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Code of Criminal Procedure (Part I and Part II

(Tentative translation))

(Act No. 131 of July 10, 1948)

Part I General Provisions

Article 1 The purpose of this Code is to clarify the factual background of

criminal cases and to adopt and implement criminal laws and regulations

quickly and appropriately, while maintaining public welfare and guaranteeing

the fundamental human rights of individuals.

Chapter I Jurisdiction of Courts

Article 2 (1) The territorial jurisdiction of courts is determined by the place

where the crime was committed, the place where the domicile or the residence

of the accused is located, or the place where the accused is at present.

(2) With respect to crimes committed on board a Japanese vessel while outside

Japanese territory, the territorial jurisdiction will be determined, in addition

to the places prescribed in the preceding paragraph, by the place of the port of

registry of such vessel or the place of the port of call after said crime was

committed.

(3) With respect to crimes committed in a Japanese aircraft while outside

Japanese territory, the territorial jurisdiction will be determined, in addition

to the places prescribed in paragraph (1), by the place where such aircraft

lands (including landing on water) after the crime was committed.

Article 3 (1) If two or more related cases fall under the subject-matter

jurisdiction of different courts, a higher court may jointly exercise jurisdiction

over all of said cases.

(2) If a case falls under special jurisdiction of a high court and other cases are

related to said case, the high court may jointly exercise jurisdiction over all of

said cases.

Article 4 If two or more related cases falling under the subject-matter

jurisdiction of different courts are pending before a higher court and there is

any case which need not be jointly tried, the higher court may make a ruling to

transfer such case to a lower court which has jurisdiction over it.

Article 5 (1) If two or more related cases are separately pending before a higher

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court and a lower court, the higher court may, irrespective of the subject -

matter jurisdiction, make a ruling to jointly try the case falling under the

jurisdiction of the lower court.

(2) If a case falling under the special jurisdiction of a high court is pending before

it and a related case is pending before a lower court, the high court may make

a ruling to jointly try the case falling under the jurisdiction of the lower court.

Article 6 If two or more cases falling under the territorial jurisdiction of

different courts are related to each other, any court which has jurisdiction over

one of these cases may exercise jurisdiction over the other cases jointly;

provided, however, that such court may not exercise jurisdiction over a case

which falls under the jurisdiction of a particular court pursuant to the

provisions of other acts.

Article 7 If two or more related cases falling under the territorial jurisdiction of

different courts are pending before one court and there is any case which need

not be jointly tried, the court may make a ruling to transfer such case to

another court which has jurisdiction over it.

Article 8 (1) If two or more related cases are separately pending before different

courts which have the same subject-matter jurisdiction, each court may, upon

the request of a public prosecutor or the accused, make a ruling that they are

jointly tried in one court.

(2) If the rulings of several courts as given in the preceding paragraph have not

come to an accord, the next higher court common to all of these courts may,

upon the request of a public prosecutor or the accused, make a ruling that the

cases are to be jointly tried in one court.

Article 9 (1) Two or more cases are deemed to be related when:

(i) one person has committed several crimes;

(ii) several persons have committed the same crime or several separate crimes

together;

(iii) several persons have conspired with each other, and each of them has

committed crimes separately.

(2) The crimes of harboring criminals, tampering with evidence, perjury, giving

false expert evidence or interpretation and crimes concerning property

obtained through a property crime will be deemed to have been committed

together with a crime committed by the principal offender.

Article 10 (1) When the same case is pending before several courts differing in

subject-matter jurisdiction, said case will be tried by a higher court.

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(2) The higher court may, upon the request of a public prosecutor or the accused,

make a ruling that a lower court which has jurisdiction over the case tries said

case.

Article 11 (1) When the same case is pending before several courts which have

the same subject-matter jurisdiction, said case will be tried by the court in

which prosecution was first instituted.

(2) The next higher court common to all of these courts may, upon the request of

a public prosecutor or the accused, make a ruling that the case is tried by a

court in which prosecution was later instituted.

Article 12 (1) When it is necessary for the purpose of discovering facts, a court

may execute its duties outside the district under its jurisdiction.

(2) The provisions of the preceding paragraph apply mutatis mutandis to

commissioned judges.

Article 13 Court proceedings do not lose their effect due to lacking jurisdiction.

Article 14 (1) In cases requiring urgency, a court may, even when it has no

jurisdiction, take the measures necessary for the discovery of facts.

(2) The provisions of the preceding paragraph apply mutatis mutandis to

commissioned judges.

Article 15 A public prosecutor must request the next higher court common to all

of the relevant courts of first instance to designate the court which is to have

jurisdiction when:

(i) the competent court of jurisdiction cannot be determined since the

jurisdictional district is not clear;

(ii) there is no other court with jurisdiction over a case with respect to which a

decision that a certain court lacks jurisdiction has become final.

Article 16 When no court has jurisdiction under law, or when it is impossible to

ascertain such court, the Prosecutor-General must request the Supreme Court

to designate the court which is to have jurisdiction.

Article 17 (1) A public prosecutor must request the next higher court of the court

concerned to effect a change of jurisdiction when:

(i) the competent court is unable to exercise its jurisdiction owing to legal

reasons or special circumstances;

(ii) there is a concern that the impartiality of the trial cannot be maintained

owing to the general sentiment of the local people in the district, the state of

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the proceedings, or due to any other circumstances.

(2) In the cases prescribed in each of the items of the preceding paragraph, the

accused may also request a change of jurisdiction.

Article 18 If, owing to the nature of the crime, the general sentiment of the local

people in the district, or due to any other circumstances, there is a concern

that public safety will be disrupted if the case were to be tried by the court

which has jurisdiction over it, the Prosecutor-General must request the

Supreme Court to effect a change of jurisdiction.

Article 19 (1) When a court deems it appropriate, the court may rule to, either

upon the request of a public prosecutor or the accused, or ex officio, transfer a

case under its jurisdiction to another competent court which has the same

subject-matter jurisdiction.

(2) The ruling of a transfer may not be made once examination of the evidence for

the case has commenced.

(3) Only when a ruling in favor of a transfer or a ruling dismissing a request for

a transfer seriously impairs the interests of a party may an immediate appeal

against such ruling be filed by a prima facie showing of such grounds.

Chapter II Disqualification and Recusal of Court Officials

Article 20 A judge is disqualified from execution of its duties when:

(i) the judge is the victim;

(ii) the judge is or was a relative of the accused or the victim;

(iii) the judge is a legal representative, supervisor of a guardian, curator,

supervisor of a curator, assistant, or supervisor of an assistant for the

accused or the victim;

(iv) the judge has become a witness or an expert witness in the case;

(v) the judge has become a representative, defense counsel or assistant for the

accused in the case;

(vi) the judge has executed its duties of a public prosecutor or a judicial police

officer in the case;

(vii) with regard to the case, the judge has participated in a ruling prescribed

in Article 266, item (ii), summary order or the decision of the lower court , or

in the original judgment of a case which was sent back or transferred

pursuant to the provisions of Articles 398 to 400, 412, or 413, or in the

examination of evidence which formed the basis of such decisions; provided,

however, that this does not apply when said judge participated as a

delegated judge.

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Article 21 (1) When a judge is to be disqualified from the execution of its duties,

or there is a concern that said judge may make a prejudicial decision, a public

prosecutor or the accused may recuse said judge.

(2) The defense counsel may recuse a judge on behalf of the accused; provided,

however, that such recusal is not contrary to the intent expressed by the

accused.

Article 22 Once a request or a statement has been made with regard to a case, a

party cannot recuse a judge on the grounds that there is a concern that said

judge may make a prejudicial decision; provided, however, that this does not

apply when the party did not know of the existence of a cause for recusal or

when such cause occurred later.

Article 23 (1) When a judge who is a member of a panel is recused, the court to

which said judge is assigned must make the ruling. In this case, when the

court is a district court, the ruling must be made by a panel.

(2) When an individual judge who is assigned to a district court or a judge

assigned to a family court is recused, a panel which is assigned to the same

district or family court must make the ruling. When an individual judge who is

assigned to a summary court is recused, a panel which is assigned to the

district court which has jurisdiction must make the ruling; provided, however,

that when the recused judge admits that the recusal has cause, such ruling will

be deemed to have been made.

(3) The recused judge may not participate in the ruling prescribed in the

preceding two paragraphs.

(4) When the court is unable to make a ruling because of the withdrawal of the

recused judge, the ruling must be rendered by the next higher court.

Article 24 (1) When it is clear that the recusal of a judge has been made merely

for the purpose of delaying proceedings, such recusal must be dismissed by a

ruling. Paragraph (3) of the preceding Article does not apply to such case. The

same applies to a ruling of dismissal against a recusal which was made in

violation of Article 22 or the procedures established by the Rules of Court.

(2) In the cases given in the preceding paragraph, a recused commissioned judge

or the recused individual judge of a district court, or the recused judge of a

family court or summary court, may dismiss the recusal.

Article 25 An immediate appeal against a ruling of dismissal of a recusal may be

filed.

Article 26 (1) The provisions of this chapter apply mutatis mutandis to court

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clerks except for the provisions of Article 20, item (vii).

(2) The court to which the court clerk is assigned must make the ruling; provided,

however, that in cases prescribed in Article 24, paragraph (1), the

commissioned judge to whom the court clerk is assigned may make the ruling

to dismiss the recusal.

Chapter III Competence to Stand Trial

Article 27 (1) When the accused or the suspect is a legal person, its

representative represents it with regard to a procedural action.

(2) When a legal person is represented by two or more persons jointly, each

person represents it with regard to a procedural action.

Article 28 When the accused or the suspect lacks mental capacity regarding a

case to which the provisions of Article 39 or 41 of the Penal Code (Act No. 45 of

1907) do not apply, said person's legal representative (when there are two or

more legal representative, respectively; the same applies hereinafter)

represents said person with regard to procedural actions..

Article 29 (1) When, pursuant to the provisions of the preceding two Articles,

there is no one to represent the accused, the court must, upon the request of a

public prosecutor or ex officio, appoint a special representative.

(2) When, pursuant to the provisions of the preceding two Articles, there is no

one to represent the suspect, the court must, upon the request of a public

prosecutor, judicial police officer or an interested party, appoint a special

representative.

(3) The special representative carries out the relevant duties until another

person is able to represent the accused or the suspect with regard to procedural

actions.

Chapter IV Counsel and Assistants

Article 30 (1) The accused or the suspect may appoint defense counsel at any

time.

(2) The legal representative, curator, spouse, lineal relative, sibling of the

accused or suspect may independently appoint defense counsel.

Article 31 (1) A defense counsel must be appointed from among attorneys.

(2) In a summary court or district court, any person who is not an attorney may,

with the permission of the court, be appointed to be a defense counsel; provided,

however, that in a district court this applies only when there is another

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defense counsel appointed from among attorneys.

Article 31-2 (1) The accused or suspect who intends to appoint defense counsel

may make a request to the bar association for the appointment of defense

counsel.

(2) If the bar association has been requested as prescribed in the preceding

paragraph, it must promptly introduce prospective defense counsel from among

the attorneys belonging to the bar association.

(3) If there are no prospective defense counsel as prescribed in the preceding

paragraph, the bar association must promptly notify the person who made the

request to such effect. The same also applies when the attorney who was

introduced as prescribed in the preceding paragraph refuses the request for

appointment of defense counsel made by the accused or suspect.

Article 32 (1) The appointment of defense counsel made prior to the institution

of prosecution has its effect also in the trial of first instance.

(2) The appointment of defense counsel after the institution of prosecution must

be made at each instance.

Article 33 If there is more than one defense counsel for the accused, a chief

defense counsel must be designated pursuant to the Rules of Court.

Article 34 The judicial power of the chief defense counsel prescribed in the

preceding Article is provided by the Rules of Court.

Article 35 The court may limit the number of defense counsel of the accused or

the suspect pursuant to the Rules of Court; provided, however, that with

regard to the defense counsel for the accused, this applies only when special

circumstances exist.

Article 36 When the accused is unable to appoint defense counsel due to

indigency or other reasons, the court must appoint defense counsel for the

accused upon request; provided, however, that this does not apply when

defense counsel has been appointed by a person other than the accused.

Article 36-2 Except in cases requiring defense counsel as set forth pursuant to

this Code, when making the request as prescribed in the preceding Article, the

accused must submit a report on personal financial resources (meaning the

total amount of cash, savings and other assets equivalent thereto provided for

by Cabinet Order of such person (hereinafter referred to as "Financial

Resources") and a document reporting the breakdown of said Financial

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Resources; the same applies hereinafter).

Article 36-3 (1) Except in cases requiring defense counsel as set forth pursuant

to this Code, where the accused, whose Financial Resources are equal to or

more than the base amount (meaning the amount provided for by Cabinet

Order as an amount generally sufficient enough to cover the remuneration and

expenses of the defense counsel after taking into account the average necessary

cost of living; the same applies hereinafter), is to make the request set forth in

Article 36, said accused must first have made the request set forth in Article

31-2, paragraph (1) to the bar association within the jurisdictional district of

the district court which has jurisdiction over the place where the court to

which the request is to be made is located.

(2) Where the bar association, which received the request set forth in Article 31-2,

paragraph (1) pursuant to the provisions of the preceding paragraph, has given

the notification under the provisions of paragraph (3) of the same Article, it

must notify the district court set forth in the preceding paragraph or the court

where the case is pending to such effect.

Article 37 The court may appoint defense counsel ex-officio if there is no defense

counsel for the accused when:

(i) the accused is a minor;

(ii) the accused is over seventy years of age;

(iii) the accused is unable to hear or speak;

(iv) there is the possibility that the accused is insane or has diminished

capacity;

(v) it is deemed necessary for other reasons.

Article 37-2 (1) If a detention warrant is issued against a suspect and the

suspect is unable to appoint a defense counsel due to indigence or any other

grounds, a judge must appoint a defense counsel for the suspect upon request;

provided, however, that this does not apply when the defense counsel is

appointed by a person other than the suspect, or the suspect is released.

(2) A request under the preceding paragraph may also be made by a suspect

whose detention has been requested.

