Paper short abstract:

In this paper, I will review the changes and remaining issues in the Criminal Procedure in Japan in the Heisei Era. In doing so, I will focus victims awareness and lay participations. I will also discuss the future prospect for the Japanese Criminal Procedure in the Reiwa Era.

Paper long abstract:

In this paper, I am going to review the issues the Criminal Procedure in Japan had faced in the Heisei Era. Japanese Criminal Justice was once criticized as "Silent Pyramid" by one of the most distinguished scholar of Criminal Procedure, Prof. Koya MATSUO. After the late 1990"s, however, the Japanese Criminal Procedure had produced many legislations and amendment. Behind these movements, there have been two important factors: one is awareness for victims and victims' inputs in the criminal procedure (these are often combined with a fear for crime), and the other is lay participation in the criminal justice system which had been dominated by professionals.

The first factors had realized many new legislations such as Reformed Juvenile Act, Domestic Violence Act, Child Abuse Act and Stalker Regulation Act, etc. and Penal Code and Code of Criminal Procedure had been reformed for a few times, and some of these reforms were triggered by victims' outcries. Also, since December 2008, victims of certain serious crime can participate in criminal trials

As for the latter factor, since May 2009, the Lay Judge System and mandatory prosecution systems by the Prosecution Review Commissions were introduced. Especially the Lay Judge System has required the Criminal Justice System to become more "Trial-Centered Approach", which has made the courts little bit more often to reject requests from prosecutors to detains suspects and also, to grant bails after suspects are prosecuted. This may be a sign to improve "hostage justice" image of the Criminal Procedure in Japan. Then, as being reported world-widely, in the end of 2019 (the first year of the Reiwa Era), the escape of Mr. Ghosn (while he was on bail) happened. This incident may cause a backlash in the Criminal Procedure in Japan.

In this paper, I will review the changes and remaining issues in the Criminal Procedure in Japan in Heisei Era and discuss the future prospect for the Japanese Criminal Procedure in the Reiwa Era.