7.5 Criminal trials

Japanese criminal trials blend civil and common law elements, reflecting the country's unique legal history and cultural values. The system emphasizes rehabilitation and social harmony, influencing trial procedures and sentencing practices.

Understanding criminal trials provides insight into Japan's approach to maintaining social order and balancing individual rights with collective interests. The process involves various stages, from police investigation to potential appeals, with recent reforms aiming to increase transparency and fairness.

Overview of criminal trials

• Criminal trials in Japan blend elements of civil law and common law systems, reflecting the country's unique legal history and cultural values
• Japanese criminal justice emphasizes rehabilitation and social harmony, influencing trial procedures and sentencing practices
• Understanding criminal trials provides insight into Japan's approach to maintaining social order and balancing individual rights with collective interests

Principles of Japanese criminal law

Presumption of innocence

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• Fundamental principle enshrined in Article 31 of the Japanese Constitution
• Requires prosecutors to prove guilt beyond a reasonable doubt
• Applies throughout the criminal justice process, from arrest to final judgment
• Challenges arise due to high conviction rates in Japanese courts (over 99%)

Burden of proof

• Rests entirely on the prosecution to establish guilt
• Standard of proof set at "beyond a reasonable doubt"
• Prosecutors must present convincing evidence for each element of the alleged crime
• Defense not required to prove innocence but may present evidence to create reasonable doubt

Structure of criminal courts

District courts vs summary courts

• District courts handle more serious criminal cases
  • Jurisdiction over cases punishable by imprisonment exceeding 3 years or fines over 1 million yen
  • Trials conducted by panels of three professional judges or mixed panels with lay judges
• Summary courts deal with minor offenses
  • Handle cases punishable by fines up to 1 million yen or imprisonment up to 3 years
  • Single professional judge presides over proceedings
  • Simplified procedures for faster resolution of less serious cases

High courts and Supreme Court

• High courts serve as appellate courts for district and summary court decisions
  • Review both factual and legal issues in criminal cases
  • Panels typically consist of three judges
• Supreme Court functions as the court of last resort
  • Focuses primarily on constitutional issues and matters of legal interpretation
  • Grand Bench (15 justices) or Petty Bench (5 justices) hears cases depending on significance

Pre-trial procedures

Police investigation process

• Initiated upon suspicion of criminal activity or receipt of a complaint
• Involves gathering evidence, interviewing witnesses, and identifying suspects
• Police have limited powers of arrest and detention without a warrant
• Strict time limits on suspect detention before transferring to prosecutor custody

Prosecutor's role and discretion

• Prosecutors review police investigations and determine whether to pursue charges
• Extensive discretionary power to suspend prosecution (起訴猶予 kiso yuyo)
  • Based on factors like severity of offense, circumstances, and likelihood of rehabilitation
• Conduct additional investigations if necessary before deciding on indictment
• Prepare and file formal charges (起訴状 kisojō) with the court

Detention and bail system

• Suspects can be detained for up to 23 days before formal charges
  • Initial 72-hour police detention followed by up to 20 days of prosecutor detention
• Judges must approve detention extensions based on flight risk or evidence tampering concerns
• Bail may be granted after indictment but is relatively rare in practice
  • Strict conditions often imposed, including restrictions on movement and communication

Criminal trial process

Indictment and arraignment

• Prosecutor files formal indictment (起訴状 kisojō) with the court
• Arraignment hearing held to inform defendant of charges and rights
• Defendant enters plea (guilty, not guilty, or no contest)
• Court determines trial schedule and issues necessary orders

Evidence presentation

• Prosecutors present evidence to support the charges
  • Physical evidence, documents, and expert reports introduced
• Defense may challenge admissibility or reliability of prosecution evidence
• Strict rules govern evidence collection and presentation to ensure fairness
• Increasing use of digital and forensic evidence in modern trials

Witness testimony

• Both prosecution and defense may call witnesses to testify
• Witnesses swear an oath to tell the truth before giving testimony
• Direct examination conducted by the party calling the witness
• Judges may also question witnesses directly to clarify points or seek additional information

Cross-examination procedures

• Opposing counsel allowed to cross-examine witnesses after direct examination
• Aims to test credibility of witness testimony and elicit favorable information
• Judges have discretion to limit scope of cross-examination to relevant matters
• Cultural norms in Japan may result in less aggressive cross-examination compared to adversarial systems

Role of judges in trials

Inquisitorial vs adversarial elements

• Japanese system combines elements of both inquisitorial and adversarial approaches
• Judges play active role in questioning witnesses and examining evidence
  • Can request additional evidence or witnesses to be presented
• Parties still responsible for presenting their cases and arguments
• Balance aims to uncover truth while maintaining fairness and efficiency