Article 37-3 (1) A report on personal financial resources must be submitted when

making the request set forth in paragraph (1) of the preceding Article.

(2) If a suspect, whose Financial Resources are equal to or more than the base

amount, is to make the request set forth in paragraph (1) of the preceding

Article, said suspect must have first made the request set forth in Article 31-2,

paragraph (1) to the bar association within the jurisdictional district of the

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district court which has jurisdiction over the place where the court to which

the judge who received the request for detention belongs is located.

(3) Where the bar association, which received the request set forth in Article 31-2,

paragraph (1) pursuant to the provisions of the preceding paragraph, has given

the notification under the provisions of paragraph (3) of the same Article, it

must notify the district court set forth in the preceding paragraph to such

effect.

Article 37-4 If a detention warrant has been issued against a suspect and the

suspect has no defense counsel, a judge may appoint a defense counsel ex

officio when finding it necessary with regard to the suspect who is suspected of

having difficulty in judging whether or not the defense counsel is required due

to mental disability or any other grounds; provided, however, that this does not

apply when the suspect is released.

Article 37-5 If the judge is to appoint or has appointed the defense counsel

provided for in the provisions of Article 37-2, paragraph (1) or in the preceding

Article with regard to a case punishable by the death penalty, life

imprisonment, or life imprisonment without work, when said judge deems it to

be particularly necessary, said judge may appoint one more defense counsel ex

officio; provided however, that this does not apply when the suspect has been

released.

Article 38 (1) The defense counsel to be appointed by the court, the presiding

judge or a judge based on the provisions of this Code must be appointed from

among attorneys.

(2) The defense counsel who is appointed pursuant to the provisions of the

preceding paragraph is entitled to travel expenses, a daily allowance,

accommodation fees and remuneration.

Article 38-2 The appointment of defense counsel by a judge ceases to be effective

if the suspect has been released with regard to the case to which the counsel

has been appoint; provided however, that this does not apply if such release is

due to suspension of the execution of detention.

Article 38-3 (1) Where the court finds that any of the following items applies, it

may dismiss the defense counsel who was appointed by the court, the presiding

judge or a judge:

(i) it is no longer necessary to appoint defense counsel due to the fact that

defense counsel has been appointed pursuant to the provisions of Article 30

or based on other reasons;

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(ii) there is a conflict of interests between the accused and the defense counsel,

and it is inappropriate for the defense counsel to continue with its duties;

(iii) the defense counsel is unable to carry out its duties or it has become

difficult for the defense counsel to carry out its duties due to a mental or

physical disorder or any other reason;

(iv) it is inappropriate to have the defense counsel continue with its duties due

to the defense counsel substantially contravening its duties;

(v) it is inappropriate to have the defense counsel continue with its duties due

to assault or intimidation towards the defense counsel or some other cause

imputable to the accused.

(2) When dismissing the defense counsel, said defense counsel's opinion must be

heard in advance.

(3) When dismissing the defense counsel, such dismissal must be conducted so as

not to unduly restrict the rights of the accused.

(4) Prior to the institution of prosecution, the dismissal of the defense council

appointed by a judge is conducted by a judge. In this case, the provisions of the

preceding three paragraphs apply mutatis mutandis.

Article 38-4 Any person who has submitted a report on personal financial

resources that contains a false statement with regard to Financial Resources

for the purpose of causing the court or the judge to reach a mistaken judgment

is punished by a non-criminal fine of not more than 100,000 yen.

Article 39 (1) The accused or the suspect in custody may, without any official

being present, have an interview with, or send to or receive documents or

articles from defense counsel or prospective defense counsel upon the request

of a person entitled to appoint defense counsel (with regard to a person who is

not an attorney, this applies only after the permission prescribed in Article 31,

paragraph (2) has been obtained).

(2) With regard to the interview or the sending or receiving of documents or

articles prescribed in the preceding paragraph, such measures may be provided

by laws and regulations (including the Rules of Court; the same applies

hereinafter) as are necessary to prevent the flight of the accused or the suspect,

the concealment or destruction of evidence, or the sending or receiving of

articles which may hinder safe custody.

(3) A public prosecutor, public prosecutor's assistant officer or judicial police

official ("judicial police official" means both a judicial police officer and a

judicial constable; the same applies hereinafter) may, when it is necessary for

investigation, designate the date, place and time of the interview or sending or

receiving of documents or articles prescribed in paragraph (1) only prior to the

institution of prosecution; provided however, that such designation must not

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unduly restrict the rights of the suspect to prepare for defense.

Article 40 (1) A defense counsel may, after the institution of prosecution, inspect

and copy documents and articles of evidence relating to the trial in a court;

provided, however, that the defense counsel must obtain permission from the

presiding judge when copying the articles of evidence.

(2) Notwithstanding the provisions of the preceding paragraph, the recording

medium provided in Article 157-6, paragraph (4) may not be copied.

Article 41 A defense counsel may undertake a procedural action independently

only when otherwise provided for in this Code.

Article 42 (1) The legal representative, curator, spouse, lineal relative, sibling of

the accused may become an authorized assistant at any time.

(2) In order to become an authorized assistant, notification must be given at each

instance.

(3) An authorized assistant may undertake a procedural action that the accused

is able to undertake insofar as it is not contrary to the intent expressed by the

accused; provided however, that this does not apply when otherwise provided

for in this Code.

Chapter V Judicial Decisions

Article 43 (1) Except as otherwise provided for in this Code, judgments must be

rendered on the basis of oral arguments.

(2) Rulings or orders are not necessarily rendered on the basis of the oral

arguments.

(3) A court or a judge may, when it is necessary to make a ruling or an order,

conduct an examination of the facts.

(4) The examination prescribed in the preceding paragraph may be made by a

judge who is a member of a panel, or may be delegated to a judge of a district

court, family court or summary court.

Article 44 (1) Judicial decisions must be accompanied by the reason thereof.

(2) A ruling or an order against which no appeal can be filed need not be

accompanied by the reason; provided however, that this does not apply to a

ruling against which an objection may be filed pursuant to the provisions of

Article 428, paragraph (2).

Article 45 A decision other than a judgment may be made by an assistant judge.

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Article 46 The accused or any other person concerned in a case may request, at

said person's own cost, a transcript or an extract of the written decision or the

trial record in which the judicial decision is recorded.

Chapter VI Documents and Service

Article 47 No document relating to a trial may be made public prior to the

commencement of the trial; provided however, that this does not apply when it

is necessary for the public interest or other reasons, and when it is deemed to

be appropriate.

Article 48 (1) Court proceedings on trial dates must be recorded in the trial

records.

(2) Important particulars relating to the trial on trial dates must be recorded in

the trial records pursuant to the Rules of Court.

(3) Trial records must be completed promptly after each trial date, and at the

latest, by the time of pronouncement of the judgment; provided however, that

the record for the trial date on which the judgment is pronounced need only be

completed within 7 days after said trial date, and the record for the trial date

need only be completed within 10 days after the trial date if the time period

from the trial date to the date of pronouncement of the judgment is less than

10 days (within 7 days after the trial date pronouncing the judgment if the

time period up to the date of pronouncement of the judgment is less than three

days).

Article 49 If the accused has no defense counsel, said accused may inspect the

trial records pursuant to the Rules of Court. When the accused is unable to

read or see, said accused may request the trial records to be read aloud.

Article 50 (1) If the trial records have not been completed by the time of the next

trial date, the court clerk must, upon the request of a public prosecutor, the

accused or the defense counsel, give an outline of the statements given by the

witnesses on the previous trial date either on or before the next trial date. In

this case, when the public prosecutor, the accused or the defense counsel who

has made the request raises an objection to the accuracy of the outline of the

statements, such objection must be recorded in the trial records.

(2) If the trial records of a trial date without the appearance of the accused and

defense counsel have not been completed before the next trial date, the court

clerk must inform, either on or before the next trial date, the accused or the

defense counsel who has appeared of important particulars relating to the trial

held on the previous trial date.

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Article 51 (1) A public prosecutor, the accused or defense counsel may raise an

objection to the accuracy of trial records. If such an objection is raised, said

objection must be recorded in the trial records.

(2) The objection prescribed in the preceding paragraph must be raised within 14

days after the last trial date of that instance at the latest; provided however,

that with regard to trial records completed after the trial date pronouncing the

judgment set forth in the provisions of the proviso to Article 48, paragraph (3),

objection may be raised within 14 days after completion of the trial records.

Article 52 Court proceedings on the trial dates recorded in trial records can only

be certified by the trial records.

Article 53 (1) Any person may inspect case records after conclusion of a case;

provided however, that this does not apply when such inspection interferes

with the preservation of the case records or the business of the court or the

public prosecutor's office.

(2) Notwithstanding the preceding paragraph, only persons concerned in a case

or persons who have justifiable reason and have been specially granted

permission by the custodian may inspect the case records in which a

prohibition has been imposed on the oral arguments being made open to the

public or on case records being inspected owing to the inappropriateness of

inspection by the public.

(3) With regard to the cases prescribed in the provisions of Article 82, paragraph

(2) of the Constitution of Japan, case records may not be prohibited for

inspection.

(4) Particulars concerning the keeping of case records and fees for inspection of

case records are provided by other acts.

Article 53-2 (1) The provisions of the Act on Access to Information Held by

Administrative Organs (Act No. 42 of 1999) and the Act on Access to

Information Held by Independent Administrative Agencies (Act No. 40 of 2001)

do not apply to documents relating to trials and seized articles.

(2) The provisions of Chapter IV of the Act on the Protection of Personal

Information Held by Administrative Organs (Act No. 58 of 2003) and Chapter

IV of the Act on the Protection of Personal Information Held by Independent

Administrative Agencies. (Act No. 59 of 2003) do not apply to personal

information recorded in documents relating to trials and seized articles.

(3) The provisions of Chapter II of the Public Records and Archives Management

Act (Act No. 66 of 2009) do not apply to documents relating to trials. In this

case, with regard to application of the provisions of Chapter IV of the same Act

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to documents relating to trials, "state organ (except for administrative organs;

the same applies hereinafter in this Article)" in the text of Article 14,

paragraph (1) of the same Act and the "state organ (except for administrative

organs)" in the text of Article 16, paragraph (1), item (iii) of the same Act are

"state organ".

(4) The Public Records and Archives Management Act does not apply to seized

articles.

Article 54 Except as otherwise provided for by the Rules of Court, the provisions

of laws and regulations concerning civil procedure (excluding the provisions

concerning service by public notification) apply mutatis mutandis to the

serving of documents.

Chapter VII Time Periods

Article 55 (1) In the calculation of time periods, those that are calculated by

hours begin to run immediately, and those that are calculated by days, months

or years do not include the first day; provided however, that the first day of a

period of statute of limitations is included as one day irrespective of the hours

of that day.

(2) Months and years are calculated in accordance with the calendar.

(3) When the last day of a time period falls on a Sunday, Saturday, a national

holiday prescribed in the Act Concerning National Holidays (Act No. 178 of

1948), January 2nd, January 3rd or December 29th - 3lst, it is not included in

the time period; provided however, that this does not apply to the period of

statute of limitations.

Article 56 (1) A time period designated by law may be extended pursuant to the

Rules of Court in consideration of the distance between the place where the

residence or the office of the person who is to undertake a procedural action is

located and the place where the court or the public prosecutor's office is located,

and the inconvenience of transportation and communication facilities.

(2) The preceding paragraph does not apply to the period for filing an appeal

against a pronounced decision.

Chapter VIII Summons, Subpoena and Detention of the Accused

Article 57 The court may, setting the reasonable period of suspension prescribed

in the Rules of Court, summon the accused.

Article 58 The court may subpoena the accused when:

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(i) the accused has no fixed residence;

(ii) the accused, without a justifiable reason, disobeys the summons, or poses a

risk of disobeying said summons.

Article 59 The subpoenaed accused must be released within twenty-four hours

from the time of being brought to the court; provided however, that this does

not apply when a detention warrant is issued within the prescribed time.

Article 60 (1) The court may detain the accused when there is probable cause to

suspect that the accused has committed a crime and when:

(i) the accused has no fixed residence;

(ii) there is probable cause to suspect that the accused may conceal or destroy

evidence;

(iii) the accused has fled or there is probable cause to suspect that the accused

may flee.

(2) The period of detention is two months from the date of institution of

prosecution. When it is especially necessary to continue the detention, the

period may be extended for additional one-month periods by a ruling with a

specific reason,; provided however, that the extension is only allowed once,

except as otherwise prescribed in Article 89, item (i), (iii), (iv) or (vi).

(3) With regard to cases which are punished with a fine of not more than 300,000

yen (with regard to crimes other than those under the Penal Code, the Act on

Punishment of Physical Violence and Others (Act No. 60 of 1925), and the Act

on Penal Provisions related to Economic Activities (Act No. 4 of 1944), 20,000

yen for the time being), penal detention or a petty fine, the provisions of

paragraph (1) of this Article apply only when the accused has no fixed

residence.

Article 61 The accused may not be detained unless said accused has been

informed of the case and a statement has been taken from the accused;

provided however, that this does not apply if the accused has fled.

Article 62 The summons, subpoena or detention of the accused must be executed

with the issuance of a summons, subpoena or detention warrant.

Article 63 A summons must contain the name and residence of the accused, the

crime, the date, time and location of appearance, a statement that a subpoena

may be issued if the accused does not appear without a justifiable reason, and

other particulars prescribed in the Rules of Court; and the presiding judge or

the commissioned judge must affix their name and seal to it.

16

Article 64 (1) A subpoena or detention warrant must contain the name and

residence of the accused, the crime, an outline of the charged facts, the place

where the accused is to be brought or the penal institution where the accused

is to be detained, the period of validity and a statement that after expiry of the

period of validity the subpoena or detention warrant may not be executed but

must be returned, the date of issue, and other particulars prescribed in the

Rules of Court; and the presiding judge or the commissioned judge must affix

their name and seal to it.

(2) When the name of the accused is unknown, the accused may be referred to by

a description of said accused's face, physique or other features which can

identify said accused.

(3) When the residence of the accused is unknown, it need not be recorded.

Article 65 (1) A summons are served.

