Japan - Revision history

IBJadmin at 15:13, 11 August 2014

2014-08-11T15:13:50Z

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	When the case under public prosecution does not constitute a crime or has not been proven to be a crime, the court shall render a not guilty verdict in the judgment. (Article 336)		When the case under public prosecution does not constitute a crime or has not been proven to be a crime, the court shall render a not guilty verdict in the judgment. (Article 336)

			''VIII. Impartial Trial''

			Article 17 states that “A public prosecutor shall request the next higher court of the court concerned to effect a change of jurisdiction when:
			(i) The competent court is unable to exercise its jurisdiction owing to legal reasons or special circumstances;
			(ii) There is the fear that the impartiality of the trial cannot be maintained owing to the general sentiment of the local people in the district, the state of the proceedings or any other circumstances.”

			In the cases prescribed in each of the items of the preceding paragraph, the accused may also request a change of jurisdiction.

	''Several laws pertaining to trial and criminal justice are listed below:''		''Several laws pertaining to trial and criminal justice are listed below:''
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	''VI. Other pre-Trial Proceedings''		''VI. Other pre-Trial Proceedings''

			(1) When the court deems it necessary to conduct productive proceedings of a trial consecutively, systematically and speedily, the court may, after hearing the opinions of the public prosecutor and the accused or his/her counsel and prior to the first trial date, order on a ruling that the case be subject to a pretrial arrangement proceeding as trial preparation for arrangement of the issues and evidence of the case (Article 316-2).

	Prior to the first trial date, the Code of Criminal Procedures indicates, “the judge shall take charge of the disposition concerning detention” (Article 280). During detention, “the judge shall immediately notify the accused of the facts charged, his/her statement, and, unless issuing a detention warrant, shall order release of the accused immediately (Article 280).		Prior to the first trial date, the Code of Criminal Procedures indicates, “the judge shall take charge of the disposition concerning detention” (Article 280). During detention, “the judge shall immediately notify the accused of the facts charged, his/her statement, and, unless issuing a detention warrant, shall order release of the accused immediately (Article 280).

IBJadmin at 15:12, 11 August 2014

2014-08-11T15:12:03Z

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 ''VI. Rights Pertaining to Criminal Justice:''
 The constitution guarantees access to court and prevents unlawful detention, as officers carrying out arrests must hold warrants issued by a competent judicial officer. Seized individuals must be informed of the charges against him or her, as well as his or her immediate right to counsel. Defendants are guaranteed a speedy and impartial trial. They are protected from the infliction of torture and cruel punishments from any public officer, and they are not required to testify against themselves.
 ''Several laws pertaining to trial and criminal justice are listed below:''
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 Seized Items may be retained. (Article 102)
-''V. Pre-Trial Proceedings''
+In cases in which a person who apparently possesses information essential to the investigation of a crime refuses to appear or make a statement voluntarily at the interrogation pursuant to the provision of paragraph 1 of Article 223, a public prosecutor may, only before the first trial date, request a judge to examine him/her as a witness(Article 226).
 Prior to the first trial date, the Code of Criminal Procedures indicates, “the judge shall take charge of the disposition concerning detention” (Article 280). During detention, “the judge shall immediately notify the accused of the facts charged, his/her statement, and, unless issuing a detention warrant, shall order release of the accused immediately (Article 280).
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 ====Trial====
 Japan eliminated the jury trial in 1943. Today, the majority of criminal cases are tried before either one or three judges, depending on the charge. Defendants have the right to a public and open trial. Defense attorneys may cross-examine witnesses and have the right to compulsory process<ref>Constitution of Japan, Art. 37(2)</ref>. In 2009 new legislation reintroduced the jury system in the form of lay judges. However, these are only available in certain serious cases. Judges take an active role in the trial, calling witness, requesting evidence and determining both the guilt and sentence phases of the case.
 ====Post-Conviction====

IBJadmin at 15:08, 11 August 2014

2014-08-11T15:08:56Z

Show changes

IBJadmin at 15:02, 11 August 2014

2014-08-11T15:02:48Z

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 On May 1947, Japan adopted a new constitution matching MacArthur’s system reforms; this constitution guaranteed popular sovereignty, liberal democracy, and fundamental human rights. It also maintained that the emperor should serve as a symbol without political power, and that the individual should come before society and state. Apart from constitutional law, acts such as The Diet Act, the Cabinet Act and the Judiciary Act also have constitutional significance in the Japanese Judicial System.
-Today, Japan is a homogenous country. 99% of its population, of 127,000,000 citizens, is Japanese. Its criminal justice system is said to have one of the highest conviction rates in Asia. Despite constitutional provisions banning torture, forced [[Confessions|confessions]] are said to be frequent. Many defendants are convicted on nothing more than a confession with little or no corroborating evidence.
 ==Sources of Defendants' Rights==

