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 White paper on crime 2005 Part2/Chapter3/Section1/2 

2 System for participation of saiban-ins in criminal trials

  The Law on Participation of Saiban-ins in Criminal Trials(Law No.63of2004)was promulgated on May28,2004.This law creates a new criminal procedure which enables citizens("saiban-ins")to participate in judgment along with qualified judges.This will help people to understand and trust the judicial system more.The effective date of this law is to be designated by a government ordinance by May2009.
  The saiban-ins trial is dealt with by a panel of three qualified judges and six saiban-ins.The panel judges and sentences by a majority,including at least one judge and one saiban-in.
  Saiban-ins candidates are randomly selected on a case-by-case basis from a list of candidates,which is renewed annually by selecting at random from the list of voters of elections for the House of Representatives.Those candidates are examined by judges.A person may not be selected as a saiban-in,if he/she(1)has any of the reasons for disqualification or apprehension of unfair judgment,(2)is objected to by any of the trial parties,or(3)has certain reasons to refuse.The participation of saiban-ins in criminal trials is limited to(1)cases punishable by death or life imprisonment with or without labor or(2)cases of mandatory"full court"(with three judges)under the Court Organization Law(Law No.59of1947)and in which a victim is killed by an intentional criminal action.