Japan’s LDP Approves Ban on Prosecution Appeals in Retrial Cases

The Liberal Democratic Party’s joint meeting, which includes its Judicial System Investigation Council, has approved a bill to prohibit, in principle, appeals by the prosecution against retrial decisions. The amendment is designed to embed this prohibition directly into the main text of the Code of Criminal Procedure, signalling a structural change to how retrial outcomes are finalised.

According to a report by NHK News Japan on 13 May 2026, the decision was reached as part of a broader review of Japan’s retrial system. The government plans to finalise the bill at a cabinet meeting and submit it to the Diet shortly, indicating an expedited legislative timeline for the proposed reforms.

The phrase “in principle” suggests that the prohibition may not be absolute, leaving room for potential exceptions that have not yet been detailed in the current report. This wording implies that the ruling party is balancing the need for finality in retrial verdicts with the prosecutorial right to seek redress in specific, undefined circumstances.

This development follows earlier discussions within the reform process, which included proposals to prohibit the out-of-purpose use of evidence. Researchers have previously raised concerns regarding verification capabilities in that context, highlighting the complex interplay between procedural efficiency and evidentiary integrity in the proposed changes.

The LDP’s Judicial System Investigation Council has been actively examining these procedural reforms, reflecting a sustained effort to overhaul aspects of the criminal justice system. As the bill moves toward cabinet approval and subsequent Diet submission, the precise scope of the ban and its impact on existing legal strategies remain to be seen.