Public prosecutors have sometimes penetrated the political arena, having exposed political corruption and conducted investigations into vicious incidents such as terrorism. The Public Prosecutors Office is required to exercise its powerful authority fairly. The important thing is that prosecutors retains a certain independence.
Thus, prosecutors are guaranteed their status generously and cannot be dismissed without rigorous procedures. The customary practice of personnel management concerning the prosecutor general, the top official at the Public Prosecutors Office, has also constituted an important element in securing its independence.
Although power to appoint the prosecutor general rests with the Cabinet, it has been customary that the Public Prosecutors Office would narrow down the candidates to one at an early stage, with the Cabinet respecting this wish. And it has also been customary for the prosecutor general to retire before reaching the retirement age of 65, stepping aside for the next prosecutor general.
Except for the prosecutor general who stepped down to take the blame for an evidence tampering incident at the Osaka District Public Prosecutors Office, the preceding 10 prosecutors general held office for about two years and retired about half a year before reaching the retirement age. Such practices can be considered as ways to exclude uncertain elements in the office's personnel management as much as possible.
The latest bill to revise the Public Prosecutors Office Law is to accompany the bill designed to raise the retirement age of the national public service personnel from the current 60 to 65. Neither the opposition parties nor legal professionals object to the raising of the retirement age of public prosecutors.
What they are worried about is an exceptional case to extend the retirement age that is in the bill. The Cabinet is authorized to extend the term of office of the prosecutor general or the superintending prosecutor three times, up to one year each time. Prime Minister Shinzo Abe said there will not be any personnel management decision made arbitrarily. Should it become a permanent legal system, however, the Cabinet's extending the retirement age of the prosecutor general would bring about such a situation whereby the candidate to be the next prosecutor general will not be able to assume the top post, thus likely to impair the autonomy of the Public Prosecutors Office's personnel management.
There is the possibility of losing the appropriate distance and balance between the administration and prosecutors. Won't a future administration be tempted to manipulate prosecutors through personnel management? There seems to be no end to the worries.
As this law revision came on the heels of the Cabinet approving to extend the retirement age for Hiromu Kurokawa, the superintending prosecutor of the Tokyo High Public Prosecutors Office, voices opposing the revision have also been raised from among former leading officials of the Public Prosecutors Office. The responsibility for bringing the matter under control rests with the government and the ruling parties. For prosecutors to be able to proceed with their duties fairly, while also gaining the people's trust in the days ahead, it is indispensable to amend the bill or make it clear that the revised law is to be applied in such a manner as not to impair the autonomous personnel management of the Public Prosecutors Office.
Raising the retirement age to 65 for personnel other than senior officials and not allowing the extension of the retirement age for the prosecutor general or the superintending prosecutor, except in exceptional cases, have been assumed. There also needs to be a check imposed on the extension of the retirement age, such as having the possible extension restricted to personnel on the recommendation of the Public Prosecutors Office to the Cabinet, rather than instigated by the Cabinet. It should also be necessary for the Cabinet to seek concrete reasons, such as the operations of the Public Prosecutors Office would be impeded without the extension of the retirement age.
Read more from The Japan News at https://japannews.yomiuri.co.jp/
