The Legislative Council in Japan has proposed changes to the retrial system, which includes early screening of retrial requests and new rules for evidence disclosure by the prosecution. These changes have raised concerns among legal experts, including former Tokyo High Court judge Hiroshi Kadono, who argues that these proposals represent a significant regression in judicial practice. Kadono highlights the importance of thorough evidence examination in retrial cases and suggests that the proposed reforms may unduly limit the courts' ability to interact with the prosecution in disclosing evidence critical to retrials.

Kadono recalls his experiences from 2008 during the Fukawa incident, where critical evidence initially withheld by the prosecution led to a retrial and acquittal. He underscores that the previous judicial practices actively involved the courts in advocating for evidence disclosure, which has often played a pivotal role in successful retrials. However, the current proposal could stifle this engagement, effectively pushing for early dismissals of retrial claims without fully considering the evidence.

The fears voiced by Kadono reflect a broader concern within the legal community that these reforms may result in an increase in unjust dismissals of retrial petitions. As the legal landscape shifts, stakeholders are urged to contemplate the long-term implications of these changes on the rights of defendants and the integrity of the justice system.