(2) When the accused submits documentation stating that the accused will

appear on an appointed trial date, or when the court orally instructs the

accused while in court to appear on the next trial date, this has the same effect

as a summons being served. When the court orally instructs the accused, this

fact must be recorded in the trial records.

(3) The accused detained at a penal institution near the court may be summoned

by notifying an official of the penal institution (meaning the warden of the

penal institution or an official of the penal institution designated by the

warden; the same applies hereinafter). In this case, a summons is deemed to

have been served when the accused is notified by the official of the penal

institution.

Article 66 (1) The court may delegate a judge of the district court, family court

or summary court of the present place of the accused to subpoena said accused.

(2) A delegated judge may re-delegate a judge of another district court, family

court or summary court, who has the competence to be delegated.

(3) A delegated judge may, when lacking the competence to handle the delegated

particulars, transfer them to a judge of another district court, family court or

summary court, who has the competence to handle said delegation.

(4) A delegated judge or a judge who received a transfer must issue a subpoena.

(5) The provisions of Article 64 apply mutatis mutandis to the subpoena

prescribed in the preceding paragraph. In this case, a statement that the

subpoena is issued through delegation must be on the subpoena.

Article 67 (1) In the case of the preceding Article, the judge who has issued a

subpoena through delegation must examine the identity of the accused within

twenty-four hours from the time the accused is brought before said judge.

17

(2) When the identity of the accused is confirmed, the judge must promptly and

directly refer said accused to the designated court. In this case, the judge who

issued the subpoena through delegation must determine a time period within

which the accused is to arrive at the designated court.

(3) In the case of the preceding paragraph, calculation of the time period

prescribed in Article 59 begins from the time when the accused arrives at the

designated court.

Article 68 The court may, when it is necessary, order the accused to appear at or

to be accompanied to a designated place. When the accused disobeys the order

without a justifiable reason, the court may subpoena said person to appear at

that place. In this case, calculation of the time period prescribed in Article 59

begins from the time when the accused is brought to said place.

Article 69 The presiding judge may, in cases requiring urgency, take the

measures prescribed in Articles 57 to 62, Articles 65 and 66 and the preceding

Article, or commission such measures to the judge of a panel.

Article 70 (1) Subpoenas or detention warrants are, under the direction of a

public prosecutor, executed by a public prosecutor's assistant officer or a

judicial police official; provided however, that in cases requiring urgency, the

presiding judge, a commissioned judge or a judge of a district court, family

court or summary court may direct its execution.

(2) A subpoena issued against an accused in a penal institution is executed by an

official of the penal institution under the direction of a public prosecutor.

Article 71 A public prosecutor's assistant officer or a judicial police official may,

when it is necessary, execute the subpoena or detention warrant outside of said

officer's jurisdiction, or request a public prosecutor's assistant officer or a

judicial police officer in relevant jurisdiction to execute said subpoena or

detention warrant.

Article 72 (1) When the present whereabouts of the accused is unknown, the

presiding judge may delegate investigation of the accused and execution of the

subpoena or detention warrant to the Superintending Prosecutor.

(2) The delegated Superintending Prosecutor must order a public prosecutor of

the jurisdiction to conduct the procedures of investigation and execution of the

subpoena or detention warrant.

Article 73 (1) In the execution of a subpoena, said subpoena must be shown to

the accused, and the accused must be brought to the designated court or the

18

designated place directly and as promptly as possible. With regard to execution

of the subpoena prescribed in Article 66, paragraph (4), the accused must be

brought to the judge who issued it.

(2) In the execution of a detention warrant, said warrant must be shown to the

accused, and the accused must be brought to the designated penal institution

directly and as promptly as possible.

(3) When the subpoena or detention warrant cannot be shown to the accused

because it is not in the executing officer's possession, and when in cases

requiring urgency, the warrant may, notwithstanding the preceding two

paragraphs, be executed after giving an outline of the facts of the charges to

the accused and informing the accused that the warrant has been issued;

provided however, that the warrant must be shown to the accused as promptly

as possible.

Article 74 When escorting the accused under execution of a subpoena or

detention warrant, if it is necessary, the accused may be detained temporarily

at the nearest penal institution.

Article 75 When bringing the accused to the court or designated place under

execution of a subpoena, if it is necessary, the accused may be detained at a

penal institution.

Article 76 (1) If the accused is subpoenaed, the accused must be immediately

notified of an outline of the charged facts, that the accused is entitled to

appoint a defense counsel, and that when unable to personally appoint a

defense counsel due to indigence or any other grounds, the accused is entitled

to request the court to appoint a defense counsel; provided, however, that if a

defense counsel has been appointed for the accused, it is sufficient to give the

accused only an outline of the charged facts.

(2) When informing the accused that the accused is entitled to appoint a defense

counsel pursuant to the provisions of the preceding paragraph, the court must

inform the accused that the accused may make a request for appointment of a

defense counsel specifying an attorney, a legal professional corporation or a bar

association, and of the person to which the request must be made.

(3) A judge of a panel or a court clerk may be commissioned to give notification

under paragraph (1) and information under the preceding paragraph.

(4) If a subpoena has been issued pursuant to the provisions of Article 66,

paragraph (4), notification under paragraph (1) and information under

paragraph (2) must be given by the judge who issued the subpoena; provided,

however, that the judge may commission a court clerk to give the notification

and information.

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Article 77 (1) If the accused is to be detained, the accused must be immediately

notified that the accused is entitled to appoint a defense counsel, and that

when unable to personally appoint a defense counsel due to indigence or any

other grounds, the accused is entitled to request the court to appoint a defense

counsel; provided, however, that this does not apply if a defense counsel has

been appointed for the accused.

(2) When informing the accused that the accused is entitled to appoint a defense

counsel pursuant to the provisions of the preceding paragraph, the court must

inform the accused that the accused may make a request for appointment of a

defense counsel specifying an attorney, a legal professional corporation or a bar

association, and of the person to which the request must be made.

(3) In the case of the proviso of Article 61, immediately after detention of the

accused, the accused must be notified of the matters provided in paragraph (1)

and an outline of the charged facts, and also informed of the matters provided

in the preceding paragraph; provided, however, that if a defense counsel has

been appointed for the accused, it is sufficient to give the accused only the

outline of the charged facts.

(4) The provisions of paragraph (3) of the preceding Article apply mutatis

mutandis to notification under paragraph (1), information under paragraph (2),

and notification and information under the preceding paragraph.

Article 78 (1) The accused under subpoena or detention may make a request to

the court, the penal institution warden or said warden's deputy for

appointment of defense counsel, specifying an attorney, legal professional

corporation or bar association; provided however, that this does not apply when

defense counsel has been appointed for the accused.

(2) The court, the penal institution warden or said warden's deputy requested by

the accused as prescribed in the preceding paragraph must immediately notify

the attorney, legal professional corporation or bar association specified by the

accused of the request. When the accused has specified two or more attorneys

or two or more legal professional corporations or bar associations and made the

request as so prescribed in the preceding paragraph, the court, the penal

institution warden or said warden's deputy need only notify one of them.

Article 79 If the accused has been detained, the defense counsel must be notified

immediately. When no defense counsel has been appointed for the accused,

notification must be given to the person who has been specified by the accused

from among the legal representative, curator, spouse, lineal relatives and

siblings of the accused.

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Article 80 The accused under detention may, subject to relevant laws and

regulations, have an interview with, or send to or receive documents or articles

from persons other than those prescribed in Article 39, paragraph (1). The

same applies to an accused who is detained at a penal institution through a

subpoena.

Article 81 The court may, when there is probable cause to suspect that the

accused under detention may flee or conceal or destroy evidence, upon the

request of a public prosecutor or ex officio, prohibit the accused from having an

interview with persons other than those prescribed in Article 39, paragraph (1),

or censor the documents or articles sent or received by the accused, prohibit

the sending or receiving of said documents or articles, or seize said documents

or articles; provided however, that the court may not prohibit the sending or

receiving of food, nor seize food.

Article 82 (1) The accused under detention may request the court to disclose the

grounds for detention.

(2) The defense counsel, legal representative, curator, spouse, lineal relative,

sibling or other interested party of the accused under detention may also

request the disclosure prescribed in the preceding paragraph.

(3) The requests prescribed in the preceding two paragraphs lose their effect

when bail is granted or execution of detention is suspended or rescinded or

when the detention warrant becomes ineffective.

Article 83 (1) Grounds for detention must be disclosed in an open court.

(2) The court is convened in the presence of a judge and a court clerk.

(3) The court may not be convened without the presence of the accused and the

defense counsel of the accused; provided however, that this does not apply

when the accused cannot personally attend the court because of illness or other

unavoidable reasons and has no objection, or when the accused has no objection

to defense counsel not appearing.

Article 84 (1) The presiding judge must give the grounds for detention in court.

(2) The public prosecutor, the accused or the defense counsel, and other

requesting persons may state their opinions; provided however, that the

presiding judge may, when finding it appropriate, order them to submit written

opinions in lieu of oral statements.

Article 85 A judge of a panel may be commissioned to disclose the grounds for

detention.

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Article 86 When more than one request prescribed in Article 82 has been made

with respect to the same detention, the grounds for detention are disclosed

with regard to the first request. The other requests must be dismissed by a

ruling after disclosure of the grounds for detention.

Article 87 (1) When the grounds for or necessity of detention no longer exist, the

court must, upon the request of a public prosecutor, the accused under

detention, the defense counsel of the accused, legal representative, curator,

spouse, lineal relative or sibling or ex officio, make a ruling to rescind the

detention.

(2) The provisions of Article 82, paragraph (3) apply mutatis mutandis to the

request prescribed in the preceding paragraph.

Article 88 (1) The accused under detention or the defense counsel of the accused,

legal representative, curator, spouse, lineal relative or sibling may request bail.

(2) The provisions of Article 82, paragraph (3) apply mutatis mutandis to the

request prescribed in the preceding paragraph.

Article 89 The request for bail must be granted, except when:

(i) the accused has allegedly committed a crime which is punishable by the

death penalty, life imprisonment, life imprisonment without work, or a

sentence of imprisonment or imprisonment without work whose minimum

term is one year or more;

(ii) the accused was previously found guilty of a crime punishable by the death

penalty, life imprisonment, life imprisonment without work, or a sentence of

imprisonment or imprisonment without work whose maximum term was in

excess of ten years;

(iii) the accused allegedly habitually committed a crime punishable by

imprisonment or imprisonment without work whose maximum term was

three years or more ;

(iv) there is probable cause to suspect that the accused may conceal or destroy

evidence;

(v) there is probable cause to suspect that the accused may harm the body or

property of the victim or any other person who is deemed to have knowledge

essential to the trial of the case or the relatives of such persons or may

threaten them;

(vi) the name or residence of the accused is unknown.

Article 90 The court may, when it finds it appropriate, grant bail ex officio

taking into account the extent of the risk that the accused may flee, or conceal

or destroy evidence if the accused is bailed, as well as the extent of health or

22

economic disadvantages or disadvantages in social life or in terms of

preparation for defense to be incurred by the accused due to continued physical

restraint and other circumstances.

Article 91 (1) When confinement through detention has been unduly long, the

court must, upon the request of the person prescribed in Article 88 or ex officio,

make a ruling to rescind the detention or grant bail.

(2) The provisions of Article 82, paragraph (3) apply mutatis mutandis to the

request prescribed in the preceding paragraph.

Article 92 (1) The court must, when making a ruling to grant or dismiss bail,

hear the opinion of the public prosecutor.

(2) The provisions of the preceding paragraph apply when the court makes a

ruling to rescind detention, except when it is so requested by a public

prosecutor; provided however, that this does not apply in any case requiring

urgency.

Article 93 (1) The court must, when granting bail, set the amount of the bail

bond.

(2) The amount of the bail bond must be set at a sufficient level to ensure the

appearance of the accused, in consideration of the nature and circumstances of

the crime, the probative value of the evidence, and the character and the

property of the accused.

(3) When the court grants bail, it may specify the residence of the accused or add

other appropriate conditions to the bail.

Article 94 (1) A ruling to grant bail may not be executed before payment of the

bail bond.

(2) The court may let a person other than the person requesting bail pay the bail

bond.

(3) The court may permit the bail bond to be paid in securities or with a written

guarantee issued by an appropriate person other than the accused, in place of

cash.

Article 95 The court may, when it deems it to be appropriate, entrust the

accused under detention to a relative, shelter organization or other person, or

specify the residence of the accused, and make a ruling to suspend the

execution of detention.

Article 96 (1) The court may, upon the request of a public prosecutor or ex officio,

make a ruling to rescind the bail or suspension of the execution of detention

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when:

(i) the accused has been summoned but does not appear without a justifiable

reason;

(ii) the accused has fled or there is probable cause to suspect that the accused

may flee;

(iii) the accused has concealed or destroyed evidence or there is probable cause

to suspect that the accused may conceal or destroy evidence;

(iv) the accused has harmed or tried to harm the body or property of the victim,

any other person who is deemed to have knowledge essential to the trial of

the case or the relatives of such persons or has threatened them; or

(v) the accused has violated the conditions set by the court such as restrictions

on the place of residence.

(2) If the court rescinds bail, it may make a ruling to sequester the whole or part

of the bail bond.

(3) When an accused on bail has been found guilty, and the sentence has become

final and binding, and said accused has subsequently been summoned for the

execution of said sentence but does not appear in court without a justifiable

reason or flees, the court must, upon the request of a public prosecutor, make a

ruling to sequester the whole or part of the bail bond.

Article 97 (1) With respect to cases where the time limit for filing an appeal has

not yet expired and an appeal has not yet been filed, rulings to renew the

period of detention, rescind the detention, bail the accused, suspend the

execution of detention, or rescind the bail or the suspension of execution of

detention must be made by the original court.

(2) With respect to cases where an appeal has been filed but the case records

have not arrived at the appellate court, the court that is to make a ruling in

the preceding paragraph is as provided by the Rules of Court.

(3) The provisions of the preceding two paragraphs apply mutatis mutandis to

the disclosure of the grounds for detention.

