Scrap statute of limitations for murder: Justice Ministry+

TOKYO, July 17 Kyodo -
The Justice Ministry proposed in its report Friday that the statute of
limitations on serious crimes such as murder be abolished in line with what it
calls the current demand by the public that such perpetrators should not be
allowed to evade punishment.

Justice Minister Eisuke Mori said that while further consideration is needed,
he hopes to present the proposal ''as early as possible'' to the ministry's
legislative council, an expert panel that plays a key role in drawing up
judicial legislation. If realized, it would bring a major change to Japan's
legal system.
In the report, the ministry also said that it ''may be constitutionally
allowed'' even if the proposal is applied to crimes that have already taken
place but have yet to see the statute of limitations expire.
While many details are left open, the report was released to wrap up a
six-month in-house study on the issue, which was highlighted amid moves by
relatives of the victims of unresolved murders to join hands and step up their
calls for the statute of limitations on serious crimes to be scrapped.
Such calls and other factors ''reflect the public notion of justice that
perpetrators who claimed a life...should face special and harsh treatment which
is different in quality from that for other criminals,'' the report said.
''In considering the issue, we primarily thought about the need to fully give
due consideration to the change in public awareness,'' Mori told a press
conference, adding that the decision was made in a comprehensive manner by
studying the system in other countries and examining current police
investigative methods.
The proposal comes after the limitations period for capital crimes such as
murder was extended to 25 years from 15 years in 2005 under the revised Code of
Criminal Procedure.
Britain and many U.S. states have no statute of limitations for murder,
according to the ministry.
The report was welcomed by Kenji Kobayashi, 63, a key member of a group of
relatives of victims of unresolved murders. ''I think our arguments have been
fully taken up. We strongly hope for a swift legal amendment,'' he said.
But some experts warned that making investigators work on a cold case for an
extended period would impose a massive financial burden on the government. The
Japan Federation of Bar Associations has also strongly protested against the
abolishment and further extension of limitations periods on the grounds they
will make it impossible to mount a sufficient defense.
In April, the ministry presented in its interim report four possible options
that may be considered in reviewing the statute of limitations -- abolishment,
extension of the limitations period, introduction of a system to enable
prosecutors to bring charges based on DNA evidence even if a suspect has gone
undetected, and another system to enable prosecutors to ask courts to suspend
the statute of limitations when ''certain solid evidence'' exists.
In the latest report, the ministry rejected the third and fourth options as
''inappropriate,'' saying they cannot ''fully respond'' to the current public
demand for pursuing serious offenders.
Meanwhile, the report said it is ''proper'' to abolish the statute of
limitations for serious crimes, such as murder, and extend the limitations
period for crimes that also claim lives but receive less heavy punishments,
such as bodily injury resulting in death.
It also noted that it is still necessary to further consider the crimes for
which the limitations period should be abolished or extended, how long it
should be extended, how investigators should be involved and how evidence
should be stored.
Regarding the adoption of the provision to abolish the statute of limitations
on cases that have already taken place, the report said it is theoretically
possible, although currently the extended limitations period under the revised
Code of Criminal Procedure has been applied to cases that have occurred after
the revision.
At issue is the Constitution's Article 39, which stipulates that ''no person
shall be held criminally liable for an act which was lawful at the time it was
committed, or of which he has been acquitted.''
Criminals should not be guaranteed constitutional protection if they dare to
commit a crime knowing they could enjoy immunity from prosecution after a
certain period of time has elapsed, the ministry said, adding it welcomes
''cautious'' discussions as there is expected to be opposition to the
ministry's interpretation.
Statute of limitations periods, an idea which Japan adopted from France and
which became effective in 1882, are commonly believed to have been introduced
because evidence can be scattered or lost over time, making it difficult to
prove who committed a crime. Another reason is that demands for harsh penalties
can wane with the passage of time.
But proving crimes in court, even after many years, has become less challenging
recently due to advances in criminal investigations technology, such as DNA
analysis, which have made it possible to preserve evidence over a long period
of time.
In late February, Kobayashi formed the group with 81-year-old Yoshiyuki
Miyazawa to press the state to abolish the statute of limitations on homicide
cases, stressing that they cannot accept the notion that perpetrators are able
to evade punishment once a certain amount of time passes.
Apparently taking into consideration such opinions, the ministry brushed aside
the argument that demands for harsh punishment can wane from bereaved families
as well as from the society.
The final report was issued after seeking opinions from the public as well as
from experts and groups of crime victims.
Miyazawa is a relative of a family of four that was killed in Tokyo's Setagaya
Ward in 2000, a high-profile murder case that remains unresolved.
==Kyodo