Dispute against Retrial Remains
Sanae Takaichi Cabinet approved on May 15 th the bill of revised Code of Criminal Procedure which added new rules on retrial. Although the draft includes a clause that basically prohibits public prosecutors to dispute against a request of retrial, it still allows them disputing only when they had a “sufficient reason.” Voices of some lawmakers with the Liberal Democratic Party (LDP) who demanded complete abolition of disputing were turned down. The biggest point in discussion over retrial system has been whether the law should allow public prosecutors power to dispute a request of retrial. In the case of Iwao Hakamada who was wrongly charged with murder and sentenced death penalty, dispute by public prosecutors blocked Hakamada’s request for retrial and caused decades-long detention of him. The retrial was finally taken place and Hakamada was found innocent. The case ignited discussion over reform of the retrial system. It is ordinary that bureaucrats in a mini...