(5) Formal trial Where victims are deemed to be unable to give sufficient statements as witnesses in the presence of defendants due to mental pressure or in the presence of particular spectators, the court or the judges may order such defendants and particular spectators to leave the court. The court may make the proceedings of a trial closed to the public where unanimous decision is made among the judges that public order or good morals might otherwise be undermined. The examination of a witness may also be conducted out of court or on a day other than the fixed date for public trial, if necessary. Under the aforementioned Law for Partial Amendment to the Code of Criminal Procedure and the Law for the Inquest of Prosecution, the court may allow a witness to be accompanied by a person whom the court considers appropriate when the witness gives statement in the case where the court considers that the witness might otherwise feel extremely insecure or strained. The Law also provides that the court may take measures so that the defendant and the witness may not see each other (shielding measures) in the case where the court considers that the witness might feel pressure or his/her peace of mind might be substantially disturbed when giving statement in the presence of the defendant. Furthermore, it is provided under the Law that, in questioning of a victim of rape or other such offenses as a witness, the witness may be seated in a place other than the place where witnesses are usually seated when questioned. The judges and persons concerned in the case may then examine the witness by audiovisual communication through the transmission of images and sound (video-link system). In addition, upon giving opportunities to know the name and address of a witness, etc. or to inspect evidential documents, in case that there is a likelihood of occurrence of action to harm the person or property of the witness, etc., or to frighten the witness, etc., public prosecutors or attorneys at law may ask the opposing party to ensure that the name and the address of a witness, etc. shall not be made known to the defendants or other persons concerned, and that the security of a witness, etc. shall not be threatened in any other way. Also, under the aforementioned Law for Partial Amendment to the Code of Criminal Procedure and the Law for the Inquest of Prosecution, the court shall give victims, etc. the opportunity to state their opinions on the date of trial if they offer to express their feelings about damage and opinions concerning criminal cases. The Law Concerning Measures Accompanying Criminal Proceedings to Protect Crime Victims, etc. also provides that Presiding Judge of a court with jurisdiction over a pending criminal case shall make arrangements to ensure that victims or their legal representatives can hear trial proceedings if they file an application for that effect.
|