Opinion Calling for Legislation of a Law Concerning Records of Criminal Investigations
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May 8, 2014
Japan Federation of Bar Associations
The Japan Federation of Bar Associations (“JFBA”) prepared its “Opinion Calling for Legislation of a Law Concerning Records of Criminal Investigations” at the meeting of the JFBA Board of Governors conducted on May 8, 2014, and submitted such Opinion to the Minister of Justice, the Chief Justice of the Supreme Court, the Public Prosecutor-General, the Commissioner General of the National Police Agency, the Chairman of the National Public Safety Commission, the Speaker of the House of Representatives and the Speaker of the House of Councilors on June 4, 2014.
Summary
In order to make it obligatory for public prosecutors (including public prosecutors’ assistant officers) and judicial police officials to make and keep records of criminal investigations, it is imperative that a law concerning records of criminal investigations be established based on the following fundamental principles:
1. Public prosecutors, public prosecutors' assistant officers and judicial police officials must always, without fail, make and keep “records of investigations” (the origin of the investigation, the basic investigation policy and matters relating to the materials collected, etc.) of the entire process of criminal investigations.
2. Public prosecutors and judicial police officials must make and keep a list of all the records made concerning investigations.
3. Judicial police officials must send the list of all the records made concerning investigations, stated in Item 2 above, when sending suspects to the public prosecutors’ office.
