Feb 12 • 08:04 UTC 🇯🇵 Japan Asahi Shimbun (JP)

Review of the Reexamination System Submitted to the Minister of Justice by the Legislative Council: Numeric Standards for Dangerous Driving Requirements

The Japanese Legislative Council has submitted a proposal to the Minister of Justice for a review of the reexamination system and the requirements for dangerous driving, including the introduction of numeric standards.

The Legislative Council of Japan has proposed a comprehensive review of the reexamination system connected with criminal trials and the legal framework surrounding dangerous driving offenses. This proposal includes recommendations for improving the reexamination process, which, if implemented, would mark the first significant change since the Criminal Procedure Act was enacted in 1948. Key issues addressed include a lack of adequate evidence disclosure and prolonged hearings, which have been criticized for compromising justice. The proposal seeks to introduce a fast-tracked screening process for reexamination requests and new rules for evidence disclosure by prosecutors, although it does not include provisions against prosecutors appealing court decisions on reexamination initiation.

The review also aims to establish numeric criteria for prosecuting dangerous driving resulting in injury or death, defining parameters for excessive speed thresholds and blood alcohol content, thus reflecting a more structured approach to these offenses. The proposed changes signal a shift towards a more stringent framework for dangerous driving while addressing public safety concerns. The Ministry of Justice plans to submit related bills to an extraordinary session of the Diet, aimed at addressing these pressing legal reforms.

Legal professionals and organizations, particularly the Japan Federation of Bar Associations, have expressed concern over the implications of these proposals. They argue that the changes might complicate the process for exonerating wrongful convictions, suggesting that the early dismissal of reexamination requests could hinder justice. Meanwhile, revisions to adult guardianship and testamentary laws are also part of this initiative, allowing for a more flexible adult guardianship system and acknowledging digital wills, which represent a modernization of legal processes in Japan, aiming to streamline these aspects of law while maintaining their integrity.

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