Waseda University Institute of Comparative Law

     The protection and support for crime victims, etc. (including their bereaved families in the event of their deaths, and all of them will simply be referred to as the “victims”) is provided in Japan under the two legislations enacted in 2000 on the protection of crime victims. The legislations introduced measures to appoint attendants for victims testifying in court, and to put up screens to shield the victims from the defendants and courtroom audience, to enable victims to give testimony in a separate room by having the persons concerned in the case conduct examinations through a TV camera in the courtroom (video-link method), and to introduce the system of granting opportunities to victims to state their opinions centering on their sentiments.
     However, many victims have criticized the above measures as being insufficient, and have called for their improvement.

     In response to those criticisms and calls for improvement, the Basic Act on Crime Victims was enacted in 2004. This Act requires the national and local governments to take measures to improve the system to help crime victims claim damages and to expand opportunities for crime victims to participate in criminal procedures. Based on this Act, the government adopted the Basic Plan for Crime Victims, etc. in 2005, and introduced legislations to provide new protection and support for crime victims, centering on the establishment of the “system of requesting an order for damages” and “the system of participation in criminal procedures, etc.”
     (i) Under the system of requesting an order for damages, the victims of certain crimes, namely offenses committed intentionally causing death or injury of another (e.g., murder), forcible indecency, rape, etc. may petition the court where the relevant criminal case is pending to grant an order for damages against the defendant. After convicting the defendant, the court hears the victim’s petition, and will in principle conclude the hearing and render its decision within four trial dates. This system is aimed at providing relief to victims through simple and swift procedures, and is expected to be utilized by many due to the low fees involved. (ii) The system of participation by victims in criminal procedures, etc. enables the victims of almost identical crimes as in the case of (i) to attend the trial with the permission of the court, examine witnesses, question the defendant, and state his/her opinions as to the facts and/or the application of the law.
     However, since the introduction of this system almost coincides with the commencement of the lay judge system, concerns are being raised that criminal trials may become a forum for revenge by victims against the defendants.