In addition, defendants have the right to counsel, public trial, and cross-examination. Trial by jury was authorized by the 1923 Jury Law but was suspended in 1943. A new lay judge law was enacted in 2004 and came into effect in May 2009, but it only applies to certain serious crimes. The judge conducts the trial and is authorized to question witnesses, independently call for evidence, decide guilt, and pass sentence. The judge can also suspend any sentence or place a convicted party on probation. Should a judgment of not guilty be rendered, the accused is entitled to compensation by the state based on the number of days spent in detention. Criminal cases from summary courts, family courts, and district courts can be appealed to the high courts by both the prosecution and the defense. Criminal appeal to the Supreme Court is limited to constitutional questions and a conflict of precedent between the Supreme Court and high courts. The criminal code sets minimum and maximum sentences for offenses to allow for the varying circumstances of each crime and criminal. Penalties range from fines and short-term incarceration to compulsory labor and the death penalty. Heavier penalties are meted out to repeat offenders. Capital punishment is a legal penalty for aggravated murder in Japan, and is usually imposed for multiple murders. Executions are carried out by hanging. After a sentence is finalized, the only recourse for a convict to gain an acquittal is through a retrial. A retrial can be granted if the convicted person or their legal representative shows reasonable doubt about the finalized verdict, such as clear evidence that past testimony or expert opinions in the trial were false. On average, it takes 3 months to get a final judgment for a first trial. Trial by lay judge The first trial by citizen judge, , began August 3, 2009, under a new law passed in 2004. Six citizens became lay judges and joined three professional judges to determine the verdict and sentence the defendant. Japan belongs to an inquisitory system of the criminal process. Therefore, a judge oversees the proceedings and also determines the guilt and the sentence of the accused. The citizen lay judges, as well as professional judges, are allowed to put forth questions to defendants, witnesses, and victims during the trial. The new system aims to invite the participation of the wider community and also provide a