The House of Councilors passed a controversial bill Wednesday that allows people victimized by crime to confront defendants in trials, despite strong concerns that it could undermine the criminal justice system and turn courtrooms into venues of vengeance.</PARAGRAPH>
<PARAGRAPH>The bill to revise the Criminal Procedure Law was passed with support from both the ruling coalition, led by the Liberal Democratic Party, and the opposition-leading Democratic Party of Japan. The law is expected to take effect by autumn 2008.</PARAGRAPH>
<PARAGRAPH>The new law will allow the victimized to sit with prosecutors in the courtroom bar and, if permitted by the judge, state opinions, question defendants and witnesses, and recommend sentences.</PARAGRAPH>
<PARAGRAPH>The types of trials victims will be allowed to take part in will involve heinous crimes, including murder and rape, as well as fatal cases of professional negligence, including traffic accidents. If the victim is dead or incapacitated, family members deemed victimized parties will be allowed to participate.</PARAGRAPH>
<PARAGRAPH>Tokiwa University Chairman Hidemichi Morosawa, a victimologist and criminologist, said the new system is inevitable, 'considering the history and the real nature of the criminal justice system.'</PARAGRAPH>
<PARAGRAPH>'The history of humanity is that if –
hits (you), (you) hit back," Morosawa said, reckoning such acts of revenge were permitted until "the enactment of modern law, when the government took away the right to retribution — or rather, the government was to carry out (retribution) on behalf" of the victims.
People in Japan victimized by crime have been kept from the trial process. It wasn't until 2000, when the crime-victims protection law was enacted, that they got a chance to express their feelings in court and access trial records.
Another major step was taken in 2004 when a fundamental law to protect victims' rights was enacted, promoting financial compensation and medical and welfare support for crime victims.
Japan is finally addressing the rights of crime victims, Morosawa said, figuring the country is 20 to 30 years behind the West.
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