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Overview of the Saiban-in (Lay Judge) System

Lay judges have the following duties.

(1) Attend trial (public)

Those selected as lay judges will attend a criminal trial with professional judges.
Trials will be held on consecutive days to the extent possible.
The trial examines the items and documents submitted as evidence, and questions are asked to the witnesses and the accused.
Lay judges can also ask questions.

(2) Decision/verdict (private)

Based on the evidence, lay judges will deliberate the evidence with the professional judges and decide whether the accused is guilty or innocent, and if guilty, what punishment should be taken.
If there is no unanimous conclusion after all arguments have concluded, the verdict is by majority vote. However, for a finding of guilt, it is necessary for the majority of the professional judges and lay judges to agree, including at least one professional judges (if this does not result in a finding of guilt, the decision is not guilty). In addition, when deciding what punishment to impose, until a majority opinion that includes at least one professional judge and at least one lay judge is reached, the number for the opinion most disadvantageous to the accused is added to the number for the next advantageous.
When determining the guilt or innocence of the defendant and imposing punishment, he opinion of a lay judge is treated the same as that of a professional judge.

(3) Judgment (public)

When the decision has been made, the presiding judge renders the judgment in the courtroom.
The duties of lay judges end with the rendering of the judgment.