Wednesday, April 20, 2016

Reform proposal calls for plea bargaining, limited recording of questioning, more telephone wiretapping and email surveillance

The Japan Times : 1 July 2014

 In April 2016, Criminal Justice Reform Bill (of the below contents) is under discussion at the Diet. 

The Justice Ministry has released a reform proposal for criminal investigations and trials seeking to introduce mandatory recording of questioning in limited cases, expansion of wiretapping and introduction of a plea bargain system.

The ministry plans to submit relevant bills to the Diet next year to push for substantial reforms after the Legislative Council recommends the proposed measures.

The proposal calls for audio or video recording of the entire interrogation process for suspects in cases subject to lay judge trials and investigations conducted exclusively by prosecutors.

The proposal comes after bar associations and other groups demanded that interrogation processes in all criminal cases be recorded to help prevent false charges.

It also seeks to extend law enforcement authorities’ use of telephone wiretapping and email surveillance to more than 10 additional crimes, including conspiracy to commit murder, arson, robbery, fraud and theft.

(Wiretapping and email surveillance are done at the presence of the staff(s) inside the communication company, so far. Under the proposed bill, the police can process these activities witho...ut the attendance of the communication company's staff(s) inside police office. )
 

The proposal also calls for plea bargaining to be introduced, under which prosecutors would agree to withdraw an indictment if a suspect provides depositions or evidence in connection with other cases related to financial and drug crimes.

 (Some people worry that this may increase the false charge.)

http://www.japantimes.co.jp/news/2014/07/01/national/crime-legal/reform-proposal-calls-for-recording-of-questioning-plea-bargaining/#.VxMHuP1FDZ7

 

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