
Die japanische Regierung erwägt die Einführung von Beschränkungen für die Berufung von Staatsanwälten gegen Entscheidungen zur Gewährung von Wiederaufnahmeverfahren. Befürworter argumentieren, dass die Staatsanwälte versuchten, sie zu stoppen, selbst wenn klar war, dass ein Angeklagter fälschlicherweise verurteilt wurde
https://news.yahoo.co.jp/articles/c82dd405b779d968e976d60ad621cc9b7796412a
3 Kommentare
Had to do a lot of digging, but to explain what is happening to my understanding:
1. In Japan you can have up to 3 trials for a case (trial, appeal, appeal to the supreme court), but in order to get a retrial the defendant side needs to ask for it and has to be granted.
2. The defendant side of things is claiming that prosecutors object to retrials even in cases where obviously the previous trial was not properly handled and wants the retrials to be granted swiftly, the prosecutor say that allowing people declared to be guilty to easily ask for retrials goes against fair play.
3. As far as I can see, internationally speaking it is assumed that trials can be wrongly done and people should not be declared guilty unless there is total certainty of it, while in Japan it is more about following procedure and having the judge be a mediator in the defendant vs prosecutor battle. Assuming innocence of people is less of a concern than in Europe or the US for instance.
4. Lately there have been cases in which the prosecutors have blocked retrials causing people declared after as innocent to spend a long time in jail waiting for resolution, and I assume there is also some popular concern about the power that the police and prosecutors have to try to push people to be guilty by defauk.
99% conviction rate is obviously fake. Plenty of wrongful conviction, hidden evidence, manufactured evidence and collusions.
You don’t get a 99.9% conviction rate without the ENTIRE criminal justice system being insanely, unfairly maligned against the accused.
Doesn’t matter if they say they’re innocent and the police have no evidence, they’ll just legally physically and psychologically assault and torture him for 30 days before releasing him only to rearrest him 5 minutes later and start rhe process all over again until they sign a confession, which is immediately accepted and looked no further into.
People LOVE to shit on the American justice system, but holy FUCK.