IBJadmin at 08:58, 22 July 2014

2014-07-22T08:58:46Z

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	\|}		\|}
	==Background==		==Background==
	~~Modern Japan was formed~~ in 1945 ~~after~~ the Allied ~~Forces defeated~~ Japan ~~in World War II~~. ~~After~~ the ~~war Japan~~ was ~~controlled by American forces. The country's constitution took effect on May 3~~, ~~1947~~ and ~~created a democratic government with significant reforms~~.		Following Japan’s Defeat in the Pacific War in 1945, General Douglas MacArthur took control of Japanese territories, serving as the Supreme Commander for the Allied Powers (SCAP). As the SCAP, MacArthur sought to democratize Japan, implementing several fundamental systemic changes to the existing system. In the span of two years, the Japanese imperial military was dismantled, the economy was democratized, separation of church and state was enacted, and individual rights were established through the abolishment of legislation that restricted political, civil, and religious liberties.

	Japan is a ~~homogenous country with almost 99 percent Japanese~~. ~~The country is~~ a ~~series of islands~~ that ~~were unified~~ in ~~1590~~. Today, Japan ~~has~~ a population of 127,000,000 citizens.		On May 1947, Japan adopted a new constitution matching MacArthur’s system reforms; this constitution guaranteed popular sovereignty, liberal democracy, and fundamental human rights. It also maintained that the emperor should serve as a symbol without political power, and that the individual should come before society and state. Apart from constitutional law, acts such as The Diet Act, the Cabinet Act and the Judiciary Act also have constitutional significance in the Japanese Judicial System.
			Today, Japan is a homogenous country. 99% of its population, of 127,000,000 citizens, is Japanese. Its criminal justice system is said to have one of the highest conviction rates in Asia. Despite constitutional provisions banning torture, forced [[Confessions\|confessions]] are said to be frequent. Many defendants are convicted on nothing more than a confession with little or no corroborating evidence.
	~~Japan's~~ criminal justice system is said to have one of the highest conviction rates in Asia. Despite ~~[[Constitution of Japan\|~~ constitutional provisions]] banning torture, forced [[Confessions\|confessions]] are said to be frequent. Many defendants are convicted on nothing more than a confession with little or no corroborating evidence.

	==Sources of Defendants' Rights==		==Sources of Defendants' Rights==

IBJadmin at 07:53, 4 April 2013

2013-04-04T07:53:44Z

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			{{Languages\|Japan}}


	{\| style="float: right; padding:10px; margin:5px 0px 20px 20px; width: 280px; border: 1px solid darkblue"		{\| style="float: right; padding:10px; margin:5px 0px 20px 20px; width: 280px; border: 1px solid darkblue"
	\|-		\|-

Ibjadmin: /* Defendants' Rights */

2011-02-22T21:13:03Z

Defendants' Rights

← Older revision		Revision as of 23:13, 22 February 2011
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	==Defendants' Rights==		==Defendants' Rights==
	Defendants are entitled to notice of charges<ref>Constitution of Japan, Art. 33</ref> and adequate counsel at time of arrest.<ref>Constitution of Japan, Art. 33</ref>		Defendants are entitled to notice of charges<ref>Constitution of Japan, Art. 33</ref> and adequate counsel at time of arrest.<ref>Constitution of Japan, Art. 33; "The accused or a suspect in custody may, without having an official present, have an interview with his or her defense counsel or any other person who is going to be his or her defense counsel upon request of the person who is entitled to appoint defense counsel ... and may deliver or receive any documents or any other articles to or from the defense counsel or said person." Japan Criminal Procedure Code Article 39(1)</ref>

	Defendants have the right to remain silent: "In the case of interrogation ..., the suspect shall, in advance, be notified that he or she is not required to make a statement against his or her will."<ref> Japan Criminal Procedure Code, Art. 198(2)</ref>		Defendants have the right to remain silent: "In the case of interrogation ..., the suspect shall, in advance, be notified that he or she is not required to make a statement against his or her will."<ref> Japan Criminal Procedure Code, Art. 198(2)</ref>

