The Amended Code of Criminal Procedure, etc. partially amended the Act on the Committees for the Inquest of Prosecution (Act No. 147 of 1948), which aims to strengthen the functions of Committees for the Inquest of Prosecution, including the introduction of a system to institute public prosecution based on the decision of the Committees for the Inquest of Prosecution.
  The authority of prosecution is granted only to public prosecutors, in principle, and the decision of the Committees for the Inquest of Prosecution on a case which public prosecutors decided not to prosecute has no legal binding force. Public prosecutors refer to the decision of the Committees for the Inquest of Prosecution but are to make the final decision as to whether or not to prosecute the case on their own (see Part 5, Chapter 2, Section1, 1(1)). The Amended Code of Criminal Procedure, etc. introduced a system whereby public prosecution can be instituted based on a decision of the Committees for the Inquest of Prosecution so as to reflect public opinion in exercising the authority of prosecution, prevent public prosecutors, who are granted the authority of prosecution, from inclining to self-righteousness, and secure more appropriate exercise of the authority of prosecution. Under the new system, once public prosecutors decide not to prosecute a case and the Committees for the Inquest of Prosecution decided the case as suitable for prosecution but the public prosecutors decided not to prosecute the case again or did not institute public prosecution within a certain period of time, the Committees for the Inquest of Prosecution must carry out examination of the case again. If the Committees for the Inquest of Prosecution come to a conclusion “that the case shall be prosecuted” (hereinafter referred to as “prosecution decision”) as a result of re-examination, the court shall designate lawyers who conduct duties of public prosecutors (hereinafter referred to as “designated lawyers”) and the designated lawyers shall institute public prosecution for the case pertaining to the prosecution decision and maintain it. The system is to be put into force on a date specified by a Cabinet Order within five years from the date of promulgation (by May 27, 2009).