Page 231 - Law of Peace, Volume ,

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common law have been added. The Code of Criminal followed by lower courts until the former changes its own previous view.
Procedure incorporates such Anglo-American features as Thus, the courts develop "case law" in many fields of criminal law,
although law-making authority by courts has never been explicitly
the
'recognized in Japanese jurisprudence and judicial opinions are always
requirement of ajudicial warrant for every kind of compulsory measure,
based on the words of statutes and not on precedents. 12s
the proceeding for the indication of reasons for detention, restrictions
on the use of evidence, . . . the increased use of the adversary party con- c. Rights of the Accused. In addition to the common
cept in the structure of public trial [, . . . the] abolition of the preliminary law features in the Penal Code and the Code of Criminal
proceeding, the basic revision of the system of appeals, the prohibition Procedure, the Japanese Constitution of 1946 contains a
against reopening the proceedings to the detriment of the accused, the number of "American-type" rights which are considered
restrictions placed on the system of summary proceedings, and the
abolition of private actions collateral to public prosecutions. Details of basic to defendants, e.g.:
procedure are provided by rule of court. 124 due process, arrest, search and seizure, fair and speedy trial, confronta-
tion of witnesses, right to counsel, coerced confession, and double
The Japanese Penal Code retains its basic framework even
jeopardy. 126
though originally enacted in 1907. It has stood the test of
d. Conclusion. Japan has blended the precepts of
time because it has provided the courts with flexibility by
oriental law, civil law, and the common law and has at-
defining offenses broadly. Further, Japanese courts
tained a rather unique criminal legal system.
are vested with a broad discretion in applying Code norms to individual
cases, and judicial interpretations by the highest court . . . are usually
125. Suzuki, The Politics ofCriminal Law Reform: Japan, 21 Am J.
124. S. Dano, Japanese Criminal Procedure 17, 18 (George ed. Comp. L. 287, 294 (1973).
1965). 126. Id. at 287, citing Japanese Constitution Arts. 31, 33-35, 37-39.