Japan's retrial law overhaul draws expert criticism over evidence limits

Japan's upper house is reviewing a bill to amend the Code of Criminal Procedure that would restrict the scope of evidence prosecutors must disclose in retrial petitions. Opposition‑invited expert witnesses warned that limiting disclosures to evidence directly tied to a retrial request could prevent vital innocence‑proving material from reaching the courts. They called for a broader inventory of evidence to be made available and for clearer rules to stop prosecutors from withholding relevant proof.

The draft also seeks to curb the prosecution’s ability to appeal retrial decisions, allowing appeals only when “sufficient grounds” exist, and introduces penalties for using disclosed evidence beyond the retrial process. Critics say these measures could delay proceedings, hinder swift relief for the wrongfully convicted, and raise privacy concerns, citing high‑profile cases such as Iwao Hakamada’s 58‑year ordeal and the post‑mortem retrial of Hiroshi Sakahara.

Supporters argue the changes will protect the stability of final judgments and prevent frivolous retrial requests, but legal scholars and victim‑rights advocates stress that the reform still favors procedural caution over the speedy exoneration of innocent individuals.