Criminal Procedure Code at Japan
Japan's criminal justice system is governed by the Code of Criminal Procedure (刑事訴訟法, Keiji Soshohō), enacted on July 10, 1948, under Act No. 131. This code outlines the procedures for criminal investigations, prosecutions, trials, appeals, and the execution of judgments. (Code of Criminal Procedure - Japanese/English - Japanese Law Translation)
📘 Overview of the Code of Criminal Procedure
The Code is structured into several parts, each focusing on different stages of the criminal process:
Part I: General Provisions
Establishes the purpose of the Code, which is to ascertain the truth of criminal cases and to apply criminal laws swiftly and appropriately, while ensuring the protection of public welfare and individual human rights.
Part II: First Instance
Details the procedures for the investigation and trial of criminal cases, including the roles of judicial police officers, prosecutors, defense counsel, and the courts.
Part III: Appeals
Outlines the processes for appealing judgments, including who may appeal and the grounds for appeal.
Part IV: Retrial
Provides provisions for the retrial of cases under certain conditions.
Part V: Extraordinary Appeal
Covers exceptional procedures for challenging final and binding judgments.
Part VI: Summary Proceedings
Describes simplified procedures for handling minor offenses.
Part VII: Execution of Decisions
Details the enforcement of criminal judgments, including the execution of sentences.
⚖️ Key Features and Recent Amendments
Right to Counsel: The Code ensures the right of the accused to be informed of their right to remain silent and to have legal representation.
Detention and Bail: Provisions are in place regarding the detention of suspects, including the issuance of detention warrants and conditions for granting bail.
Speedy Trial: The Code emphasizes the importance of conducting trials without undue delay.
Recent Amendments: The Code has been amended several times to address evolving legal standards and practices. Notably, Act No. 36 of 2006 introduced reforms to enhance the fairness and efficiency of criminal proceedings. (Code of Criminal Procedure - Japanese/English - Japanese Law Translation)
📚 Accessing the Full Text
The full text of the Code of Criminal Procedure, including its latest amendments, is available in English through the Japanese Law Translation website. This resource provides the official English translation of Japanese laws. (Code of Criminal Procedure - English - Japanese Law Translation)
RELATED Blog
0 comments