Judicial decision-making process

• Judges evaluate all evidence and testimony presented during trial
• Apply relevant laws and precedents to facts of the case
• Deliberate in closed sessions to reach a verdict and determine sentence if applicable
• Required to provide written reasoning for their decisions
• Decisions in panel trials reached by majority vote among judges

Lay judge system (Saiban-in)

Composition of lay judge panels

• Introduced in 2009 to increase public participation in criminal justice system
• Panels consist of 6 lay judges and 3 professional judges
• Lay judges serve for duration of a single trial, typically lasting several days
• Professional judges provide guidance on legal matters and trial procedures

Selection and duties of lay judges

• Randomly selected from voter rolls, similar to jury selection in other countries
• Must be Japanese citizens aged 20 or older
• Participate in determining both guilt and sentencing
• Required to keep deliberations confidential even after trial concludes
• Receive basic legal training before trial begins

Cases eligible for lay judge trials

• Serious criminal cases punishable by death penalty, life imprisonment, or imprisonment with hard labor
• Includes crimes such as murder, robbery resulting in death or injury, arson of inhabited buildings
• Excludes cases involving organized crime or those deemed too complex for lay participation

Rights of the accused

Right to counsel

• Guaranteed by Article 37 of Japanese Constitution
• Accused has right to retain private attorney or request court-appointed counsel
• Defense counsel can be present during interrogations but role often limited in practice
• Increasing emphasis on early access to legal representation in recent reforms

Right to remain silent

• Protected under Article 38 of Japanese Constitution
• Suspects and defendants not required to answer questions or provide self-incriminating statements
• Miranda-style warnings given upon arrest, though effectiveness debated
• Cultural pressure to cooperate with authorities can impact exercise of this right

Protection against self-incrimination

• Closely related to right to remain silent
• Confessions obtained through coercion or after prolonged detention may be excluded as evidence
• Debate over admissibility of confessions and interrogation practices ongoing in Japan
• Recent reforms aim to increase transparency in interrogation process (video recording)

Sentencing and punishment

Types of criminal penalties

• Imprisonment with or without forced labor
• Fines and monetary penalties
• Suspended sentences with probation
• Death penalty for most serious offenses (though rarely imposed)
• Community service and rehabilitation programs for minor offenses

Factors influencing sentencing decisions

• Severity and circumstances of the crime
• Criminal history of the defendant
• Degree of remorse shown by the offender
• Victim impact and societal harm caused
• Potential for rehabilitation and reintegration into society
• Sentencing guidelines and precedents from similar cases

Suspended sentences and probation

• Allows courts to suspend execution of sentence for a specified period
• Typically applied to first-time offenders or less serious crimes
• Probation conditions may include regular reporting, counseling, or community service
• Aims to promote rehabilitation while avoiding negative impacts of imprisonment
• Sentence may be activated if probation conditions violated or new offense committed

Appeals process

Grounds for appeal

• Errors in application of law by lower court
• Factual mistakes or misinterpretation of evidence
• Procedural irregularities during trial
• Disproportionate or inappropriate sentencing
• Constitutional violations or human rights infringements

High court and Supreme Court appeals

• High courts hear initial appeals from district and summary courts
  • Review both factual and legal issues
  • Can overturn verdicts, modify sentences, or order retrials
• Supreme Court focuses on legal interpretation and constitutional matters
  • Accepts limited number of cases with significant legal implications
  • Decisions establish binding precedents for lower courts
• Multiple levels of appeal aim to ensure justice and correct errors in lower court decisions

Alternatives to trial

Summary proceedings

• Simplified process for minor offenses with defendant's consent
• Prosecutor submits written materials to court without formal trial
• Judge reviews evidence and issues ruling, typically resulting in fine
• Faster resolution of cases and reduced burden on court system
• Defendant retains right to request formal trial if dissatisfied with summary decision

Plea bargaining system

• Introduced in 2018 as part of criminal justice system reforms
• Allows negotiations between prosecutors and defendants in specific types of cases
  • Limited to economic crimes and drug offenses
• Defendants can receive reduced charges or sentences in exchange for cooperation
• Aims to improve efficiency of investigations and prosecutions
• Controversial due to concerns about potential misuse and false confessions

Criminal justice reform

Recent changes in criminal procedure

• Introduction of lay judge system in 2009
• Mandatory video recording of interrogations in certain serious cases
• Expansion of evidence disclosure requirements for prosecutors
• Implementation of plea bargaining system in 2018
• Reforms aim to increase transparency, fairness, and public participation in criminal justice

Ongoing debates and future directions

• Calls for further expansion of defendant rights and protections
• Discussions on reducing reliance on confessions and improving interrogation practices
• Proposals for expanding types of cases eligible for lay judge trials
• Debates over abolition of death penalty and alternative forms of punishment
• Efforts to address high conviction rates and promote more balanced justice system