Japan's House of Representatives passed an amendment to the Code of Criminal Procedure on June 16 [1].

The legislation aims to increase transparency and fairness in the retrial process after years of pressure from opposition parties and victims of wrongful convictions.

Under the new rules, prosecutors are generally prohibited from filing appeals against decisions to start a retrial [3]. Previously, prosecutorial objections could significantly delay the process for defendants seeking to clear their names. The amendment also limits the scope of evidence disclosure to materials that have a clear "relevance" to the grounds for the retrial request [4].

The bill moved through the legislative process this month, having previously been passed by the House Committee on Judicial Affairs on June 12 [2]. The passage in the lower house was supported by a majority, including members of the Liberal Democratic Party, the Nippon Ishin no Kai, and the Sanseito party [1].

To ensure the law remains effective, the government will consider reviews of the system every five years after the law takes effect [5].

Family members of those wrongfully convicted have viewed the legislative progress as a critical step toward justice. Hideko Hakamada, the sister of Iwao Hakamada, who has been a central figure in Japan's wrongful conviction debates, said the progress was "the first step" [6]. Despite the passage, Hakamada said the reform received a "50% evaluation" [7].

“prosecutors are generally prohibited from filing appeals against decisions to start a retrial”

This reform addresses a long-standing criticism of the Japanese legal system, where the prosecution's ability to block retrials often left convicts in legal limbo for decades. By limiting prosecutorial appeals and clarifying evidence rules, the state is shifting the balance of power slightly toward the defense. However, the 'relevance' requirement for evidence disclosure remains a potential point of contention, as prosecutors may still hold significant discretion over what is deemed relevant.