Background of the Retrial System Reform
In April 2026, it was reported that the Japanese government is considering amendments to the Code of Criminal Procedure (CCP). The central focus is a proposal to impose a deadline on prosecution appeals (immediate appeals, or "sokuji kōkoku") against retrial commencement orders. This initiative follows the Hakamata case, in which a retrial acquittal was finalized in 2024, and aims to ensure earlier relief for victims of wrongful convictions.
How the Current Retrial System Works
Article 435 of the Code of Criminal Procedure prescribes the grounds for retrial petitions. The main grounds are as follows:
| Retrial Grounds (CCP Art. 435) | Description |
|---|---|
| Paragraphs 1–5 | Fabrication of evidence, perjury, judicial misconduct, etc. |
| Paragraph 6 | Discovery of new, clear evidence that should lead to an acquittal |
In practice, the vast majority of retrial petitions rely on Paragraph 6 (discovery of new evidence). Once a court issues a retrial commencement order, a retrial hearing is held under Article 450 of the CCP to re-examine guilt or innocence.
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Try for free →The Core Issue: Prosecution Appeals Against Retrial Orders
Under the current CCP, when a court grants a retrial order, the prosecution is permitted to file an immediate appeal (sokuji kōkoku) (by analogous application of CCP Articles 450 and 422). Following this, a special appeal (tokubetsu kōkoku) is also available, meaning that retrial orders must pass through multiple levels of judicial review before becoming final.
The Hakamata Case: A Case Study in Systemic Delay
The case of Iwao Hakamata exemplifies the problems of the current retrial system.
| Event | Year |
|---|---|
| Death sentence finalized | 1980 |
| First retrial petition filed | 1981 |
| First retrial petition finally rejected | 2008 |
| Second retrial petition filed | 2008 |
| Shizuoka District Court grants retrial | 2014 |
| Tokyo High Court overturns retrial order | 2018 |
| Tokyo High Court (remanded) grants retrial | 2023 |
| Retrial acquittal finalized | 2024 |
It took approximately 58 years from arrest to acquittal. During this period, prosecution appeals alone consumed more than 10 years after the initial retrial order.
Proposed Amendments: A One-Year Appeal Deadline
According to reports, the key elements of the proposed amendments are as follows:
| Item | Current Law | Proposed Amendment |
|---|---|---|
| Prosecution immediate appeal | No deadline (proceedings may take years to over a decade) | One-year deadline imposed |
| Special appeal | Available after immediate appeal is dismissed | Under consideration for restriction |
| Commencement of retrial hearing | After all appeal procedures are exhausted | Retrial automatically commences upon expiration of the appeal deadline |
These amendments are expected to significantly shorten the period between the retrial order and the retrial hearing.
Proposals by the Japan Federation of Bar Associations
The Japan Federation of Bar Associations (JFBA) has long submitted position papers calling for retrial law reform. The JFBA's main proposals include:
- Prohibition of prosecution immediate appeals (a more radical position than merely imposing a deadline)
- Mandatory evidence disclosure (requiring the prosecution to disclose evidence in its possession to retrial petitioners)
- Court-appointed defense counsel for retrial petition proceedings (the current law does not provide for court-appointed counsel at the retrial petition stage)
The JFBA takes the view that allowing prosecution appeals against retrial orders is inherently inconsistent with the criminal law principle of "in dubio pro reo" (when in doubt, rule in favor of the defendant).
International Comparison
A comparison of prosecution appeal rights in retrial proceedings across major jurisdictions:
| Country | Prosecution Appeals |
|---|---|
| Japan (current) | Both immediate and special appeals permitted |
| Japan (proposed) | One-year deadline on immediate appeals |
| Germany | Prosecution immediate appeals against retrial orders permitted |
| United Kingdom | Criminal Cases Review Commission (CCRC) system; no prosecution appeal mechanism |
| United States | Varies by state, but many states impose deadlines on prosecution objections |
Outlook and Practical Implications
- The proposed amendments are expected to be formally discussed by the Legislative Council during 2026
- For practitioners, attorneys handling retrial cases should closely monitor amendment developments and incorporate the latest outlook when advising clients
- A key issue is whether the amended law will apply to retrial cases already pending (transitional provisions)
- Wrongful conviction advocacy groups are calling for a complete ban on prosecution appeals, viewing the one-year deadline as a compromise
- Whether evidence disclosure reforms are simultaneously enacted will be critical to the effectiveness of the overall reform
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*Houritsu no Mikata Editorial Team | Published April 26, 2026*
