The Japan Federation
of Bar Associations (JFBA) entered the "Memorandum between
the German Federal Bar and the Japan Federation of Bar Associations
on Strengthening Legal Exchange and Friendly Co-Operation"
(MOU) on June 24, 2008.
Commemorating the conclusion of the MOU, the seminar on honorary
judges, in other words, lay judges, in the German criminal justice
system was held on the same day and Mr. Axel C. Filges, President
of the German Federal Bar (Bundesrechtsanwaltskammer; "BRAK"),
and other BRAK officers delivered lectures from the perspective
of criminal defense counsel.
They first stated that the participation of lay judges in criminal
trials was essential to institutionalize the principles of democracy,
and then outlined the lay judge system and its related controversial
points, including:
- how lay judges are selected, including nomination by local
political parties;
- composition of a panel and the term of lay judges (five years);
- principles of direct examination of witnesses and evidence
and oral testimony at trial and thus lay judges should not have
a right to examine documents; and
- no conviction may be rendered against opinions of lay judges.
A participant mentioned that a lay judge in another country
with whom she spoke told that he did not say anything in the
trial because of his lack of understanding, and asked whether
there were any measures taken to make up for the lack of knowledge
of lay judges. In response, BRAK gave an impressive explanation
that "providing legal information to lay judges to fill
the knowledge gap between lay judges and professional ones is
out of the original purposes of the system. Lay judges are actually
passive in trial. Their attendance at trial, however, works
as a control mechanism and professional judges rule cases with
determining whether their judgments could be acceptable for
lay judges."
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