Photo/Illutration The Osaka Detention House in Osaka's Miyakojima Ward in 2018 (Asahi Shimbun file photo)

OSAKA--The Osaka Bar Association is financially rewarding lawyers for fighting Japan’s infamous “hostage justice” practice, in which bail is typically granted only to suspects who admit to the allegations.

Under the unusual system set up in April, the association is paying up to 40,000 yen ($365) to attorneys who file a quasi-appeal against a court’s detention order.

“If more quasi-appeals are submitted, the courts may more frequently reject prosecutors’ requests (to keep suspects in custody),” said lawyer Nobukata Shimizu, head of the Osaka Bar Association’s Criminal Defense Committee. “We want to raise lawyers’ awareness so that suspects will not be detained unnecessarily.”

The Code of Criminal Procedure stipulates that law enforcement authorities, in principle, should investigate cases without keeping suspects in custody.

But prosecutors can request the continued detention of suspects, citing the risks of them fleeing, destroying evidence and other reasons.

According to Supreme Court data, district and summary courts nationwide in 2019 rejected only 6.24 percent of such requests.

The system has been called “hostage justice” because suspects who deny the allegations tend to be incarcerated for longer periods.

Some defense attorneys do not file quasi-appeals, believing they would prove futile.

For that reason, the Osaka Bar Association decided to offer 10,000 yen to its member lawyers if they protest a court’s detention order. If the order is overturned, a “contingent fee” of 30,000 yen will also be paid to the lawyer.

In its annual budget, the Osaka Bar Association included 15 million yen for the reward system, which covers all criminal cases.

The Aichi Bar Association introduced a similar reward system for three months in 2019. The system was limited to cases that were not tried under the citizen judge system and paid a maximum of 30,000 yen for each case.

Related News