Die Hauptverhandlung im japanischen Laienrichterverfahren

Abstract

The article concerns public hearings in Japanese criminal proceedings. Basis of the discussion is a criminal case of the District Court Tōkyō of March 2017. As Saiban-in participated in this proceeding as lay judges, focus is laid on the characteristics of this kind of trial.

An overview over the legal framework concerning the procedure followed in public hearings in Japanese criminal proceedings is given first. This concerns the different phases of the proceeding. Secondly, the changes brought about by the coming into effect of the Saiban-in-system in 2009, as well as its characteristics are explored. An exposition of the sphere of application of this system is followed by a discussion of various aspects, namely the preparation of the main trial, the aim to make the proceedings easily understandable, as well as the legal regulation of the Saiban-ins’ protection. For illustration purposes, reference is made during the discussion to the application of the rules in the trial that took place in March 2017.

(The Editors)