Overview
- The government has sent a bill to the Diet to overhaul retrial rules, with debate expected this month as opposition parties file a broader rival plan.
- The proposal would bar prosecutors from appealing court orders to start retrials in principle, with a narrow exception for cases a court deems to have sufficient grounds, which critics say could keep delays alive.
- Courts could compel prosecutors to turn over files only when three conditions are all met—relevance to the claim, need to disclose, and no harm from release—prompting warnings that key proof could stay hidden.
- The bill would ban using disclosed evidence for purposes outside the retrial process and set penalties of up to one year in custody or a ¥500,000 fine, raising fears that supporters and the press could be shut out; in the Hakamada case, publicized photos helped expose major doubts.
- A new screening step would let judges decide early whether to move to full hearings on a retrial request, which advocates warn could trigger more swift dismissals and narrower access to review.