Ibjadmin: /* Defendants' Rights */

2011-02-22T21:11:39Z

Defendants' Rights

← Older revision		Revision as of 23:11, 22 February 2011
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	==Defendants' Rights==		==Defendants' Rights==
	Defendants are entitled to notice of charges<ref>Constitution of Japan, Art. 33</ref> and adequate counsel at time of arrest.<ref>Constitution of Japan, Art. 33</ref>		Defendants are entitled to notice of charges<ref>Constitution of Japan, Art. 33</ref> and adequate counsel at time of arrest.<ref>Constitution of Japan, Art. 33</ref>

			Defendants have the right to remain silent: "In the case of interrogation ..., the suspect shall, in advance, be notified that he or she is not required to make a statement against his or her will."<ref> Japan Criminal Procedure Code, Art. 198(2)</ref>

	====Pre-Trial====		====Pre-Trial====
	An individual may be arrested upon issuance of a warrant issued by a competent judicial officer. In serious cases, police may make a warrantless arrest. However, the warrant must be obtained immediately thereafter. It must specify the offense. Extensive pre-trial detention is prohibited under Article 34 of the Constitution and an arresstee must be produced in open court immediately upon request. Police have 48 hours to produce a defendant before the prosecutor. Then, the prosecutor has 24 hours to decide whether to prosecute. If he choses to prosecute, the defendant must be brought to court. Searches and seizures generally require a warrant issued for adequate cause.		An individual may be arrested upon issuance of a warrant issued by a competent judicial officer. In serious cases, police may make a warrantless arrest. However, the warrant must be obtained immediately thereafter. It must specify the offense. Extensive pre-trial detention is prohibited under Article 34 of the Constitution and an arresstee must be produced in open court immediately upon request. Police have 48 hours to produce a defendant before the prosecutor.<ref>Japan Criminal Procedure Code, Art. 203(1)</ref> Then, the prosecutor has 24 hours to decide whether to prosecute.<ref>Japan Criminal Procedure Code, Art. 205</ref> If he choses to prosecute, the defendant must be brought to court. Searches and seizures generally require a warrant issued for adequate cause.

	"The infliction of torture by any officer and cruel punishements are absolutely forbidden" under the Constitution of Japan<ref>Constitution of Japan, Art. 36</ref>		"The infliction of torture by any officer and cruel punishements are absolutely forbidden" under the Constitution of Japan<ref>Constitution of Japan, Art. 36</ref>

Ibjadmin: /* Sources of Defendants' Rights */

2011-02-22T21:08:39Z

Sources of Defendants' Rights

← Older revision		Revision as of 23:08, 22 February 2011
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	==Sources of Defendants' Rights==		==Sources of Defendants' Rights==
	Article 31 through 40 of the Constitution of Japan enumerate many [[Rights of the Accused\|rights]] the accused are entitled to in Japan. These provisions are interpreted by the Supreme Court of Japan.		Japan's criminal justice system is generally considered inquisitorial and is based on the civil law model in which the judge plays a significant role in investigation and trial. Article 31 through 40 of the Constitution of Japan enumerate many [[Rights of the Accused\|rights]] the accused are entitled to in Japan. These provisions are interpreted by the Supreme Court of Japan.

	==Defendants' Rights==		==Defendants' Rights==

Ibjadmin: /* Pre-Trial */

2011-02-22T21:07:42Z

Pre-Trial

← Older revision		Revision as of 23:07, 22 February 2011
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	====Pre-Trial====		====Pre-Trial====
	An individual may be arrested upon issuance of a warrant issued by a competent judicial officer. It must specify the offense. Extensive pre-trial detention is prohibited under Article 34 of the Constitution and an arresstee must be produced in open court immediately upon request. Searches and seizures generally require a warrant issued for adequate cause.		An individual may be arrested upon issuance of a warrant issued by a competent judicial officer. In serious cases, police may make a warrantless arrest. However, the warrant must be obtained immediately thereafter. It must specify the offense. Extensive pre-trial detention is prohibited under Article 34 of the Constitution and an arresstee must be produced in open court immediately upon request. Police have 48 hours to produce a defendant before the prosecutor. Then, the prosecutor has 24 hours to decide whether to prosecute. If he choses to prosecute, the defendant must be brought to court. Searches and seizures generally require a warrant issued for adequate cause.

	"The infliction of torture by any officer and cruel punishements are absolutely forbidden" under the Constitution of Japan<ref>Constitution of Japan, Art. 36</ref>		"The infliction of torture by any officer and cruel punishements are absolutely forbidden" under the Constitution of Japan<ref>Constitution of Japan, Art. 36</ref>

	====Trial====		====Trial====