Article 98 (1) If a ruling to rescind bail or the suspension of execution of

detention has been made, or if the term of suspension of detention has expired,

a public prosecutor's assistant officer, judicial police official or an official of the

penal institution must, under the direction of a public prosecutor, commit the

accused in an penal institution after showing said accused a transcript of the

detention warrant and a transcript of the written ruling rescinding bail or the

suspension of execution of detention or a transcript of the written ruling on

suspension for a designated term of execution of detention.

(2) When said officer or official is unable to show the documents in the preceding

paragraph to the accused because said person does not have the documents in

24

their possession and in cases requiring urgency, said person may,

notwithstanding the preceding paragraph and under the direction of a public

prosecutor, commit the accused in penal institution immediately after notifying

the accused that the ruling to grant bail or to suspend the execution of

detention has been rescinded, or that the term of suspension of execution of

detention has expired; provided however, that the documents must be shown as

promptly as possible.

(3) The provisions of Article 71 apply mutatis mutandis to the commitment in the

preceding two paragraphs.

Chapter IX Search and Seizure

Article 99 (1) The court may, when it is necessary, seize articles of evidence or

articles which it is considered should be confiscated; provided however, that

this does not apply when so provided otherwise.

(2) If the article to be seized is a computer, and with regard to a recording

medium connected via telecommunication lines to such computer, it may be

reasonably supposed that such recording medium was used to retain electronic

or magnetic records which have been made or altered using such computer, or

electronic or magnetic records which can be altered or erased using such

computer, the computer or other recording medium may be seized after such

electronic or magnetic records have been copied onto such computer or other

recording medium.

(3) The court may specify the articles to be seized and order the owner, possessor

or custodian to submit them.

Article 99-2 The court may, when it is necessary, seize records created under a

record copying order (meaning having a custodian of electronic or magnetic

records or a person with the authority to access electronic or magnetic records

copy the necessary electronic or magnetic records onto a recording medium or

print said records out, and seize said recording medium; the same applies

hereinafter).

Article 100 (1) The court may seize or order the submission of postal items,

items of correspondence or documents sent by telegraph sent to or from the

accused which, based on the provisions of laws and regulations are held in the

custody of or are in the possession of a person who handles communications.

(2) The postal items, items of correspondence or documents sent by telegraph

sent to or from the accused which, based on the provisions of laws and

regulations are held in the custody of or are in the possession of a person who

handles communications, but are not subject to the preceding paragraph, may

25

be seized or their submission ordered only when they can be reasonably

supposed to be related to the case charged to the court.

(3) When the court has made the disposition in the preceding two paragraphs,

the sender or recipient must be so notified; provided however, that this does

not apply when there is a concern that such notification would obstruct court

proceedings.

Article 101 Articles which the accused or another person has left behind or

which the owner, possessor or custodian has submitted voluntarily may be

retained.

Article 102 (1) The court may, when it is necessary, search the body, articles,

residence or any other place of the accused.

(2) The body, articles, residence or any other place of a person other than the

accused may be searched only when it can be reasonably supposed that articles

which should be seized exist.

Article 103 Articles retained or possessed by a government employee or an ex-

government employee may not be seized without the consent of said employee's

supervisory public agency, when said employee or the public agency asserts

that the articles pertain to official confidential information; provided however,

that the supervisory public agency may not refuse consent except where the

seizure may harm important national interests.

Article 104 (1) When the persons prescribed in the following items make an

assertion as prescribed in the preceding Article, the articles may not be seized

without the consent of the House with regard to the person prescribed in item

(i), or the consent of the Cabinet with regard to the person prescribed in item

(ii):

(i) a Member or ex-Member of the House of Representatives or the House of

Councillors;

(ii) the Prime Minister, other Ministers of State or ex-Ministers of State.

(2) In the cases prescribed in the preceding paragraph, the House of

Representatives, the House of Councillors and the Cabinet may not refuse

consent except where the seizure may harm important national interests.

Article 105 A physician, dentist, midwife, nurse, attorney (including a foreign

lawyer registered in Japan), patent attorney, notary public or a person engaged

in a religious occupation, or any other person who was formerly engaged in any

of these professions may refuse the seizure of articles containing the

confidential information of others with which said person has been entrusted,

26

and retains or possesses in the course of said person's duties; provided however,

that this does not apply when the person in question has given consent, when

the refusal is deemed to be an abuse of rights exclusively for the interests of

the accused (unless said person is the accused), or where there exist other

circumstances provided for by the Rules of Court.

Article 106 Searches, seizures or seizures of records created under a record

copying order outside of the court must be executed on the issuance of a search

warrant, seizure warrant or warrant ordering the seizure of records created

under a record copying order.

Article 107 (1) Search warrants, seizure warrants or warrants ordering the

seizure of records created under a record copying order must contain the name

of the accused, the charged offense, the articles to be seized, details of the

electronic or magnetic records to be recorded or to be printed out, the name of

person who is to record them or print them out, or the place, body or articles to

be searched, the period of validity and a statement to the effect that after said

period of validity expires searches or seizures may not be executed and said

warrant must be returned, as well as the date of issue and other particulars

prescribed in the Rules of Court; and the name and seal of the presiding judge

must be affixed to said warrants.

(2) When making the ruling provided for in Article 99, paragraph (2), in addition

to the particulars prescribed in the preceding paragraph, the seizure warrants

set forth in the preceding paragraph must contain the range of recording

medium to which the electronic or magnetic records are to be copied and which

is connected via telecommunication lines to the computer to be seized.

(3) The provisions of Article 64, paragraph (2) apply mutatis mutandis to the

search warrant, seizure warrant or warrant ordering the seizure of records

created under a record copying order set forth in paragraph (1).

Article 108 (1) The search warrant, seizure warrant, or warrant ordering the

seizure of records created under a record copying order is executed by a public

prosecutor's assistant officer or a judicial police official under the direction of a

public prosecutor; provided however, that when the court deems it necessary

for the protection of the accused, the presiding judge may order a court clerk or

a judicial police official to execute said warrant.

(2) The court may, with regard to the execution of a search warrant, seizure

warrant or warrant ordering the seizure of records created under a record

copying order, give an endorsement in writing to the person who executes it

that such execution is appropriate.

(3) The endorsement in the preceding paragraph may be given by a judge of a

27

panel.

(4) The provisions of Article 71 apply mutatis mutandis to the execution of a

search warrant, seizure warrant or warrant ordering the seizure of records

created under a record copying order.

Article 109 The public prosecutor's assistant officer or court clerk may, when it

is necessary to execute a search warrant, seizure warrant or warrant ordering

the seizure of records created under a record copying order, request a judicial

police official for assistance.

Article 110 The search warrant, seizure warrant or warrant ordering the seizure

of records created under a record copying order must be shown to the person

who is to be subject to said disposition.

Article 110-2 If the article to be seized is a recording medium containing

electronic or magnetic records, the person executing the seizure warrant may

execute the measures prescribed in the following items in lieu of said seizure.

The same applies to a seizure in court:

(i) the person may copy the electronic or magnetic records recorded on the

recording medium which is to be seized onto some other recording medium,

print them out or transfer them, and may then seize said other recording

medium;

(ii) the person may have the person subject to the seizure copy the electronic or

magnetic records recorded on the recording medium which is to be seized

onto some other recording medium, print them out or transfer them, and may

then seize said other recording medium.

Article 111 (1) In the execution of a search warrant, seizure warrant or warrant

ordering the seizure of records created under a record copying order, necessary

measures such as the unlocking or unsealing of relevant articles may be taken.

The same applies to searches, seizures and seizures of records created under a

record copying order in court.

(2) The measures in the preceding paragraph may be taken regarding seized

articles.

Article 111-2 Where the article to be seized is a recording medium containing

electronic or magnetic records, the person executing the search warrant or the

seizure warrant may ask the person subject to the measure to operate the

computer, or for some other form of cooperation. The same applies to a search

or seizure in court.

28

Article 112 (1) Any person who has no permission from the executing officer may

be prohibited from entering or leaving the subject place during execution of a

seizure warrant, a warrant ordering the seizure of records created under a

record copying order, or a search warrant.

(2) A person who disobeys prohibition under the preceding paragraph may be

made to leave or placed under guard until the completion of execution.

Article 113 (1) The public prosecutor and the accused or the defense counsel may

attend the execution of a search warrant, seizure warrant or warrant ordering

the seizure of records created under a record copying order; provided however,

that this does not apply to an accused who is in custody.

(2) The executing officer of the search warrant, seizure warrant or warrant

ordering the seizure of records created under a record copying order must,

notify persons who may attend in advance, pursuant to the provisions of the

preceding paragraph, of the date, time and location of the execution of the

warrant; provided however, that this does not apply when such persons declare

to the court in advance their intention not to attend said execution, or in cases

requiring urgency.

(3) The court may, when it is necessary to execute a search warrant or seizure

warrant, have the accused attend said warrant execution.

Article 114 (1) In executing a search warrant, seizure warrant or warrant

ordering the seizure of records created under a record copying order in a public

office, the executing officer must notify the head of the office or the deputy of

the execution, and have said head or deputy attend it.

(2) Except for the cases pursuant to the provisions of the preceding paragraph, in

executing the search warrant, seizure warrant or warrant ordering the seizure

of records created under a record copying order in the residence of a person, or

on the premises, in a building or a vessel guarded by a person, the executing

officer must have the head of the household, the guard or the deputy of said

head or guard attend its execution. When such person is unable to do so, the

executing officer must have a neighbor or an official of the local government

attend said execution.

Article 115 In executing a search warrant when searching the body of a female,

the executing officer must have a female adult attend the execution of said

warrant; provided however, that this does not apply in cases requiring urgency.

Article 116 (1) The executing officer may not enter the residence of a person, or

premises, building or vessel guarded by a person to execute a search warrant,

seizure warrant or warrant ordering the seizure of records created under a

29

record copying order before sunrise or after sunset, unless the warrant

contains a written statement to the effect that execution during the night is

permitted.

(2) When the execution of the search warrant, seizure warrant or warrant

ordering the seizure of records created under a record copying order starts

before sunset, the execution of said warrant may continue after sunset.

Article 117 A seizure warrant, a warrant ordering the seizure of records created

under a record copying order, or a search warrant is not necessarily executed

under restriction provided in paragraph (1) of the preceding Article in the

following places:

(i) places recognized as being frequently used for gambling, private lotteries or

acts prejudicial to public morals; or

(ii) hotels, restaurants or other places where the public is able to enter and

leave at night; provided, however, that this applies only to searches and

seizure executed during hours in which those places are open to the public.

Article 118 When the executing officer suspends the execution of a seizure

warrant, a warrant ordering the seizure of records created under a record

copying order, or a seizure warrant and it is necessary, that execution officer

may shut down the place under execution or put the place under guard until

the execution has been completed.

Article 119 If no article of evidence or article requiring confiscation has been

found in a search, the executing officer must, upon the request of the person

who is subject to the search, issue a certificate certifying said fact.

Article 120 If articles have been seized, the executing officer must make an

inventory and deliver it to the owner, possessor, custodian of the articles

(including the person subject to the measure pursuant to the provisions of

Article 110-2) or said person's deputy.

Article 121 (1) Seized articles which are inconvenient for transportation or

retention may be put under guard, or the owner or another person may be

made to retain said articles after receiving consent to do so.

(2) Seized articles which are likely to be dangerous may be disposed of.

(3) The measures provided in the preceding two paragraphs may be taken by the

executing officer of the seizure warrant except when otherwise specially

directed by the court.

Article 122 Seized articles which may be confiscated, and for which there is a

30

concern that they may be easily lost or damaged, or articles which are

inconvenient to retain, may be sold and their proceeds may be retained.

Article 123 (1) Seized articles which do not necessitate custody must,

notwithstanding the conclusion of the case, be returned by a ruling.

(2) Seized articles may be ruled to be provisionally returned, upon the request of

the owner, possessor, custodian or the person who submitted them.

(3) When the seized article is a recording medium which was seized after

transferring electronic or magnetic records or having the electronic or magnetic

records transferred pursuant to the provisions of Article 110-2 and does not

need to be placed in custody, and when the person who underwent the seizure

and the owner, possessor or custodian of such recording medium differ, said

recording medium must be delivered to the person who underwent the seizure,

or the copying of the electronic or magnetic records must be allowed by a ruling,

notwithstanding the conclusion of the case.

(4) When making the ruling prescribed in the preceding three paragraphs, the

court must hear the opinions of the public prosecutor and the accused or the

defense counsel.

Article 124 (1) Seized property obtained through a property crime which does not

need to be placed in custody must be ruled to be returned to the victim, only

when the reason necessitating return to the victim is clear, notwithstanding

the conclusion of the case and after hearing the opinions of the public

prosecutor and the accused or the defense counsel.

(2) The provisions of the preceding paragraph do not prevent interested parties

from claiming their rights in accordance with the procedures of civil actions.

Article 125 (1) Searches or seizures may be commissioned to a judge of a panel,

or may be delegated to a judge of the district court, family court or summary

court in the district where the search or seizure is to be executed.

(2) A delegated judge may re-delegate a judge of another district court, family

court or summary court, who has the competence to be delegated.

(3) A delegated judge may, when lacking the competence to handle the delegated

particulars, transfer them to a judge of another district court, family court or

summary court, who has the competence to handle said delegation.

(4) The provisions pertaining to the searches or seizures by the court apply

mutatis mutandis to searches or seizures by a commissioned judge or delegated

judge; provided however, that the notification prescribed in Article 100,

paragraph (3) must be made by the court.

Article 126 A public prosecutor's assistant officer or a judicial police official may,

31

when executing a subpoena or detention warrant, if it is necessary, enter the

residence of a person, or premises, building or vessel guarded by a person and

search for the accused. In this case, a search warrant need not be obtained.

Article 127 The provisions of Articles 111, 112, 114 and 118 apply mutatis

mutandis to the search by a public prosecutor's assistant officer or a judicial

police official as prescribed in the preceding Article; provided however, that in

cases requiring urgency, the search need not be in accordance with Article 114,

paragraph (2).

Chapter X Inspections

Article 128 The court may, when it is necessary for fact-finding, conduct an

inspection.

Article 129 The court may conduct inspections and examinations of persons,

autopsies, grave excavations, and may destroy objects and take other necessary

measures in the inspection.

