Government finalises plan to submit bill reforming retrial system

The Japanese government has finalised its strategy to submit a legislative proposal to the Liberal Democratic Party regarding significant reforms to the criminal retrial system. The plan, which represents the culmination of recent adjustments, intends to present the draft bill on 13 May 2026.

At the core of this initiative is a proposal to amend the Criminal Procedure Act. The specific measure seeks to codify the principle that prosecutors are prohibited from filing objections against decisions to open retrials. By establishing this prohibition as a standard rule within the Act, the government aims to create a more definitive framework for handling cases where retrials are ordered.

The Ministry of Justice has led the review of the existing retrial mechanisms, identifying current procedures as a source of potential friction. Under the current arrangement, prosecutors retain the ability to challenge decisions to reopen cases, a process that can introduce delays and generate conflict within the judicial workflow. The proposed legislation is designed to eliminate these specific avenues for objection.

Internal discussions within the Liberal Democratic Party are currently underway to evaluate the new draft following prior consultations. Preliminary feedback from within the party indicates a positive reception to the direction of the proposal. These exchanges suggest that the government's approach aligns with the party's current assessment of the necessary legal adjustments.

The primary objective of this legislative change is to streamline the overall legal process. By preventing prosecutorial challenges to retrial orders, the reform intends to reduce administrative bottlenecks and avoid the complications that arise when the prosecution contests the reopening of a case. This structural change targets the efficiency of the judicial system rather than altering the substantive rights of the accused.

While the core intent of the bill is clear, the full text of the proposal presented on 13 May 2026 has not yet been detailed in public reports. Consequently, the precise scope of the amendments and any ancillary provisions remain subject to minor adjustments before the official submission is finalised.

The evaluation of the draft by the Liberal Democratic Party remains at a preliminary stage based on internal party exchanges. Until these discussions are formalised in public parliamentary records, the extent of the party's support for the specific wording of the bill may evolve.