Japan’s New Plea Bargaining System: A Tough New Compliance Risk for Companies with Japan Operations?

著者等: 垰尚义（共著）

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出版社: 长岛・大野・常松律师事务所

书籍名或刊登 杂志: NO&T Japan Legal Update 第9号（2017年3月）

语言: 英文

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请注意，本简报的目的是提供信息，并非提供法律建议。另外，本简报仅包括根据发行日(制作日)时点的信息，不包括该时点之后的信息。特别是速报可能会与现状的解释或惯例不同，敬请留意。

I. Introduction
Various initiatives in recent years have set in train a number of reforms to the Japanese criminal justice system, including the phased-in introduction of the video recording of interviews with criminal suspects. The reform of most interest to businesses operating in Japan, however, is without doubt the introduction for the
first time in Japan of a plea bargaining system (the ‘New System’).

The New System, which was created pursuant to an amendment to Japan’s Criminal Procedure Code in May 2016, is due to come into effect by no later than June 2018. Together with the introduction in recent times of the ‘Principles for Listed
Companies Dealing with Corporate Malfeasance’and the strengthening of the whistleblowing regime through the new Japan Corporate Governance Code, the New System will likely have the effect of further incentivising both Japanese and
global companies in Japan to take meaningful steps to bolster corporate compliance in order to avoid the sometimes devastating consequences of serious corporate
malfeasance.

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