Gyoza no Ohsho president’s murder trial mulling not letting average citizens become judges

Yes, that’s a thing they do in Japan.

Back in 2013, Takayuki Daito, the president of the major Chinese restaurant chain Gyoza no Ohsho, was mysteriously gunned down in front of their corporate headquarters in Kyoto. It was so mysterious that it wasn’t until 2022 that police arrested the suspect, Yukio Tanaka of the Kudokai yakuza group out of Fukuoka.

And now, Tanaka is set to finally stand trial in court, but according to a report by public broadcaster NHK, this trial may not involve members of the general public acting as judges. In general, major trials in Japan involve what are called “saibanin” (lay judges) who are average citizens selected to work alongside professional judges.

This may sound strange to people in some countries, but it works in a rather similar way to the jury system often seen in Hollywood movies and TV. Japan doesn’t have a jury system like that but instead recruits six citizens from their voting register to act as lay judges for a single trial at the same bench as three professional judges.

▼ In this official video by the Ministry of Justice, an adorable squirrel breaks down the courtroom layout in which the three professional judges sit in the center of the bench and have three lay judges seated on each side.

Much like with a jury, once the facts of the case and testimonies have been presented, both the professional and lay judges will all confer and vote on the ruling as well as the sentencing if needed. A majority vote gets the decision as long as at least one professional judge is in the majority. This means that even if six lay judges vote guilty and the three professional judges vote not guilty, the resulting verdict will be not guilty.

A big difference from a Western jury is that lay judges are more involved in examining the case. Rather than simply hearing the arguments from the prosecution and defense and managing the protocol of the court, they are allowed to actively analyze evidence and ask their own questions to the lawyers or witnesses.

The purpose of using lay judges is to raise awareness of how the courts operate among citizens and help democratize the outcome of trials. This system is also said to result in more lenient sentences, particularly a decrease in death penalties being handed down, because average people tend to be more sympathetic than career judges who deal with cases day in, day out.

However, as also often seen in Hollywood productions, cases involving organized crime members can be dangerous for judges. That’s why past trials of Kudokai members have not involved lay judges and the prosecution has reportedly made a request with the Kyoto District Court to not use any in this trial either.

The exact motive for Daito’s death is not clear and he was found to have no direct ties to organized crime. However, there are allegations that the previous owners of the company were involved in shady dealings which Daito was working to pull the company out of. According to NHK, Kudokai members also have a history of violence against those who refuse to do business with them, including shooting a construction firm owner who spoke out against giving organized crime groups reduced rates and stabbing a restaurant owner who posted a sign refusing service to organized crime members.

So, while being chosen to work as a judge does sound kind of cool, at least compared to being a boring old jury member, I certainly wouldn’t want to be responsible for the fate of someone who belongs to a group with a well-documented track record of holding violent grudges. That’s probably better left to the professionals.

Source: NHK (1, 2)
Featured image: Pakutaso
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