INI

Types of Judicial Systems - INI

Judicial systems are classified into three-tier system (hierarchical structure), jury system (independent fact-finding by citizens), and lay judge system (collaborative trial between citizens and professional judges). Japan adopts a three-tier system and introduced the saiban-in (lay judge) system in 2009, which is an intermediate system between jury and lay judge systems. These systems are designed to balance democratization of justice with professional expertise.

judicial system saiban-in system three-tier system jury system lay judge system criminal trial citizen participation

[item.three-tier-system]
code=three-tier
slug=three-tier-system
name=Three-Tier Judicial System
description=A judicial system with three levels of courts: first instance, second instance, and final appeal.
courts_firstInstance=Summary Courts, Family Courts, District Courts
courts_secondInstance=High Courts
courts_thirdInstance=Supreme Court
keyFeatures=
representativeCountries=
applicableCases=
introducedYear=
panelComposition_layJudges=
panelComposition_professionalJudges=

[item.jury-system]
code=jury
slug=jury-system
name=Jury System
description=A system where citizens (jurors) are responsible only for fact-finding and deliberate independently, separate from professional judges.
courts_firstInstance=
courts_secondInstance=
courts_thirdInstance=
keyFeatures=Jurors independently determine facts, separation from professional judges (dual system), one case-one selection
representativeCountries=["United States","United Kingdom"]
applicableCases=
introducedYear=
panelComposition_layJudges=
panelComposition_professionalJudges=

[item.lay-judge-system]
code=lay-judge
slug=lay-judge-system
name=Lay Judge System
description=A system where citizens (lay judges) and professional judges conduct trials together, jointly deciding from fact-finding to sentencing.
courts_firstInstance=
courts_secondInstance=
courts_thirdInstance=
keyFeatures=Collaborative trial between judges and lay judges, joint participation in fact-finding and sentencing, fixed-term appointments
representativeCountries=["Germany","France","Italy"]
applicableCases=
introducedYear=
panelComposition_layJudges=
panelComposition_professionalJudges=

[item.saiban-in-system]
code=saiban-in
slug=saiban-in-system
name=Saiban-in (Lay Judge) System
description=A citizen participation system introduced in Japan in 2009, intermediate between jury and lay judge systems.
courts_firstInstance=
courts_secondInstance=
courts_thirdInstance=
keyFeatures=One case-one selection (jury-like), collaborative trial (lay judge-like), joint participation in fact-finding and sentencing
representativeCountries=
applicableCases=Crimes punishable by death or life imprisonment, crimes causing death through intentional criminal acts
introducedYear=2009
panelComposition_layJudges=6
panelComposition_professionalJudges=3