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Pre-trial arrangement procedure was introduced by the amended Code of Criminal Procedure, etc. (enforced on November 1, 2005) in order to realize prompt trials by establishing clear trial plans prior to the first trial date after indictment. In the proceedings, public prosecutors and defense counsels clarify the point of view that they plan to present at the public trial under the presidency of the court and define the main issues of the case such as by requesting the investigation of evidence they are going to use to prove the facts. The court promotes the trial by determining evidence to be investigated at the public trial, specifying the orders and ways of the investigation, and designating the date of the public trial.
The court may bring a case to the pre-trial arrangement procedure when finding it necessary for carrying out fruitful trials in a continuous, planned, and prompt manner. Also, the Saiban-in Act stipulates that cases covered by Saiban-in trials (meaning criminal trials participated in by Saiban-ins; hereinafter the same) shall be all brought to Pre-trial Arrangement Procedure. Furthermore, arrangement procedure between trial dates, in which the main issues of the case and evidence can be arranged in the same procedure as Pre-Trial Arrangement Procedure after the first trial date when the court considers it necessary in light of the progress of a trial, has also been established and enforced. Table 6-1-1 shows the number of cases brought to Pre-trial Arrangement Procedure and Arrangement Procedure between Trials Dates in 2006. Table 6-1-1 Number of persons whose cases were brought to pre-trial arrangement procedure and arrangement procedure between trials dates (2006) |