Japan Enacts First Retrial System Revision Since 1948 Code

Japan's parliament enacted a bill Friday to revise the retrial system for the first time since the Code of Criminal Procedure was established in 1948. The measure cleared the House of Councilors by majority vote in a plenary session and had passed the House of Representatives last month. The revised code prohibits prosecutors from appealing court orders to initiate retrials in principle.

Appeals remain possible in exceptional cases where sufficient grounds exist. Courts may order prosecutors to submit evidence when relevance and necessity are established. The code also bars disclosure of evidence to third parties for purposes unrelated to retrial proceedings and sets penalties for violations.

Supplementary provisions added during lower house deliberations require review of the retrial system, including the evidence-use ban and prosecutors' evidence lists, every five years. A related resolution adopted Thursday by the Upper House Judicial Affairs Committee urges prosecutors to consider submitting an evidence list when a court recommends it.