Article 130 (1) The court may not enter the residence of a person, or premises,

building or vessel guarded by a person for inspection before sunrise or after

sunset without the consent of the head of the household, the guard or deputy;

provided however, that this does not apply when there is the concern that an

inspection after sunrise may not fulfill the purpose of inspection.

(2) When an inspection starts before sunset, it may continue after sunset.

(3) Inspections in the places prescribed in Article 117 need not be restricted as

prescribed in paragraph (1) of this Article.

Article 131 (1) An inspection and examination of a person, taking into account

the sex, physical condition and other circumstances of a person undergoing

said inspection and examination, must be executed with due care given

especially to the manner of the inspection and examination, so as not to harm

the dignity of the person being inspected and examined.

(2) In cases of the inspections and examinations of females, the court must have

a physician or a female adult attend the inspection and examination.

Article 132 The court may summon a person other than the accused to the court

or a designated place for an inspection and examination of a person.

Article 133 (1) When the person who was summoned in accordance with the

provisions of the preceding Article does not appear without a justifiable reason,

32

the court may punish said person by making a ruling for a non-criminal fine of

not more than 100,000 yen and order said person to compensate for the

expenses incurred due to said absence.

(2) An immediate appeal against the ruling prescribed in the preceding

paragraph may be filed.

Article 134 (1) Any person who has been summoned in accordance with the

provisions of Article 132 but does not appear without a justifiable reason is

punished by a fine of not more than 100,000 yen or penal detention.

(2) The court may, taking into account the circumstances, punish a person who

commits the crime prescribed in the preceding paragraph by cumulative

imposition of both a fine and penal detention.

Article 135 When any person disobeys the summons prescribed in the provisions

of Article 132, the court may re-summon or subpoena said person.

Article 136 The provisions of Articles 62, 63 and 65 apply mutatis mutandis to

the summons prescribed in the provisions of Article 132 and the preceding

Article, and the provisions of Articles 62, 64, 66, 67, 70, 71 and Article 73,

paragraph (1) apply mutatis mutandis to the subpoena prescribed in the

preceding Article.

Article 137 (1) When the accused or a person other than the accused refuses an

inspection and examination of the person without a justifiable reason, the

court may punish said person by making a ruling for a non-criminal fine of not

more than 100,000 yen and order said person to compensate for the expenses

incurred due to said refusal.

(2) An immediate appeal against the ruling prescribed in the preceding

paragraph may be filed.

Article 138 (1) Any person who refuses an inspection and examination of the

person without a justifiable reason is punished by a fine of not more than

100,000 yen or penal detention.

(2) The court may, taking into account the circumstances, punish a person who

commits the crime prescribed in the preceding paragraph by cumulative

imposition of both a fine and penal detention.

Article 139 The court may, if it deems that a non-criminal fine or criminal

punishment will have no effect on the person refusing the inspection and

examination of the person, execute the inspection and examination

compulsorily.

33

Article 140 The court must, when it is going to punish a person by a non-

criminal fine in accordance with Article 137, or execute an inspection and

examination of the person in accordance with the preceding Article, hear the

opinion of the public prosecutor in advance, and endeavor to ascertain the

reason for the objection of a person who is to undergo an inspection and

examination of the person.

Article 141 The court may, when it is necessary for the inspection, have a

judicial police official assist.

Article 142 Articles 111-2 to 114, 118 and 125 apply mutatis mutandis to the

inspection.

Chapter XI Examination of Witnesses

Article 143 The court may, except as otherwise provided in this Code, examine

any person as a witness.

Article 143-2 A court may, setting the reasonable period of suspension provided

in the Rules of Court, summon a witness.

Article 144 The court may not examine, without the consent of the supervisory

public agency, a government employee or an ex-government employee on

particulars which said person has come to know, when the officer or the public

office asserts that the knowledge of the government employee or ex-

government employee pertains to official confidential information; provided

however, that the supervisory public agency may not refuse to give consent

except where such examination may harm important national interests.

Article 145 (1) When the persons prescribed in the following items make an

assertion as prescribed in the preceding Article, the court may not examine

said person as a witness without the consent of the House with regard to the

person prescribed in item (i), or the consent of the Cabinet with regard to the

person prescribed in item (ii):

(i) a Member or ex-Member of the House of Representatives or the House of

Councillors;

(ii) the Prime Minister, other Ministers of State or ex-Ministers of State.

(2) In the cases prescribed in the preceding paragraph, the House of

Representatives, the House of Councillors and the Cabinet may not refuse to

give consent except where such examination may harm important national

34

interests.

Article 146 Any person may refuse to give testimony when there is a concern

that such testimony may result in said person's criminal prosecution or

conviction.

Article 147 Any person may refuse to give testimony when there is a concern

that such testimony may result in criminal prosecution or conviction against:

(i) said person's spouse, blood relatives within the third degree of kinship or

relatives by affinity within the second degree of kinship or a person who

formerly had such relationship with said person;

(ii) said person's guardian, the supervisor of said person's guardian or said

person's curator;

(iii) a person for whom said person is a guardian, supervisor of a guardian or a

curator.

Article 148 A person who has the relationship prescribed in the preceding

Article with one or more of the accomplices or co-defendants may not refuse to

give testimony on particulars relating only to the other accomplices or co-

defendants.

Article 149 A physician, dentist, midwife, nurse, attorney (including a foreign

lawyer registered in Japan), patent attorney, notary public or a person engaged

in a religious occupation, or any other person who was formerly engaged in any

of these professions may refuse to give testimony on particulars pertaining to

the confidential information that said person came to know through entrusted

professional conduct; provided however, that this does not apply when the

person in question has given consent, when the refusal is deemed to be an

abuse of rights exclusively for the interests of the accused (unless said person

is the accused), or where there exist other circumstances provided for by the

Rules of Court.

Article 150 (1) When the summoned witness does not appear without a

justifiable reason, the court may punish said witness by making a ruling for a

non-criminal fine of not more than 100,000 yen and order said person to

compensate for the expenses incurred due to said absence.

(2) An immediate appeal against the ruling prescribed in the preceding

paragraph may be filed.

Article 151 Any person who is summoned as a witness and does not appear

without a justifiable reason is punished by imprisonment for not more than a

35

year or a fine of not more than 300,000 yen.

Article 152 A court may subpoena a witness when the witness, without a

justifiable reason, disobeys the summons, or poses a risk of disobeying said

summons.

Article 153 The provisions of Articles 62, 63 and 65 apply mutatis mutandis to

the summons of a witness. The provisions of Articles 62, 64, 66, 67, 70, 71 and

Article 73, paragraph (1) apply mutatis mutandis to the subpoena of a witness.

Article 153-2 When escorting or bringing a witness to the designated court or the

designated place on execution of a subpoena, if it is necessary, said witness

may be temporarily detained at the nearest police station or any other

appropriate place.

Article 154 The court must, except as otherwise provided in this Code, have

witnesses swear an oath.

Article 155 (1) The court must, with regard to a witness unable to understand

the meaning of an oath, examine said person without the oath.

(2) Even if the witness prescribed in the preceding paragraph has sworn an oath,

the admissibility of said witness's statement as testimony is not denied or its

effect lessened.

Article 156 (1) The court may have a witness testify on particulars inferred from

the things which said witness has actually experienced.

(2) The admissibility of the testimony prescribed in the preceding paragraph is

not denied or its effect lessened even if the testimony contains expert evidence.

Article 157 (1) The public prosecutor and the accused or the defense counsel may

attend the examination of a witness.

(2) Those who are entitled to attend the examination in accordance with the

preceding paragraph must be notified in advance of the date, time and location

of the witness examination; provided however, that this does not apply when

any of these persons declares in advance to the court their intent of not

attending.

(3) The person prescribed in paragraph (1) of this Article may, when attending

the examination, personally examine said witness after notifying the presiding

judge of this intent.

Article 157-2 (1) When a public prosecutor plans to examine a witness with

36

regard to matters that may lead to the witness's criminal prosecution or

conviction and finds it necessary taking into account the importance of

testimony on those matters, the gravity and circumstances of the crime

concerned and other circumstances, the public prosecutor may request in

advance that the court should examine the witness under the following

conditions:

(i) statements made in response to the examination and evidence obtained

based thereon may not be used as evidence against the witness in the

witness's criminal case, except when acts performed by the witness during

the examination constitute the crimes under Article 161 of this Code or

Article 169 of the Penal Code and those statements and evidence are used in

the case pertaining to these crimes involving the acts; and

(ii) notwithstanding the provisions of Article 146, the witness may not refuse to

give testimony even if there is a concern that the testimony may result in the

witness's criminal prosecution or conviction.

(2) Upon request under the preceding paragraph, the court shall render a ruling

to the effect that the witness will be examined under the conditions set forth in

items of the same paragraph, except when it is clearly found that any matter

that may lead to the witness's criminal prosecution or conviction is not

included in the matters with regard to which the witness is to be examined.

Article 157-3 (1) When a public prosecutor finds that a witness has refused to

give testimony on matters that may lead to the witness's criminal prosecution

or conviction and finds it necessary taking into account the importance of

testimony on those matters, the gravity and circumstances of the crime

concerned and other circumstances, the public prosecutor may request that the

court should examine the witness under the conditions set forth in items of

paragraph (1) of the preceding Article after that point.

(2) Upon request under the preceding paragraph, the court shall render a ruling

to the effect that the witness will be examined under the conditions set forth in

items of paragraph (1) of the preceding Article after that point, except when it

is found that the witness has not refused to give testimony or it is clearly found

that any matter that may lead to the witness's criminal prosecution or

conviction is not included in the matters with regard to which the witness is to

be examined.

Article 157-4 (1) In the examination of a witness, if it is found that the witness

is likely to feel extreme anxiety or tension taking into account the witness's

age or mental or physical condition, or other circumstances, a court may, after

hearing the opinions of the public prosecutor and the accused or the defense

counsel, have the witness accompanied during testimony by those who are

37

suitable for easing the witness's anxiety or tension, and are unlikely to disturb

examination by a judge or persons concerned in the case or the testimony of the

witness, or to unduly influence the content of the testimony.

(2) The person accompanying the witness pursuant to the provisions of the

preceding paragraph must not behave in any manner, during the testimony of

the witness, which may disturb examination by a judge or persons concerned in

the case or the testimony of the witness, or unduly influence the content of the

testimony.

Article 157-5 (1) In the examination of a witness, when it is found that the

witness is likely to feel pressure and the witness's mental peace of mind is

likely to be seriously harmed while testifying in the presence of the accused

(including cases using the means provided in paragraphs (1) and (2) of the

following Article) due to the nature of the crime, the witness's age, mental or

physical condition or relationship with the accused, or other circumstances,

and a court finds it appropriate, the court may take measures so that it is

impossible for the accused and the witness to be aware of each other's presence

either from one side or from both sides, after hearing the opinions of the public

prosecutor and the accused or the defense counsel; provided, however, that

measures to make it impossible for the accused to be aware of the presence of

the witness may only be taken when the defense counsel is present.

(2) In the examination of a witness, when a court finds it appropriate taking into

account the nature of the crime, the witness's age or mental or physical

condition, the effect on the witness's reputation, or other circumstances, the

court may take measures so that it is impossible for court observers and the

witness to be aware of each other's presence, after hearing the opinions of the

public prosecutor and the accused or the defense counsel.

Article 157-6 (1) In the examination of the person set forth in the following

items as a witness, when a court finds it appropriate, the court may, after

hearing the opinions of the public prosecutor and the accused or the defense

counsel, have the witness be present in a place located in the same premises

(meaning in the same premises as the place where these persons are present;

the same applies in the following paragraph) other than the place where the

judge and persons concerned in the case are present for the examination of the

witness, and examine the witness by means that allows the recognition of each

other's presence and communication through the transmission of images and

sound:

(i) the victim of the crimes or attempts of the crimes under Articles 176

through 179 or Article 181 of the Penal Code, Article 225 or Article 226-2,

paragraph (3) of the same Code (limited to cases with the purpose of

38

indecency or marriage; hereinafter the same applies in this item), or Article

227, paragraph (1) (limited to cases with the purpose of being an accessory to

a person who commits the crime under Article 225 or Article 226-2,

paragraph (3)) or paragraph (3) (limited to cases with the purpose of

indecency) or Article 241, paragraph (1) or (3) of the same Code;

(ii) the victim of the crimes under Article 60, paragraph (1) of the Child

Welfare Act (Act No. 164 of 1947) or paragraph (2) of the same Article

pertaining to Article 34, paragraph (1), item (ix) of the same Act, or Articles

4 through 8 of the Act on Regulation and Punishment of Acts Relating to

Child Prostitution and Child Pornography, and Protection of Children (Act

No. 52 of 1999); or

(iii) in addition to those set forth in the preceding two items, a person who is

likely to feel pressure and the person's mental peace of mind is likely to be

seriously harmed while testifying at the place where the judge and persons

concerned in the case are present for the examination of the witness, due to

the nature of the crime, the person's age, mental or physical condition or

relationship with the accused, or other circumstances.

(2) In the examination of a witness, when a court finds it appropriate in the

following cases, the court may, after hearing the opinions of the public

prosecutor and the accused or the defense counsel, have the witness be present

in the place provided in the Rules of Court located not in the same premises,

and examine the witness by means that allows the recognition of each other's

presence and communication through the transmission of images and sound:

(i) when the court finds that the witness's peace of mind is likely to be

seriously harmed if the witness appears in the same premises, due to the

nature of the crime, the witness's age, mental or physical condition or

relationship with the accused, or other circumstances;

(ii) when the court finds that the body or property of the witness is likely to be

harmed or the witness may be threatened or confused while moving to a

place in the same premises to appear there;

(iii) when the court finds that the body or property of the witness or the

witness's relative is likely to be harmed or either of these persons is likely to

be threatened or confused due to the identification of the witness's address,

workplace and other ordinary whereabouts by following the witness or other

means while the witness moves after appearing in the same premises; or

(iv) when the court finds it extremely difficult that the witness appears in the

same premises due to the witness's residence in a remote place, and his/her

age, occupation, physical condition or other circumstances.

