Retrial Bill Receives Support of Sanseito

The bill for reforming judicial system for retrial is poised to pass the Diet with support of the leading parties and an opposition party in current session. Before the bill was submitted to the Diet, the ruling Liberal Democratic Party (LDP) accumulated intensive discussion against Ministry of Justice and the public prosecutors office over the system of requesting a retrial for defendants. Even with revision of the bill, it is still unsure that false charge of public prosecutors will be eliminated. 

Over the bill for reforming retrial system, the LDP had unusual battle against the public prosecutors office. The LDP demanded that the law should prohibit the public prosecutors blocking defendant’s request for retrial, with lessons from false accusation on Iwao Hakamada who was detained for decades with death penalty and found innocent in a retrial. The public prosecutors insisted on their power for blocking request of retrial, being afraid of excessive requests for retrial by defendants in criminal cases.

 

Reflecting that discussion, Sanae Takaichi government submitted a bill of revised Code of Criminal Procedure on May 15^th, which basically prohibits public prosecutors’ dispute against a request of retrial and exceptionally allow them disputing to the court only when they have sufficient evidence. Opposition parties including Centrist Reform Alliance, Team Mirai and Japan Communist Party submitted their own bill which completely rules out public prosecutors’ dispute, arguing that government’s bill had a loophole.

 

It had not been clear whether the bill of the government pass the Diet, because the leading coalition by the LDP and Japan Innovation Party (JIP) does not have a majority in the Upper House. The leading coalition needed support from an opposition party. The first choice for the LDP to ask help is the Democratic Party for the People (DPP), but the DPP opposed the government’s bill. Then, the LDP asked Sanseito, which has fifteen seats in the Upper House, to fulfill a majority. Sanseito approved the bill of government with some revisions.

 

The revisions of the bill are mainly about disclosure of evidence. The court can discretionally recommend the public prosecutors to disclose any evidence necessary for requesting a retrial. While the disclosed evidence cannot be used for undesignated purpose, this rule should be reconsidered every five years. In the case of Hakamada, his supporters discussed disclosed evidence and was successful in winning a retrial. The opposition parties except Saiseito are opposing to the bill.

 

Sansaito’s support for the leading coalition indicates new trend of Diet procedure. The LDP has been seeking cooperation from the DPP to fulfill majority in the Upper House. Although the DPP may take a close position to the leading parties in economic policies, it sometimes takes distance in other agenda.

 

The Constitution of Japan has a provision (Article 59) that two-third majority in the Lower House can overturn a decision of the Upper House. But, Takaichi is reluctant to use this power, being afraid of criticism on unilateral procedure. It is likely that the LDP will need support from the opposition parties for each issue to pass the Diet, as seen in the time when the LDP did not have a majority in both chambers.