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Japan Drafts Retrial Reforms That Keep Prosecutors’ Appeal Rights

An outline due by mid-February positions the plan for post‑election Diet debate, with a rival lawmakers’ bill pushing an appeal ban.

Overview

  • The Justice Ministry on Jan. 20 presented a reform draft to its Legislative Council that does not prohibit prosecutors from appealing retrial-start decisions.
  • Procedural changes include court screening to dismiss certain requests before disclosure plus a ban on external use of disclosed materials.
  • Courts would be required to order submission only of evidence judged related to the reasons for the retrial request, establishing a narrowed but mandatory disclosure rule.
  • The Japan Federation of Bar Associations filed a counterproposal and criticized the plan as detrimental to wrongful‑conviction relief, while most council members favor retaining appeal rights.
  • The council aims to deliver an outline around Feb. 12, the ministry plans to submit a bill after the lower‑house election, and a cross‑party draft seeks an explicit appeal ban likely to feature in Diet deliberations.