(3) In the examination of a witness using the means provided in the preceding

two paragraphs (excluding the case of examination pursuant to the provisions

of item (iv) of the preceding paragraph), when it is considered that the witness

39

will be requested to testify on the same facts again in another criminal

procedure thereafter, and the consent of the witness is obtained, the court may,

after hearing the opinions of the public prosecutor and the accused or the

defense counsel, record the examination and testimony of and the

circumstances surrounding the witness on a recording medium (limited to that

capable of recording images and sound simultaneously).

(4) The recording medium on which the examination and testimony of and the

circumstances surrounding a witness are recorded pursuant to the provisions

of the preceding paragraph shall be attached to the case record as part of

written statements.

Article 158 (1) The court may, after hearing the opinions of the public prosecutor

and the accused or the defense counsel, and when the court deems it to be

necessary, taking into account the importance of the witness, said witness's

age, occupation, physical condition and other circumstances and the gravity of

the factual background, summon a witness for examination to a place outside

of the court or examine said person at said person's present location.

(2) In the case prescribed in the preceding paragraph, the court must give the

public prosecutor, the accused and the defense counsel an opportunity to know

in advance of the particulars to be examined.

(3) The public prosecutor and the accused or the defense counsel may request the

court to examine other necessary particulars in addition to the particulars for

examination prescribed in the preceding paragraph.

Article 159 (1) The court must, when the public prosecutor, the accused or the

defense counsel was absent from the examination prescribed in the preceding

Article, give said person an opportunity to know of the details of the testimony

of the witness.

(2) When the testimony of the witness prescribed in the preceding paragraph is

unexpected and extremely disadvantageous to the accused, the accused or the

defense counsel may request the court to examine other necessary additional

particulars.

(3) If the request prescribed in the preceding paragraph is deemed to be without

good reason, the court may dismiss said request.

Article 160 (1) When a witness refuses to swear an oath or testify without a

justifiable reason, the court may punish said person by making a ruling for a

non-criminal fine of not more than 100,000 yen and order said person to

compensate for the expenses incurred due to said refusal.

(2) An immediate appeal against the ruling prescribed in the preceding

paragraph may be filed.

40

Article 161 Any person who refuses to swear an oath or testify without a

justifiable reason is punished by imprisonment for not more than a year or a

fine of not more than 300,000 yen.

Article 162 The court may, when it is necessary, order the witness to be

accompanied to a designated place by making a ruling. If said witness disobeys

the order without a justifiable reason, the court may subpoena said witness.

Article 163 (1) When a witness is to be examined outside the court, the court

may commission a judge of a panel to examine said witness, or delegate

questioning to a judge of the district court, family court or summary court of

the present location of said witness.

(2) A delegated judge may re-delegate a judge of another district court, family

court or summary court who has the competence to be delegated to.

(3) A delegated judge may, when lacking the competence to handle delegated

particulars, transfer them to a judge of another district court, family court or

summary court who has the competence to be delegated to.

(4) A commissioned or delegated judge may, with respect to examination of a

witness, take the measures belonging to a court or a presiding judge; provided

however, that the court also may render the rulings prescribed in Articles 150

and 160.

(5) The proceedings provided in Article 158, paragraphs (2) and (3) and Article

159 must, notwithstanding the provisions of the preceding paragraph, be

exercised by the court.

Article 164 (1) A witness may request travel expenses, a daily allowance and

accommodation fees; provided however, that this does not apply when said

witness refuses to swear an oath or testify without a justifiable reason.

(2) If a witness has received payment of travel expenses, a daily allowance or

accommodation fees in advance, but does not appear in court or refuses to

swear an oath or testify without a justifiable reason, said witness must return

all received expenses.

Chapter XII Expert Evidence

Article 165 The court may order expert examination from a person with relevant

knowledge and experience.

Article 166 The court must have expert witnesses swear an oath.

41

Article 167 (1) When it is necessary to have an expert witness examine the

mental or physical condition of the accused, the court may detain the accused

at a hospital or any other appropriate place, and determine a time period for

the detaining.

(2) The detention in the preceding paragraph must not be executed without a

detention warrant for expert examination.

(3) When it is necessary for the detention prescribed in paragraph (1) of this

Article, the court may, upon a proposal from the custodian of the hospital or

other place accommodating the accused or ex officio, order a judicial police

official to guard the accused.

(4) The court may, when it is necessary, extend or shorten a period of detention.

(5) The provisions pertaining to detention apply mutatis mutandis to the

detention for expert examination prescribed in paragraph (1) of this Article

except as otherwise provided in this Code; provided however, that the

provisions pertaining to bail do not apply.

(6) The detention prescribed in paragraph (1) of this Article is deemed as

detention with regard to the inclusion of the number of pre-sentencing

detention days.

Article 167-2 (1) When a detention warrant for expert examination is executed

against an accused under detention, the execution of detention is deemed to be

suspended while said accused is under detention for expert examination.

(2) In the case of the preceding paragraph, when the disposition prescribed in

paragraph (1) of the preceding Article has been rescinded or the period of

detention has expired, the provisions of Article 98 apply mutatis mutandis.

Article 168 (1) Expert witnesses may, upon the permission of the court and when

it is necessary for expert examination, enter a person's residence, or premises,

building or vessel guarded by a person, or conduct inspections and

examinations of persons, perform autopsies, excavate graves or break objects.

(2) The court must, when it gives permission as prescribed in the preceding

paragraph, issue a written permit which contains the name of the accused, the

crime, and the place to be entered, the body to be inspected and examined, the

corpse to be autopsied, the grave to be excavated, the object to be destroyed

and the name of the expert witness and other particulars provided for by the

Rules of Court.

(3) The court may add appropriate conditions to inspections and examinations of

persons.

(4) Expert witnesses must show a written permit to the relevant persons subject

to the measures prescribed in paragraph (1) of this Article.

(5) The provisions of the preceding three paragraphs do not apply to the

42

measures prescribed in paragraph (1) of this Article taken by an expert witness

in a public court.

(6) The provisions of Articles 131, 137, 138 and 140 apply mutatis mutandis to

inspections and examinations of persons by an expert witness in accordance

with the provisions of paragraph (1) of this Article.

Article 169 The court may have a judge of a panel take necessary dispositions for

expert examination; provided however, that this does not apply to the

disposition provided for in Article 167, paragraph (1).

Article 170 A public prosecutor or defense counsel may attend expert

examination. In this case, the provisions of Article 157, paragraph (2) apply

mutatis mutandis.

Article 171 The provisions of the preceding Chapter, except those pertaining to a

subpoena, apply mutatis mutandis to expert examination.

Article 172 (1) When a person who is to undergo an inspection and examination

of a person refuses to be inspected and examined by an expert witness

prescribed in Article 168, paragraph (1), said expert witness may request a

judge to conduct said inspection and examination of the person.

(2) The judge who is requested as prescribed in the preceding paragraph may

inspect and examine a person in accordance with the provisions of Chapter X.

Article 173 (1) Expert witnesses may request expert examination fees in

addition to travel expenses, a daily allowance and accommodation fees, and

receive payment or reimbursement of the expenses necessary for said expert

examination.

(2) If an expert witness receives the payment of expenses necessary for expert

examination in advance but does not appear in court or refuses to swear an

oath or perform said examination without a justifiable reason, said expert

witness must return said received expenses.

Article 174 With regard to examinations pertaining to past facts which have

come to be known through special knowledge, the provisions of the preceding

Chapter apply instead of the provisions of this Chapter.

Chapter XIII Interpretation and Translation

Article 175 If the court has a person who is not proficient in Japanese make a

statement, it must have an interpreter interpret said statement.

43

Article 176 If the court has a person who is unable to hear or speak make a

statement, it may have an interpreter interpret said statement.

Article 177 The court may have letters or marks written in languages other than

Japanese translated.

Article 178 The provisions of the preceding Chapter apply mutatis mutandis to

interpretation and translation.

Chapter XIV Preservation of Evidence

Article 179 (1) The accused, suspect, or the defense counsel may request of a

judge a disposition on a seizure, search, inspection, witness examination or

expert examination, only before the first trial date, and when there are

circumstances which suggest that it will be difficult to use the evidence unless

it is preserved in advance.

(2) The judge who has been so requested as prescribed in the preceding

paragraph has the same authority as that of a court or a presiding judge with

regard to a disposition.

Article 180 (1) The public prosecutor and the defense counsel may inspect and

copy the documents and articles of evidence pertaining to the dispositions

prescribed in paragraph (1) of the preceding Article in court; provided however,

that defense counsel must receive permission from the judge to copy the

articles of evidence.

(2) Notwithstanding the provisions of the preceding paragraph, the recording

medium provided in Article 157-6, paragraph (4) may not be copied.

(3) The accused or suspect may inspect the documents and articles of evidence

prescribed in the paragraph (1) in court with the permission of the judge;

provided however, that this does not apply when defense counsel is assigned to

the accused or suspect.

Chapter XV Court Costs

Article 181 (1) When the court renders a sentence, it must have the accused bear

all or part of court costs; provided however, that this does not apply when it is

clear that the accused cannot afford court costs because of indigence.

(2) The court may, even if it does not render a sentence, have the accused bear

costs which have arisen from a cause imputable to the accused.

(3) When only a public prosecutor has filed an appeal and the appeal has been

44

dismissed or withdrawn, the court may not have the accused bear court costs in

the appellate procedure; provided however, that this does not apply to costs

which have arisen from a cause imputable to the accused.

(4) If prosecution has not been instituted, the court may have the suspect bear

costs which have arisen from a cause imputable to the suspect.

Article 182 The court may have the court costs of co-defendants be borne by said

co-defendants jointly and severally.

Article 183 (1) If the accused has been acquitted or barred further prosecution in

cases where prosecution arose from a criminal complaint, accusation or claim,

and if there was intent or gross negligence on the part of the person filing the

criminal complaint, accusation or claim, the court may have the person who

filed said claim bear court costs.

(2) The same applies as in the preceding paragraph if prosecution was not

instituted with regard to cases where there was a criminal complaint,

accusation or claim, and if there was also intent or gross negligence on the part

of the person filing the criminal complaint, accusation or claim.

Article 184 When a person other than a public prosecutor withdraws a claim for

an appeal, retrial or a formal trial, the court may have said person bear costs

of the appeal, retrial or claim for a formal trial.

Article 185 When court proceedings are concluded by a judgment and court costs

are to be borne by the accused, the court must make the judgment ex officio. An

appeal against this judgment may only be made in the case of an appeal

against a judgment of merit.

Article 186 When court proceedings are concluded by a judgment and court costs

are to be borne by a person other than the accused, the court must make a

ruling ex officio and separately. An immediate appeal against this ruling may

be filed.

Article 187 When court proceedings are concluded without a judgment and court

costs are to be borne, a ruling must be made ex officio by the court where the

case was last pending. An immediate appeal against this ruling may be filed.

Article 187-2 When prosecution is not instituted and court costs are to be borne,

the court makes a ruling on such matter upon the request of a public

prosecutor. An immediate appeal against this ruling may be filed.

45

Article 188 If the court does not indicate the amount of the costs in the judgment

ordering the bearing of court costs, the public prosecutor who is to direct

execution of the judgment calculates said costs.

Chapter XVI Compensation of Costs

Article 188-2 (1) When an acquittal becomes final and binding, the State

compensates the person who was the accused in the case for the expenses

which were needed for the trial; provided however, that the State may not be

required to compensate expenses which arose from a cause imputable to the

person who was the accused.

(2) When it is deemed that the person who was the accused made a false

confession or fabricated other evidence of guilt for the purpose of misleading

the investigation or the trial, which subsequently led to prosecution being

instituted against said person, the State may not be required to compensate all

or part of the expenses prescribed in the preceding paragraph.

(3) When compensation in accordance with the provisions of Article 188-5,

paragraph (1) is requested, the State does not compensate the expenses that

will be compensated by the provisions of Article 188-4 as prescribed in

paragraph (1) of this Article.

Article 188-3 (1) The compensation prescribed in the preceding paragraph is

made by a ruling of the court which rendered the acquittal, upon the request of

the person who was the accused.

(2) The request prescribed in the preceding paragraph must be made within six

months after the acquittal becomes final and binding.

(3) An immediate appeal against a ruling on compensation may be filed.

Article 188-4 When only a public prosecutor has filed an appeal and the appeal

has been dismissed or withdrawn and the original judgment becomes final and

binding, except when an acquittal becomes final and binding by a dismissal or

withdrawal, the State compensates the accused or the person who was the

accused in the case for the expenses caused by the appeal in the court of

instance; provided however, that the State may not be required to compensate

the accused or the person who was the accused for expenses which have arisen

from a cause imputable to said person.

Article 188-5 (1) The compensation prescribed in the preceding Article is made

by a ruling of the Supreme Court or of the high court as the appellate court of

that case, upon the request of the accused or the person who was the accused.

(2) The request prescribed in the preceding paragraph must be made within two

46

months after the original judgment becomes final and binding.

(3) The objection prescribed in Article 428, paragraph (2) may be filed against the

ruling of compensation made by the high court. The provisions pertaining to an

immediate appeal against rulings also apply mutatis mutandis to this case.

Article 188-6 (1) The scope of the expenses to be compensated as prescribed in

Article 188-2, paragraph (1) or Article 188-4 is limited to travel expenses, daily

allowances and accommodation fees which were necessary for the accused or

the person who was the accused or the person who was formerly the defense

counsel to appear for trial preparation or the trial date and remuneration for

the person who was the defense counsel, and with regard to said amounts, the

provisions in the Act on Criminal Court Costs which pertain to a witness apply

mutatis mutandis to the accused or the person who was the accused, and the

provisions which pertain to the defense counsel apply mutatis mutandis to the

person who was the defense counsel.

(2) When two or more defense counsels have appeared for the trial preparation or

trial date, the court may, taking into account the nature of the case, the

proceedings of the trial and other circumstances, limit the travel expenses,

daily allowance and accommodation fees to be paid to the person who was the

defense counsel as prescribed in the preceding paragraph, to expenses paid to

the chief defense counsel and some of the other defense counsel.

