Crime victims receive rights in court (Japan)

http://vaonlinefusion.blogspot.com/2008/11/crime-victims-receive-rights-in-court.html

Under a new law in Japan, crime victims and survivors will be made full participants in trials, with rights to pre-trial summaries of statements and evidence, the right to directly question the accused, and the right to make victim impact and post-sentencing statements.

The move will apply from December, in line with the launch of a system that will allow crime victims to directly question defendants in court and state their opinions on sentencing. The notice, representing a shift from previous policy, was made to promote the system of victim participation in trials. Bereaved families have praised the move, saying it protects the rights of victims and will help them to prepare effective questions in trials.

...Under the new victim participation system, if victims, bereaved families or the lawyers of victims in applicable cases make a request to the prosecutors in charge, they will be allowed to view the evidence that prosecutors are planning to seek before the start of the trial. No consent will be needed from the defendant, but when privacy issues are involved, there may be times when the information is withheld.

http://mdn.mainichi.jp/mdnnews/national/news/20081114p2a00m0na009000c.html?inb=rs

Crime victims given right to view investigation material ahead of trials
The Supreme Public Prosecutors Office has instructed district and high public prosecutors offices to disclose investigation information such as depositions and spot investigation records ahead of trials over serious crimes if victims or bereaved families want the information, it has been learned.

The move will apply from December, in line with the launch of a system that will allow crime victims to directly question defendants in court and state their opinions on sentencing. The notice, representing a shift from previous policy, was made to promote the system of victim participation in trials. Bereaved families have praised the move, saying it protects the rights of victims and will help them to prepare effective questions in trials. The notice was dated Sept. 5.

The Code of Criminal Procedure states that documents pertaining to court cases must not be brought out before trials unless there is "a need to do so for public benefit." As a result, victims of crimes have not been able to view or copy documents before the start of trials.

In November 2005, a system of pretrial summary procedures was introduced, in which judges, lawyers and public prosecutors narrow down in advance the point of dispute in cases and the evidence. However, the issue was raised that victims participating from the beginning of trials would have less time to familiarize themselves with evidence.

The notice sent out by the Supreme Public Prosecutors Office is believed to be the result of a positive interpretation of the "need do so for public benefit" under the Code of Criminal Procedure.

Under the new victim participation system, if victims, bereaved families or the lawyers of victims in applicable cases make a request to the prosecutors in charge, they will be allowed to view the evidence that prosecutors are planning to seek before the start of the trial. No consent will be needed from the defendant, but when privacy issues are involved, there may be times when the information is withheld.

Yuji Morimoto, 54, a member of the Osaka-based Traffic Accident Victims Net, had been encouraging the Ministry of Justice to release the information.

"It is easy for mistakes to occur in the investigation of traffic crimes, where a huge number of cases are investigated by a small number of people, but bereaved families don't find out about them until the start of the trial," he said. "This is a major first step in which a hole has been opened in the wall to shed light on the truth. I also want to seek the disclosure of evidence at the police-investigation stage."