QUOTE OF THE DAY: "After it comes into into force, the government will review the law every five years. "I am disappointed," Hideko Hakamata, the 93-year-old sister of Iwao Hakamata, said as she joined a press conference in Tokyo via online. "I had expected slightly better revisions at least." "I guess we just have to wait for what comes five years later," she also said."
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QUOTE TWO OF THE DAY: " Junichi Matsuda, president of the Japan Federation of Bar Associations, expressed doubt on whether the reform will help bring justice to the falsely accused swiftly, saying that "many areas are left at prosecutors' discretion." He said in a statement that evidence disclosure should be broad so that those seeking retrials can prepare to make their case. On the other hand, a ban on the unintended use of evidence may discourage retrial seekers and their lawyers from pursuing new information as well as sharing the information with media to publicize their case."
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PASSAGE OF THE DAY: "The issue of prosecutorial appeals was also a major sticking point when the LDP ( Liberal Democratic Party) examined the Justice Ministry's initial proposal, which allowed for such moves. The ministry modified the bill three times before submitting it to the Diet. In Hakamata's case, about 43 years passed between the first retrial request and his final acquittal. In 2010, prosecutors disclosed evidence at the court's insistence that fueled doubt about the death sentence finalized by the Supreme Court in 1980. Although Hakamata was released from prison in 2014, his long incarceration had deteriorated his mental state, making communication difficult."
STORY: "Japan Diet passes law to revise controversial retrial system for 1st time," published by Mainichi Japan, on July 17, 2026.
GIST: TOKYO (Kyodo) -- The Japanese parliament on Friday enacted a revised law that prohibits, in principle, prosecutors from appealing court decisions granting retrials, marking the first reform to the post-World War II criminal retrial system, which has been criticized for delaying justice to the wrongly convicted.
The amendment to the 1948 Code of Criminal Procedure has been hailed as a step to address prolonged retrial proceedings, which in some cases have lasted for decades, but still leaves room for prosecutorial appeals in a disappointment to the families of the unjustly convicted.
Although major opposition parties such as the Centrist Reform Alliance demanded an outright ban on such appeals, the bill passed the House of Representatives on June 16 and the House of Councillors on Friday.
In the upper house where the ruling camp is a minority, the ruling Liberal Democratic Party and its coalition ally, the Japan Innovation Party, were joined by smaller opposition forces including right-leaning populist, Sanseito, in voting in favor of the bill.
Following the enactment, the Supreme Public Prosecutors Office said it will strive to properly operate the new system so that it functions as an "extraordinary remedy procedure," while "taking seriously" the criticism prosecutors have faced in the past.
Calls to change the retrial system have gained traction following an acquittal in 2024 in the retrial of 90-year-old Iwao Hakamata over a 1966 quadruple murder case in Shizuoka Prefecture, which brought an end to his family's struggle against an unjust conviction that kept him on death row for nearly half a century.
Under the revised law, which will be implemented in phases within a year of its promulgation, prosecutors will only be permitted to challenge a court decision to reopen a case if there are "sufficient" grounds. If an appeal is filed, the government must disclose the reason.
The revision also allows courts to require prosecutors to submit new evidence, when necessary, though this is limited to "only evidence relevant to the reason" for seeking a retrial.
Critics say the criminal procedure law, prior to the change, lacked provisions for disclosing information in the possession of prosecutors and investigators for retrials, which prevented easy access to evidence that could favor the wrongfully convicted.
Using disclosed evidence for purposes other than retrial proceedings will be prohibited to protect the privacy of victims involved in a case, and violators could face imprisonment for up to one year or a fine of up to 500,000 yen ($3,100).
Meanwhile, a court screening process will be introduced to allow for the early dismissal of cases that fail to meet the formal requirements for retrial petitions.
After it comes into into force, the government will review the law every five years.
"I am disappointed," Hideko Hakamata, the 93-year-old sister of Iwao Hakamata, said as she joined a press conference in Tokyo via online. "I had expected slightly better revisions at least."
"I guess we just have to wait for what comes five years later," she also said.
Junichi Matsuda, president of the Japan Federation of Bar Associations, expressed doubt on whether the reform will help bring justice to the falsely accused swiftly, saying that "many areas are left at prosecutors' discretion."
He said in a statement that evidence disclosure should be broad so that those seeking retrials can prepare to make their case. On the other hand, a ban on the unintended use of evidence may discourage retrial seekers and their lawyers from pursuing new information as well as sharing the information with media to publicize their case.
The issue of prosecutorial appeals was also a major sticking point when the LDP examined the Justice Ministry's initial proposal, which allowed for such moves. The ministry modified the bill three times before submitting it to the Diet.
In Hakamata's case, about 43 years passed between the first retrial request and his final acquittal.
In 2010, prosecutors disclosed evidence at the court's insistence that fueled doubt about the death sentence finalized by the Supreme Court in 1980. Although Hakamata was released from prison in 2014, his long incarceration had deteriorated his mental state, making communication difficult."
https://mainichi.jp/english/articles/20260717/p2g/00m/0na/022000c
