Toward the introduction of IT for criminal procedures such as investigations and trials, Minister of Justice Furukawa will create and manage related documents such as arrest warrants as electronic data, and will be required to bring the procedures for billing and issuance online. We consulted the Legislative Council on the revision.
Since criminal procedures such as investigations and trials are premised on written exchanges, many of them need to be handed over face-to-face in addition to signatures and seals, which improves speed and efficiency, and reduces the burden on the person in charge. It is an issue.
At the General Assembly of the Legislative Council held on the 27th, Minister of Justice Furukawa consulted on the necessary revision of the law toward the introduction of IT in the criminal procedure.
In response to this, the Legislative Council creates and manages related documents such as arrest warrants as electronic data and makes procedures such as requests and issuance online, and gathers prosecutors, defense counsel, and defendants in court. It is expected that it will be considered to carry out the trial procedure online under certain conditions.
In addition, discussions to clarify the target of confiscation so that criminal organizations can confiscate real estate such as land and buildings and property other than receivables such as deposits over criminal proceeds such as crypto assets illegally acquired. Is also expected to be done.
The discussion for IT
More than 70 years have passed since the enactment of the Code of Criminal Procedure.
In the meantime, the development and utilization of information and communication technology has progressed, and especially in recent years, due to the spread of the new corona infection, face-to-face communication has been refrained from, while online spread is rapidly increasing.
Under these circumstances, criminal procedures such as investigations and trials are premised on written exchanges, so there are many face-to-face procedures such as signatures and seals, and it is an issue to reduce the burden on the person in charge and speed up and streamline the procedures. Was pointed out as.
In response to this, the Ministry of Justice set up a new study group by criminal law researchers and prosecutors, and held discussions on the introduction of IT in criminal procedures for about a year, and compiled a report in March. I did.
In the report, arrest warrants and indictments, as well as related documents such as investigation reports and affidavits are created and managed as electronic data, procedures such as claims and issuance are sent and received online, and witness cross-examination is conducted with the court. As a requirement that can be implemented by the "video link method" that responds from another place, it is possible to add a case where the parties have no objection and the court deems it appropriate.
In addition, while it is conceivable to store evidence documents as electronic data so that lawyers can view them online, if information is leaked, it may be spread endlessly on the Internet, and to ensure security. It is pointed out that the examination is an issue.
This consultation is based on this report.
By realizing a series of criminal procedures with IT, the burden on people involved in this will be reduced, the procedures will be expedited, and the judicial function will be maintained appropriately even if social conditions such as the spread of infectious diseases change. Is expected.