“Plea bargaining and complete transparency of interrogations are like two wheels of a cart ― they are inseparable,” said former prosecutor Yoji Ochiai. “The whole point of introducing transparency loses significance on such a small scale,” he said, referring to the small number of cases transparency will apply.
“The problem with this case was the common investigative measures used by the prosecutors of the special investigation unit ― they had a preconceived scenario and used strong-arm methods to collect evidence that would back it up,” said lawyer Ochiai. “There was no turning back for them once they arrest someone of such a high social status as Ms. Muraki.”
The advisory panel’s goal was to “review investigations and trials that rely heavily on interrogations and depositions and introduce the recording and taping of interrogations to create a new criminal justice system that is fully up to date.”
As a former prosecutor, Ochiai expressed understanding of the investigators’ concerns and said that was why a new “weapon,” or investigative tool, was needed in exchange for full transparency of interrogations for them to be able to do their job.
“We must look at the criminal justice system as a whole and not focus on certain parts of it. It needs to be a system that protects human rights but at the same time the truth must be uncovered as well. Without that balance, it won’t function properly,” Ochiai said.
可視化、取調官判断で除外 法務省試案 全過程義務付け