, securing a path toward a majority in both the House of Representatives and the House of Councillors [1]. While some reports indicated internal party friction and potential further revisions by the Ministry of Justice [4], other sources indicated the vote had already occurred or was imminent [1, 2].

The agreement between the ruling parties and the Sansei Party is seen as the decisive factor in ensuring the bill passes during the current Diet session [1]. By establishing clearer rules on evidence disclosure and prosecutor appeals, the amendment seeks to address long-standing criticisms of the Japanese judiciary's reluctance to grant retrials in cases of suspected wrongful convictions [3].

“This legislative shift represents the first major overhaul of the retrial system since the end of World War II.”

The reform addresses a critical point of tension in the Japanese legal system: the high barrier for defendants to secure retrials. By limiting the power of prosecutors to appeal retrial decisions and mandating evidence lists, the law shifts the balance of power slightly toward the defense. If fully implemented, this could lead to a higher rate of retrials and a potential increase in exonerations for long-term prisoners.