Law of Evidence at Japan
Japan's law of evidence is governed by distinct frameworks for criminal and civil procedures, each designed to ensure fairness and the proper administration of justice.
Criminal Procedure
The Code of Criminal Procedure (刑事訴訟法, Keiji Soshohō) outlines the rules for evidence in criminal trials. Key provisions include:
Admissibility of Documents: Documents may be used as evidence if they are certified by a government employee or made under circumstances that afford special credibility. (Code of Criminal Procedure - English - Japanese Law Translation)
Witness Testimony: Witnesses may refuse to testify if it relates to matters that would harm their own reputation or that of close relatives. (Code of Civil Procedure - English - Japanese Law Translation)
Examination of Evidence: The court examines evidence presented by the parties, and may not examine evidence it considers unnecessary. (Code of Civil Procedure - English - Japanese Law Translation)
Use of Confessions: Confessions obtained under duress have been a significant issue. For instance, Iwao Hakamada's case highlighted concerns about coerced confessions and prolonged detention. (Forced confessions and 23-day police custody: Japan's criminal justice system struggles to reform itself)
Civil Procedure
The Code of Civil Procedure (民事訴訟法, Minji Soshohō) governs evidence in civil cases. Key provisions include:
Offering of Evidence: Parties must specify the fact that the evidence is meant to prove when offering it. (Code of Civil Procedure - English - Japanese Law Translation)
Examination of Evidence: The court examines evidence offered by a party that it considers necessary. (Code of Civil Procedure - English - Japanese Law Translation)
Documentary Evidence: Documents must be offered through the submission of a document or a request for the court to order the person in possession of a document to submit it. (Code of Civil Procedure - English - Japanese Law Translation)
Recent Reforms and Challenges
Japan's criminal justice system has faced criticism, particularly regarding the treatment of suspects during detention. Reports indicate that suspects often face prolonged interrogations without legal counsel, leading to coerced confessions. The case of Iwao Hakamada, who spent nearly 46 years on death row before being acquitted, underscores these concerns. (Forced confessions and 23-day police custody: Japan's criminal justice system struggles to reform itself)
In response, there have been gradual reforms, such as the introduction of popular juries in 2009 for serious cases. However, experts argue that more systemic changes are needed to ensure fair trials and accountability within Japan's legal framework. (Forced confessions and 23-day police custody: Japan's criminal justice system struggles to reform itself)
Accessing the Legislation
For detailed provisions and updates, the full text of the Code of Criminal Procedure and the Code of Civil Procedure can be accessed through the Japanese Law Translation website: (Code of Criminal Procedure - English - Japanese Law Translation)
Code of Criminal Procedure
Code of Civil Procedure
These resources provide comprehensive insights into the legal framework governing evidence in Japan.
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