Article 188-7 Requests and other procedures concerning compensation, the

correlation between compensation and compensation for damages provided for

by other acts, the assignment or the civil seizure of the obligation-right of

compensation; and compensation towards the heirs of the accused or the person

who was the accused are governed by Article 1 of the Criminal Compensation

Act (Act No. l, 1950), except as otherwise provided by this Code.

Part II First Instance

Chapter I Inquiry and Investigation

Article 189 (1) A police official performs its duties as a judicial police official

pursuant to the provisions of other acts, or pursuant to the regulations of the

National Public Safety Commission or Prefectural Public Safety Commission.

(2) A judicial police official is to, when said judicial police official deems that an

offense has been committed, investigate the offender and evidence thereof.

Article 190 Those who are to carry out the duties of a judicial police official with

regard to forestry, railways or other special particulars, and the scope of their

functions are provided by other acts.

47

Article 191 (1) A public prosecutor may, if said prosecutor deems it necessary,

personally investigate an offense.

(2) A public prosecutor's assistant officer must investigate an offense under the

orders of a public prosecutor.

Article 192 There must be mutual cooperation and coordination on the part of

public prosecutors and the Prefectural Public Safety Commission and judicial

police officials regarding an investigation.

Article 193 (1) A public prosecutor may, within said prosecutor's jurisdiction,

give necessary general instructions to judicial police officials regarding their

investigation. Such instructions are to be given by setting forth general

standards for a fair investigation and other particulars necessary for

prosecuting.

(2) A public prosecutor may, within said prosecutor's jurisdiction, also issue to

judicial police officials general orders necessary for them to cooperate in

investigations.

(3) A public prosecutor may, when the prosecutor personally investigates an

offense, if it is necessary, issue orders to judicial police officials and have them

assist in the investigation.

(4) In the case of the preceding three paragraphs, judicial police officials must

follow the instructions and orders of the public prosecutor.

Article 194 (1) The Prosecutor-General, Superintending Prosecutor of the High

Public Prosecutors Office or Chief of the District Public Prosecutors Office may,

if deeming it necessary when judicial police officials fail to follow the

instructions and orders of public prosecutors without a justifiable reason, file

charges for disciplinary action against them or for their removal, either with

the National Public Safety Commission or Prefectural Public Safety

Commission in the case of judicial police officials who are police officials, or

with the person who has the authority of disciplinary action or removal where

they are judicial police officials other than police officials.

(2) The National Public Safety Commission, the Prefectural Public Safety

Commission, or the person who has the authority to file disciplinary action or

remove judicial police officials other than police officials must, when it deems

the charges given in the preceding paragraph to be well-founded, take

disciplinary action against the persons charged or remove them, as prescribed

by other acts.

Article 195 A public prosecutor and a public prosecutor's assistant officer may,

48

when it is necessary for the investigation, execute their duties outside their

jurisdiction.

Article 196 A public prosecutor, public prosecutor's assistant officer, judicial

police official, defense counsel and any other persons whose duties are related

to the investigation are required to take due care not to harm the reputation of

the suspect or other persons, and due care not to interfere with administration

of the investigation.

Article 197 (1) With regard to investigations, examination necessary to achieve

the objective of said investigation may be conducted; provided however, that

compulsory dispositions may not be applied unless special provisions have been

established in this Code.

(2) Public offices or public or private organizations may be asked to make a

report on necessary particulars relating to the investigation.

(3) When a public prosecutor, a public prosecutor's assistant officer or a judicial

police officer finds it necessary to execute a seizure or seize records created

under a record copying order, said person may specify the necessary electronic

or magnetic records out of the electronic or magnetic records pertaining to the

transmission source, the transmission destination, the date and time of the

transmission and other transmission history of electronic communications

which are recorded in the course of business, may determine a time period not

exceeding 30 days, and may request in writing a person engaged in the

business of providing facilities for conducting electronic communications for

use in the communications of other persons or a person establishing facilities

for conducting electronic communications capable of acting as an intermediary

for the transmissions of many, unspecified persons for the purpose of said

person's own business not to erase said history. In this case, if it is deemed no

longer necessary to execute the seizure or seize records created under a record

copying order with regard to said electronic or magnetic records, said person

must revoke such request.

(4) The time period of which the request that the history not be erased pursuant

to the provisions of the preceding paragraph applies may be extended within

limits not exceeding 30 days when it is particularly necessary; provided

however, that the total time period of which the request that the history not be

erased applies may not exceed 60 days.

(5) When a request pursuant to the provisions of paragraph (2) or paragraph (3)

is to be made, if it is necessary, a request may be made that the particulars

relating to such request not be divulged without reason.

Article 198 (1) A public prosecutor, public prosecutor's assistant officer or

49

judicial police official may ask any suspect to appear in their offices and

interrogate said person when it is necessary for the investigation of a crime;

provided however, that the suspect may, except in cases where said person is

under arrest or under detention, refuse to appear or after said person has

appeared, may withdraw at any time.

(2) In the case of the interrogation set forth in the preceding paragraph, the

suspect must be notified in advance that said person is not required to make a

statement against said person's will.

(3) The statement of the suspect may be recorded as a written statement.

(4) The written statement set forth in the preceding paragraph must be inspected

by the suspect or read to said person for verification, and if said person makes

a motion for any addition, removal or alteration, said person's remarks must be

entered in the written statement.

(5) If the suspect affirms that the contents of the written statement are correct,

said suspect may be asked to attach a signature and seal to it; provided

however, that this does not apply when the suspect refuses to do so.

Article 199 (1) When there exists sufficient probable cause to suspect that an

offense has been committed by a suspect, a public prosecutor, public

prosecutor's assistant officer or judicial police official may arrest said person

upon an arrest warrant being issued in advance by a judge; provided however,

that with regard to offenses punishable with a fine of not more than 300,000

yen (20,000 yen for the time being for offenses other than those under the

Penal Code, the Act on Punishment of Physical Violence and Others and the

Act on Penal Provisions related to Economic Activities), penal detention or a

petty fine, the suspect may only be arrested if the suspect has no fixed dwelling

or if said suspect fails, without a justifiable reason, to make the appearance

provided for in the preceding Article.

(2) If a judge deems that there exists sufficient probable cause to suspect that the

suspect has committed an offense, said judge issues the arrest warrant set

forth in the preceding paragraph, upon the request of a public prosecutor or a

judicial police officer (in the case of a judicial police officer who is a police

official, only a person designated by the National Public Safety Commission or

the Prefectural Public Safety Commission and who ranks as equal to or above

chief inspector; the same applies hereinafter in this Article); provided however,

that this does not apply if the judge deems that it is clearly not necessary to

arrest the suspect.

(3) When asking for the arrest warrant set forth in paragraph (1), a public

prosecutor or judicial police officer must inform the court of all requests or

issuances of arrest warrants, if any, that have previously been made against

the same suspect for the same offense.

50

Article 200 (1) Arrest warrants must contain the name and residence of the

suspect, the charged offense, an outline of the alleged facts of the crime, the

public office or other place where the suspect is to be brought, the period of

validity and a statement that after expiry of the period of validity the arrest

warrant may not be executed but must be returned, the date of issue, and other

particulars as prescribed in the Rules of Court; and the judge must affix their

name and seal to it.

(2) The provisions of Article 64, paragraphs (2) and (3) apply mutatis mutandis to

the arrest warrant.

Article 201 (1) If a suspect is arrested through an arrest warrant, the arrest

warrant must be shown to the suspect.

(2) The provisions of Article 73, paragraph (3) apply mutatis mutandis to cases

where the suspect is arrested through an arrest warrant.

Article 202 If a public prosecutor's assistant officer or a judicial police constable

has arrested a suspect through an arrest warrant, the former must

immediately bring the suspect to a public prosecutor and the latter to a judicial

police officer.

Article 203 (1) When a judicial police officer has arrested a suspect through an

arrest warrant or has received a suspect who was arrested through an arrest

warrant, said officer must immediately inform the suspect of the outline of the

suspected crime and the fact that the suspect may appoint a defense counsel

and then, giving the suspect an opportunity for explanation, said officer must

immediately release the suspect when believing that it is not necessary to

detain the suspect, or must carry out the procedure of referring the suspect

together with the documents and articles of evidence to a public prosecutor

within 48 hours of the suspect being placed under physical restraint when

believing that it is necessary to detain the suspect.

(2) In the case of the preceding paragraph, if the judicial police officer asks the

suspect whether or not the suspect has defense counsel, and if the suspect has

defense counsel, said officer is not required to inform the suspect of the fact

that the suspect may appoint a defense counsel.

(3) When informing a suspect that the suspect is entitled to appoint a defense

counsel pursuant to the provisions of paragraph (1), the judicial police officer

must inform the suspect that a suspect may make a request for appointment of

a defense counsel specifying an attorney, a legal professional corporation or a

bar association, and of the person to which the request must be made.

(4) When informing a suspect that the suspect is entitled to appoint a defense

51

counsel pursuant to the provisions of paragraph (1), the judicial police officer

must inform the suspect that, if a request for further detention of the suspect

is made and the suspect is unable to personally appoint a defense counsel due

to indigence or any other grounds, the suspect may request a judge to appoint a

defense counsel; that when requesting the judge to appoint the defense counsel,

the suspect must submit a report on personal financial resources; and that

when the suspect's financial resources are equal to or above the base amount,

the suspect must have first requested a bar association (meaning the bar

association to which the request under Article 31-2, paragraph (1) is to be

made pursuant to the provisions of Article 37-3, paragraph (2)) to appoint the

defense counsel.

(5) When a suspect is not referred within the time limit under paragraph (1), the

suspect must be immediately released.

Article 204 (1) When a public prosecutor has arrested a suspect through an

arrest warrant or has received a suspect who was arrested upon an arrest

warrant (excluding such suspect as is referred in accordance with the

preceding Article), prosecutor must immediately inform the suspect of the

outline of the suspected crime and the fact that the suspect may appoint

defense counsel and then, giving the suspect an opportunity for explanation,

said prosecutor must immediately release the suspect when believing that it is

not necessary to detain the suspect, or must request a judge to detain the

suspect within 48 hours of the suspect being placed under physical restraint

when believing that it is necessary to detain the suspect; provided however,

that if the public prosecutor has instituted prosecution during the time

(2) When informing a suspect that the suspect is entitled to appoint a defense

counsel pursuant to the provisions of the preceding paragraph, the public

prosecutor must inform the suspect that a suspect may make a request for

appointment of a defense counsel specifying an attorney, a legal professional

corporation or a bar association, and of the person to which the request must

be made.

(3) When informing a suspect that the suspect is entitled to appoint a defense

counsel pursuant to the provisions of paragraph (1), the public prosecutor must

inform the suspect that, if a request for further detention of the suspect is

made and the suspect is unable to personally appoint a defense counsel due to

indigence or any other grounds, the suspect may request a judge to appoint a

defense counsel; that when requesting the judge to appoint the defense counsel,

the suspect must submit a report on personal financial resources; and that

when the suspect's financial resources are equal to or above the base amount,

the suspect must have first requested a bar association (meaning the bar

association to which the request under Article 31-2, paragraph (1) is to be

52

made pursuant to the provisions of Article 37-3, paragraph (2)) to appoint the

defense counsel.

(4) If a public prosecutor does not request detention or institute prosecution

within the time limit under paragraph (1), the public prosecutor must

immediately release a suspect.

(5) The provisions of paragraph (2) of the preceding Article apply mutatis

mutandis to the case of paragraph (1).

Article 205 (1) When a public prosecutor receives a suspect referred pursuant to

the provisions of Article 203, the public prosecutor must give the suspect an

opportunity for explanation, and immediately release the suspect when

considering that it is unnecessary to detain that suspect, or request a judge to

detain the suspect within 24 hours from the receipt of the suspect when

considering that it is necessary to detain that suspect.

(2) The time limit under the preceding paragraph may not exceed 72 hours from

the time the suspect is placed under physical restraint.

(3) When a public prosecutor institutes prosecution within the time limit under

the preceding two paragraphs, the public prosecutor is not required to make a

request for detention.

(4) When a public prosecutor does not make a request for detention or institute

prosecution within the time limit under paragraph (1) or (2), the public

prosecutor must immediately release a suspect.

Article 206 (1) When unavoidable circumstances prevent a public prosecutor or a

judicial police officer from complying with the time limitations set forth in the

preceding three Articles, a public prosecutor may, showing prima facie

evidence, request a judge to detain the suspect.

(2) The judge who has been requested as provided in the preceding paragraph

may not issue a detention warrant, unless said judge deems the delay is

justifiable and based upon unavoidable circumstances.

Article 207 (1) The judge who has been requested for detention pursuant to the

provisions of the preceding three Articles has the same authority as a court or

a presiding judge regarding the disposition thereof; provided however, that this

does not apply to bail.

(2) When informing a suspect whose detention has been requested of the alleged

facts of the crime, the judge referred to in the preceding paragraph must notify

the suspect that a suspect is entitled to appoint a defense counsel, and that

when unable to personally appoint a defense counsel due to indigence or any

other grounds, the suspect is entitled to request the court to appoint a defense

counsel; provided, however, that this does not apply if a defense counsel has

53

been appointed for the suspect.

(3) When informing a suspect that the suspect is entitled to appoint a defense

counsel pursuant to the provisions of the preceding paragraph, the judge must

inform the suspect that the suspect may make a request for appointment of a

defense counsel specifying an attorney, a legal professional corporation or a bar

association, and of the person to which the request must be made.

(4) When informing a suspect that the suspect is entitled to appoint a defense

counsel pursuant to the provisions of paragraph (2), the judge must inform the

suspect that the suspect must submit a report on personal financial resources

when making a request for appointment of a defense counsel, and that when

the suspect's financial resources are equal to or above the base amount, the

suspect must have first requested a bar association (meaning the bar

association to which the request under Article 31-2, paragraph (1) is to be

made pursuant to the provisions of Article 37-3, paragraph (2)) to appoint the

defense counsel.

(5) When a judge receives a request for detention under paragraph (1), the judge

must promptly issue a detention warrant; provided, however, that when the

judge finds that there are no grounds for detention or when it is unable to issue

a detention warrant pursuant to the provisions of paragraph (2) of the

preceding Article, the judge must immediately order the release of a suspect

without issuing a detention warrant.

