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HOME > Public Statements and Opinion Papers > Opinion Papers > Opinion Requesting a Review of the Current System for Allowing Participation of Victims of Crimes in Criminal Trials

Opinion Requesting a Review of the Current System for Allowing Participation of Victims of Crimes in Criminal Trials

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November 15, 2012
Japan Federation of Bar Associations

 

The Japan Federation of Bar Associations (“JFBA”) has prepared its “Opinion Requesting a Review of the Current System for Allowing Participation of Victims of Crimes in Criminal Trials” dated November 15, 2012, and submitted it to the Minister of Justice on November 20, 2012.

 

Summary

  1. Restrictions on the system for allowing victims of crimes to give statements expressing their opinions
    The JFBA requests that for cases in which victims of crimes have been involved, such victims should not be able to use the system for allowing victims of crimes to give statements expressing their opinions, which is prescribed in Article 292-2 of the Code of Criminal Procedure.
  2.  
  3. Introduction of a system separating the procedures for judging the existence or non-existence of alleged facts and for sentencing as well as placing restrictions on participation of victims of crimes in such procedures
    The JFBA requests that, regarding cases in which there is a dispute over the alleged facts, a new legal system (the “new system”) should be established to separate the procedures at the court as follows: i) the procedures for judging the existence or non-existence of alleged facts, and ii) the procedures for sentencing. In the procedures of cases to which the new system is to be applied, participation of victims of crimes should only be permitted in the procedures for sentencing.