What is it about?
This paper analyses the Japanese cooperation agreement system and compare it with the U.S. plea bargaining system, whenever possible. The main purpose of this paper is to reveal that the Japanese cooperation agreement system cannot be regarded as a mere derivation from the U.S. plea bargaining. This also entails a nomenclature issue about how to name the new system. This paper will focus on the Japanese cooperation agreement system. This paper gives a brief background and outline of the Japanese version of criminal immunity only to the extent that it helps readers to appreciate the difference with the Japanese cooperation agreement system.
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Why is it important?
On 1 June 2018, the Japanese cooperation agreement system was introduced, and its effectiveness has been examined through cases including the Carlos Ghosn Case. Although it was devised by emulating the U.S. plea bargaining system, there are major differences. It has the potential to thoroughly change the Japanese criminal system. However, the portrayal of the new system in academic discourse is quite inaccurate. This article analyses the Japanese cooperation agreement system in comparison with the U.S. plea bargaining system in order to give an accurate understanding and identify points that need attention. The article also gives a background to the Japanese version of criminal immunity to help provide a context to the new system.
Perspectives
Japanese cooperation agreement system – plea – plea bargaining – arraignment – immunity system – Carlos Ghosn
Mr. Haruhi Abe
Nishimura Asahi Horitsu Jimusho
Read the Original
This page is a summary of: The Japanese Cooperation Agreement System in Practice: Derived from the U.S. Plea Bargaining System but Different, Global Journal of Comparative Law, January 2023, Brill,
DOI: 10.1163/2211906x-12010001.
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