The Japanese Cooperation Agreement System in Practice: Derived from the U.S. Plea Bargaining System but Different

Abstract

Abstract 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.