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The Cabinet approved a bill on May 15, 2026 that restricts prosecutors from appealing court orders for retrials to exceptional cases only. The revision, the first since the system began in 1949, requires public disclosure of reasons if an appeal proceeds and sets a one-year target for judges to reach a decision.
The Cabinet approved a revised bill on Friday that restricts prosecutors' ability to appeal court orders granting retrials. The measure allows such appeals only in exceptional cases with sufficient reasoning. The bill also requires judges to make an effort to reach a conclusion within one year after prosecutors file an appeal.
The changes would mark the first revision to Japan's retrial system since it was introduced in 1949.
Critics of the current system have said that prosecutors' right to appeal has prolonged court procedures for those seeking a retrial. In some instances the process has taken decades. " It leaves room for appeals only when there is sufficient reasoning.
The bill was approved at a Cabinet meeting on May 15, 2026.
The approved bill will now move forward in the legislative process. No timeline for parliamentary debate was provided in the report.
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