Saiban-in Seido
Saiban-in Seido ( Japanese 裁判員 制度 ) describes the lay judge system of Japanese law .
Forerunner of Baishin-sei
A jury system ( 陪審 制 , Baishin-sei ) was first introduced under the leadership of Prime Minister Hara Takashi with the Baishin-hō law ( 陪審 法 ) of April 18, 1923. This system was not used very often at the time, partly because the accused could waive the right to a jury ( 陪審員 , baishin-in ). The system has not been used since 1943, initially because of the Second World War , and later probably because it does not go particularly well with traditional Japanese legal concepts.
New law
| Basic data | |
|---|---|
| Title: |
裁判員 の 参加 す る 刑事 裁判 に 関 す る 法律 Saiban-in no sanka suru keiji saiban ni kan suru hōritsu English Act on Criminal Trials Examined under Lay Judge System |
| Short title: |
裁判員 法 Saiban-in-hō |
| Type: | hōritsu |
| Number: |
平 成 16 年 5 月 28 日 法律 第 63 号 Law No. 63 of May 28th Heisei 16 (2004) |
| Last change by: | Law No. 44 of June 3, Heisei 21 (2009) |
| Legal text on the Internet: | law.e-gov.go.jp |
| Please note the note on the applicable legal version . Only the Japanese legal texts have legal effect, not translations into English or other languages. | |
On May 28, 2004, the Japanese Parliament passed the Saiban-in-hō ( 裁判員 法 ), which allows citizens to take part in criminal trials for certain serious crimes and to make decisions about guilt and punishment together with professional judges . The lay judges ( 裁判員 , Saiban-in ) are selected at random from the electoral register.
In most cases the court consists of six saiban-in and three professional judges. In cases (which are relatively common in Japan) where there is no major disagreement over the question of guilt, the court consists of four saiban-in and one professional judge. Contrary to the old law, the accused cannot waive a trial by saiban-in.
The Saiban-in Seido has been used since May 21, 2009. After a month, 134 people were charged under the new system awaiting trial. The first processes should start in August 2009.
Opponents of the new law fear, among other things, that lay judges might feel compelled to impose more frequent death sentences under pressure from public opinion .
Web links
- Saiban-in system launched (letter from Japan Ministry of Justice )
- Description at the Japanese embassy
Individual evidence
- ↑ 134 so far to stand trial by lay judges. In: The Japan Times . June 22, 2009, accessed June 22, 2009 .