A new system has started in which crime victims or bereaved family members of crime victims can take part in criminal proceedings. They sit with public prosecutors and can question defendants and express their opinions about sentencing. The system represents a great change to Japan's judicial system, along with the lay judge system to be introduced in May.
Under the revised Code of Criminal Procedure, the new system will be used in trials dealing with crimes in which a criminal killed a person deliberately or caused an injury leading to death, as well as with rape, sexual assaults, negligence leading to injury or death, illegal arrest and confinement, and kidnapping.
Judges will decide whether crime victims or bereaved families of crime victims can attend the proceedings based on requests filed via public prosecutors. The system is applicable to cases in which an indictment was issued on or after Dec. 1, 2008. After the public prosecutors' summation and recommendation regarding sentencing, crime victims or bereaved family members of crime victims can question the defendant to prepare their own opinions on the degree of punishment. There may be cases in which they demand a harsher sentence than that called for by public prosecutors.