Shizuoka Bar Association Pushes for Criminal Retrial Law Reform

The Shizuoka Bar Association’s project team has confirmed its commitment to advancing legislative reform of Japan’s criminal retrial system, specifically targeting amendments to the Code of Criminal Procedure to allow for the reconsideration of finalized criminal judgments under stricter procedural safeguards.

On April 20, 2026, the association’s project team (PT) held a regular online meeting to finalize its policy direction regarding the revision of retrial provisions, emphasizing that restrictions on immediate appeals—known as “kōkoku kinshi” or appeal prohibitions—remain a critical focus in ensuring judicial finality while addressing concerns over wrongful convictions.

The team reiterated that any reform must balance the need to correct potential miscarriages of justice with the integrity of the legal process, arguing that the current system’s high bar for retrials often prevents relief even in cases where new evidence emerges or procedural flaws are identified after a conviction becomes final.

According to the Shizuoka Bar Association, the proposed amendments aim to clarify and narrow the circumstances under which a retrial may be granted, particularly in cases involving newly discovered evidence, false testimony, or violations of due process, while maintaining procedural barriers to prevent abuse of the retrial mechanism.

The association emphasized that the prohibition on immediate appeals following a retrial denial is a key safeguard, noting that allowing successive appeals could undermine the conclusiveness of judicial decisions and encourage repetitive litigation.

Legal experts involved in the initiative pointed to international comparisons, noting that countries such as Germany and South Korea have implemented structured retrial systems with defined time limits and evidence thresholds, which Japan could adapt to its legal framework without compromising procedural stability.

Context and Legal Background

Japan’s current retrial system, governed by Articles 435 to 440 of the Code of Criminal Procedure, permits a retrial only under narrowly defined conditions, such as the discovery of new evidence that could not have been presented during the original trial, or if a court determines that a violation of law affected the verdict. However, legal practitioners and advocacy groups have long criticized the system for setting an excessively high threshold, resulting in very few retrials being granted each year despite persistent concerns about wrongful convictions.

Data from Japan’s Ministry of Justice shows that between 2010 and 2023, an average of fewer than 10 retrials were approved annually out of hundreds of applications, with many dismissed on procedural grounds rather than substantive review of innocence claims. Critics argue that this reflects a systemic reluctance to revisit finalized judgments, even in cases where DNA evidence, recanted testimony, or prosecutorial misconduct has emerged post-conviction.

Proposed Reforms and Safeguards

The Shizuoka Bar Association’s project team has outlined a reform proposal that would introduce clearer criteria for granting retrials, including:

• Explicit recognition of newly discovered scientific evidence, such as DNA analysis, as grounds for retrial;
• Provisions to address cases where key testimony was proven false due to coercion, deception, or witness recantation;
• Clarification that prosecutorial misconduct involving the suppression of exculpatory evidence may warrant a retrial;
• Retention of the prohibition on immediate appeals (kōkoku kinshi) following a retrial denial to preserve judicial finality;
• Introduction of a time-limited window for filing retrial requests after new evidence emerges, aiming to balance timeliness with procedural fairness.

Stakeholder Perspectives

While the Shizuoka Bar Association leads the initiative, it has indicated ongoing consultations with prosecutors, judges, and legal scholars to ensure the proposed changes are both practical and constitutionally sound. The association stressed that reform should not be viewed as weakening the criminal justice system but as enhancing its accuracy and legitimacy.

Internationally, Japan’s retrial rate remains among the lowest in OECD nations. Comparative studies show that countries like Germany and France grant retrials in a significantly higher proportion of cases involving post-conviction DNA evidence, often within five years of discovery. The Shizuoka Bar Association has cited these models as reference points, though it emphasized that any adaptation must align with Japan’s legal traditions and procedural norms.

Next Steps

The project team plans to submit its formal reform proposal to the Japan Federation of Bar Associations (Nichibenren) for broader consultation and potential inclusion in national legislative discussions. While no timeline has been set for Diet deliberation, the association confirmed that it will continue to gather input from legal practitioners across Shizuoka Prefecture and beyond to refine the proposal.