抄録
Although the primary goal of the Japanese lay judge system is to improve the framework and process for defendants in criminal trials, this goal will only be achieved once courtroom trial procedures are reformed. Under the current system, court proceedings are dependent on oral, rather than written, statements and arguments, making courtroom hearings more understandable for both defendants and lay judges. However, trials that are based on a foundation of oral statements and arguments are not solidly based, lacking the essential elements of traditional Japanese minute justice, which includes thorough, in-depth investigation and careful identification of cases for prosecution. Therefore, to ensure that due process is met, a complete reform of minute justice and courtroom trial procedures is required. At this time, the Criminal Justice Reform Subcommittee of the Justice Ministry’s Legislative Council is in the process of discussing massive reform of criminal procedure. The Subcommittee has identified serious problems in the current system, related to the following: heavy dependence on interrogation by the investigative officers and written statements of suspects and other persons; non-critical trial proceedings in the courtroom; tremendous influence of the investigation on the result of trial; overemphasis on the revelation of true facts of the cases; decline of due process of law; false confessions; and mistrials. These are procedural problems that are inherent in the traditional Japanese system of minute justice. Only complete reform of this system can address and solve such problems. Thus, current criminal justice procedures and the lay judge system share a common need for reform. Complete revision of the minute justice system should be led by the constitutional principle of due process of law, and careful selection of cases for prosecution based on thorough and in-depth investigation should be reconsidered in terms of extremely high suspicion and frequent use of suspension of prosecution.
