Introduction of a Bargaining System to Japanese Criminal Procedure
A criminal proceeding bargaining system (“Bargaining System“) was launched in June 2018 as one of the reforms to the Japanese criminal justice system aimed at improving and diversifying the evidence collection process and enhancing trial proceedings. The Bargaining System is among a series of new tools that investigators may use in gathering evidence.
Under the Bargaining System, a prosecutor and a suspect or defendant (individual or company) accused of certain types of crimes may enter into a formal agreement under which the suspect/defendant agrees to provide certain evidence or testimony that will aid in the charging or investigation of an offence of a certain type of crime by a “third party” (individual or company). In exchange for the suspect/defendant’s cooperation, the prosecutor agrees to withdraw or reduce his/her criminal charges. Although Japanese prosecutors were bargaining behind the scenes even before the introduction of the Bargaining System, the Japanese criminal justice system had not formally approved the concept of bargaining in relation to criminal charges. In Japan, “bargaining” is widely believed to be incompatible with criminal procedures, and the practice has also been criticized for its potential to distort the truth. The mechanics of the Bargaining System have therefore attracted extensive public attention.
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