2003 JAPAN LAW: CRIMINAL COURT SYSTEM
Keywords: Criminal Procedure, Courts, Criminal Law
Copyright 2004. All rights reserved Attorney Roderick H. Seeman
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An advisory body to the government has recommended a semi-jury system for criminal cases in Japan. It would involve a combination of a panel of four ordinary citizens and three professional judges. The citizens would have equal power with the judges. Any judgment would be by majority vote, but at least one of the judges must join in.

A new law has also been initiated requiring that criminal trials at district court levels be “speedy” or least finished within two years.

Another advisory body to the government has also recommended that the prosecution inquest committees be given increased powers. These commissions are established at each of the country’s district courts and their branches, totaling about 200. Crime victims can appeal to the commissions if prosecutors fail to prosecute a case. Nevertheless their decisions are not binding on the prosecutors. Presently prosecutors have the sole power to indict. Under the advisory body’s proposal, when the commission recommends a prosecution, the prosecutors will be required to re-examine the case. If within3 months the prosecutors have still failed to prosecute, the committee can confer again and make a legally binding determination to prosecute using as the prosecutor a lawyer they appoint.