Japan’s Justice Ministry Proposes 1-Year Limit on Court Deliberations over Retrial Appeals by Prosecutors

The Yomiuri Shimbun

17:28 JST, April 14, 2026

The Justice Ministry has compiled a draft proposal setting a one-year period for court proceedings if prosecutors appeal a decision to begin a retrial, as part of a bill to reform the current retrial system, The Yomiuri Shimbun has learned.

The purpose of the bill is to revise the Criminal Procedure Code. It is hoped that the modification will help speed up retrial proceedings, but it remains unclear whether it will gain the understanding of the Liberal Democratic Party, which is reviewing the bill.

The ministry aims to submit the bill during the current Diet session. Deliberations are ongoing at joint meetings of LDP commissions, including the Research Commission on the Judiciary System.

As it stands, the bill under review would allow prosecutors to appeal against retrial decisions, as under the current law. This has spurred widespread criticism that it fails to address the root cause of prolonged retrial proceedings. As a result, reaching a consensus has been difficult.

Following the postponement of Cabinet approval, which was initially scheduled for Friday, the ministry has been considering modifying the bill by including certain restrictions on prosecutor appeals.

According to sources close to the ministry, the draft of the modification stipulates that if a prosecutor appeals a decision to begin retrial proceedings, the court has one year to determine whether to uphold the decision. Incorporating this into the supplementary provisions of the bill is being considered.

Additionally, the bill will outline particulars that should be considered when filing an appeal, and the supplementary provisions include a requirement to review the revised law after five years.

The ministry hopes to present the draft at an upcoming joint meeting, but many within the ruling bloc still call for a complete ban on prosecutor appeals.

At Monday’s joint meeting of the LDP commissions, experts’ opinions were heard, and lawyers opposing the bill argued for a ban on prosecutor appeals.

The content of the draft may change depending on ongoing discussions. The ministry will finalize the modified version of the bill based on the views of ruling bloc lawmakers, and aims for Cabinet approval within this month.