Article 208 (1) When a public prosecutor has not instituted prosecution against a

suspect regarding a case in which the suspect was detained pursuant to the

provisions of the preceding Article within ten days of the request for detention,

said prosecutor must immediately release the suspect.

(2) When a judge deems unavoidable circumstances to exist, said judge may

extend the time period set forth in the preceding paragraph upon the request of

a public prosecutor. The total period of such extensions must not exceed ten

days.

Article 208-2 A judge may, upon the request of a public prosecutor, further

extend the period extended pursuant to the provisions of paragraph (2) of the

preceding Article with regard to cases involving crimes provided for in Part II,

Chapters II to IV or VIII of the Penal Code. The total time period of such

extensions must not exceed five days.

Article 209 The provisions of Articles 74, 75 and 78 apply mutatis mutandis to

an arrest upon an arrest warrant.

Article 210 (1) When there are sufficient grounds to suspect the committing of

54

an offense punishable by the death penalty, life imprisonment, life

imprisonment without work, or imprisonment or imprisonment without work

whose maximum term is three years or more, and in addition, because of

urgency an arrest warrant from a judge cannot be obtained, public prosecutors,

public prosecutor's assistant officers or judicial police officials may arrest the

suspect after notifying the suspect of the reasons therefor. In this case, the

procedures for obtaining an arrest warrant from a judge must be taken

immediately. Where an arrest warrant is not issued, the suspect must be

released immediately.

(2) The provisions of Article 200 apply mutatis mutandis to the arrest warrant

set forth in the preceding paragraph.

Article 211 When a suspect has been arrested pursuant to the provisions of the

preceding Article, the provisions for cases where the suspect is arrested

pursuant to the provisions of Article 199 apply mutatis mutandis.

Article 212 (1) A person who is caught in the act of committing or is caught

having just committed an offense is an offender caught in the act.

(2) Where any person who falls under one of the following items is clearly found

to have committed an offense a short time beforehand, said person is deemed

as an offender caught in the act:

(i) a person being engaged in fresh pursuit;

(ii) a person carrying property obtained through a property crime, or carrying a

dangerous weapon or other things which are believed to have been used in

the commission of a criminal act;

(iii) a person with visible traces of the offense on said person's body or clothing;

(iv) A person who attempts to run away when challenged.

Article 213 Any person may arrest an offender caught in the act without an

arrest warrant.

Article 214 When any person other than public prosecutors, public prosecutor's

assistant officers or judicial police officials has arrested an offender caught in

the act, the arrester must immediately deliver said person to a public

prosecutor of a district or local public prosecutor's office or to a judicial police

official.

Article 215 (1) If a judicial police constable has received an offender caught in

the act, the judicial police constable must promptly bring said person to a

judicial police officer.

(2) If a judicial police constable has received an offender caught in the act, said

55

constable must ascertain the name and residence of the arrester and the

reason for the arrest. When it is necessary, said constable may require the

arrester to accompany said constable to a public agency.

Article 216 The provisions with regard to a case where a suspect has been

arrested pursuant to the provisions of Article 199 apply mutatis mutandis to a

case where an offender caught in the act has been arrested.

Article 217 The provisions of Articles 213 to 216 apply only when the residence

or name of the offender is unknown or when the offender poses a risk of flight

with regard to an offender caught in the act punishable with a fine of not more

than 300,000 yen (20,000 yen, for the time being for offenses other than those

under the Penal Code, the Act on Punishment of Physical Violence and Others

and the Act on Penal Provisions related to Economic Activities), penal

detention or a petty fine.

Article 218 (1) Public prosecutors, public prosecutor's assistant officers or

judicial police officials may, when it is necessary for the investigation of an

offense, conduct a search, seizure, seizure of records created under a record

copying order, or inspection upon a warrant issued by a judge. In this case, the

inspection and examination of a person must be conducted upon a warrant for

physical examination.

(2) Where the article to be seized is a computer, and with regard to a recording

medium connected via telecommunication lines to such computer, it may be

reasonably supposed that such recording medium was used to retain electronic

or magnetic records, which have been made or altered using such computer or

electronic or magnetic records which may be altered or erased using such

computer, the computer or other recording medium may be seized after such

electronic or magnetic records have been copied onto such computer or other

recording medium.

(3) When a suspect is placed under physical restraint, said suspect's fingerprints

or a print of their feet may be taken, said suspect's height or weight may be

measured and photographs of said suspect may be taken without the warrant

set forth in the paragraph (1), only when said suspect is not stripped naked.

(4) The warrant set forth in paragraph (1) is issued upon the request of a public

prosecutor, a public prosecutor's assistant officer or a judicial police officer.

(5) When a public prosecutor, a public prosecutor's assistant officer or a judicial

police officer requests a warrant for an inspection and examination of a person,

said public prosecutor, public prosecutor's assistant officer or judicial police

officer must indicate the reason for the necessity of the inspection and

examination, the sex and physical condition of the person to be inspected and

56

examined and other particulars as provided in the Rules of Court.

(6) A judge may provide conditions that said judge deems appropriate for the

inspection and examination of a person.

Article 219 (1) The warrant set forth in the preceding Article must contain the

name of the suspect or accused, the charged offense, the articles to be seized,

the electronic or magnetic records to be recorded or to be printed out, the

person who is to record them or print them out, or the place, body or articles to

be searched, the place or articles to be inspected, or the person to be inspected

and examined and conditions regarding the inspection and examination of a

person, the period of validity, a statement to the effect that the search, seizure,

seizure of records created under a record copying order, or inspection of

evidence may not be commenced in any way after the lapse of such period and

that in this case the warrant must be returned to the court, the date of issue,

and other particulars as prescribed in the Rules of Court; and the judge must

affix said judge's name and seal to it.

(2) In cases of paragraph (2) of the preceding Article, in addition to the

particulars prescribed in the preceding paragraph, the warrant set forth in the

preceding Article must contain the scope to be copied out of the electronic or

magnetic records with regard to the recording medium connected via

telecommunication lines to the computer which is to be seized.

(3) The provisions of Article 64, paragraph (2) apply mutatis mutandis to the

warrant set forth in the preceding Article.

Article 220 (1) When public prosecutors, public prosecutor's assistant officers or

judicial police officials arrests a suspect pursuant to the provisions of Article

199 or arrests an offender caught in the act, said person may, when it is

necessary, take the following measures. The same applies, when it is necessary,

to cases where the suspect is arrested pursuant to the provisions of Article 210:

(i) entry into the residence of another person, or the premises, buildings or

vessels guarded by another person to search for a suspect;

(ii) search, seizure or inspection on the spot at the arrest of a suspect.

(2) The seized materials must be returned immediately when an arrest warrant

is not obtained in the case set forth in the second sentence of the preceding

paragraph. The provisions of Article 123, paragraph (3) apply mutatis

mutandis in this case.

(3) For the measures set forth in paragraph (1), a warrant need not be obtained.

(4) The provisions of paragraph (1), item (ii) and the preceding paragraph apply

mutatis mutandis to cases where a public prosecutor's assistant officer or a

judicial police official executes a subpoena or detention warrant. The

provisions of paragraph (1), item (i) also apply mutatis mutandis to cases

57

where the subpoena or detention warrant issued against a suspect is executed.

Article 221 Public prosecutors, public prosecutor's assistant officers or judicial

police officials may retain articles which have been left behind by a suspect or

other persons, or those which have been voluntarily produced by their owner,

possessor or custodian.

Article 222 (1) The provisions of Article 99, paragraph (1), Article 100, Articles

102 through 105, Articles 110 through 112, Article 114, Article 115 and

Articles 118 through 124 apply mutatis mutandis to a search and seizure

conducted by a public prosecutor, public prosecutor's assistant officer or a

judicial police official pursuant to the provisions of Article 218, Article 220 and

the preceding Article, and the provisions of Article 110, Article 111-2, Article

112, Article 114, Article 118, Article 129, Article 131 and Articles 137 through

140 apply mutatis mutandis to the inspection conducted by a public prosecutor,

public prosecutor's assistant officer or a judicial police official pursuant to the

provisions of Article 218 or Article 220; provided however, that the dispositions

prescribed in Articles 122 through 124 may not be executed by a judicial

constable.

(2) Where searching the suspect pursuant to the provisions of Article 220

requires urgency, the provisions of Article 114, paragraph (2) does not require

compliance.

(3) The provisions of Article 116 and Article 117 apply mutatis mutandis to

searches, seizures or seizures of records created under a record copying order

conducted by a public prosecutor, public prosecutor's assistant officer or a

judicial police official pursuant to the provisions of Article 218.

(4) Public prosecutors, public prosecutor's assistant officers or judicial police

officials may not enter, before sunrise or after sunset, the residence of a person,

or premises, buildings or vessel guarded by a person for the purpose of

inspection pursuant to the provisions of Article 218, unless the warrant

contains a written statement that inspection during the night is permitted;

provided however, that this does not apply to the places prescribed in Article

117.

(5) When an inspection starts before sunset, it may continue even after sunset.

(6) Public prosecutors, public prosecutor's assistant officers or judicial police

officials may, when it is necessary to conduct a search, seizure or inspection

pursuant to the provisions of Article 218, have the suspect attend it.

(7) When any person who refuses an inspection and examination of a person is to

be imposed a non-criminal fine or to be ordered to compensate for expenses in

accordance with the provisions of paragraph (1), the request for such

dispositions must be made to the court.

58

Article 222-2 Compulsory measures for the interception of electronic

communications without the consent of either party are to be executed based

upon other acts.

Article 223 (1) Public prosecutors, public prosecutor's assistant officers or

judicial police officials may ask any person other than a suspect to appear in

their office, interrogate said person or request said person to be examined,

translate or interpret if it is necessary for the investigation of a crime.

(2) The proviso of Article 198, paragraph (1) and the provisions of paragraphs (3)

to (5) of the same Article apply mutatis mutandis to the case set forth in the

preceding paragraph.

Article 224 (1) When the measures prescribed in Article 167, paragraph (1) are

necessary in cases where a request is made for an expert examination pursuant

to the provisions of paragraph (1) of the preceding Article, public prosecutors,

public prosecutor's assistant officers or judicial police officers must request a

judge for the measures mentioned above.

(2) When the judge finds the request set forth in the preceding paragraph

reasonable, said judge must carry out the measures as in the case of Article

167. In this case, the provisions of Article 167-2 apply mutatis mutandis.

Article 225 (1) A person who has been requested for an expert examination

pursuant to the provisions of Article 223, paragraph (1) may carry out the

measures prescribed in Article 168, paragraph (1) with the permission of the

judge.

(2) The request for the permission set forth in the preceding paragraph must be

made by a public prosecutor, a public prosecutor's assistant officer or a judicial

police officer.

(3) Where a judge finds the request set forth in the preceding paragraph

reasonable, said judge must issue a permit.

(4) The provisions of Article 168, paragraphs (2) to (4) and (6) apply mutatis

mutandis to the permit set forth in the preceding paragraph.

Article 226 Where a person who apparently possesses information essential to

the investigation of a crime refuses to appear or make a statement voluntarily

at the interrogation pursuant to the provisions of Article 223, paragraph (1), a

public prosecutor may, only before the first trial date, request a judge to

examine said person as a witness.

Article 227 (1) When a person who has made a voluntary statement to a public

59

prosecutor, a public prosecutor's assistant officer or a judicial police official

pursuant to the provisions of Article 223, paragraph (1) is likely to make a

statement on the trial date that differs from the previous statement, and the

statement of the person is deemed essential in proving a fact constituting the

crime, the public prosecutor may, only before the first trial date, request the

judge to examine said person as a witness.

(2) When making the request set forth in the preceding paragraph, a public

prosecutor must show prima facie evidence of the reasons for the necessity of

such examination and that such examination is essential in proving a fact

constituting the crime.

Article 228 (1) A judge who receives the request set forth in the preceding two

Articles has the same authority as a court or a presiding judge.

(2) The judge may, if said judge deems there is no fear of interference with the

criminal investigation, have the accused, the suspect or the defense counsel be

present at the examination set forth in the preceding paragraph.

Article 229 (1) If a person dies an unnatural death or the body of a person who is

suspected to have died an unnatural death has been found, a public prosecutor

of a district or local public prosecutor's office, which has jurisdiction over the

place where the body was found, must perform a coroner's inspection.

(2) A public prosecutor may have a public prosecutor's assistant officer or a

judicial police officer execute the disposition set forth in the preceding

paragraph.

Article 230 A person who has been injured by an offense may file a criminal

complaint.

Article 231 (1) A statutory representative of a victim may file a criminal

complaint independently.

(2) When a victim has died, said victim's spouse, a lineal relative, sibling may file

a criminal complaint, but not when this is against the express wishes of the

victim.

Article 232 Where the statutory representative of a victim is the suspect, the

spouse of the suspect, a blood relative within the fourth degree of kinship or a

relative by affinity within the third degree of kinship of the suspect, then a

relative of the victim may file a criminal complaint independently.

Article 233 (1) With respect to the offense of defamation of a deceased person,

said person's relatives or descendants may file a criminal complaint.

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(2) The provisions of the preceding paragraph apply also where, with respect to

the offense of defamation, the victim has died without filing a criminal

complaint, but not when this is against the express wishes of the victim.

Article 234 Where there is no person who can file a criminal complaint with

regard to an offense prosecutable upon a criminal complaint, a public

prosecutor may, upon the application of an interested party, designate a person

who can file a criminal complaint.

Article 235 With regard to an offense prosecutable upon a criminal complaint, no

criminal complaint may be made after the lapse of six months from the day on

which the complainant knew the offender; provided, however, that this does

not apply to a criminal complaint made by the representative of a foreign state

pursuant to the provisions of Article 232, paragraph (2) of the Penal Code, or a

criminal complaint made with regard to the crime under Article 230 or 231 of

the same Code against a foreign mission sent to Japan by the mission.

Article 236 Where there are two or more persons entitled to file a criminal

complaint, failure by one of them to observe the time period for complaint does

not affect the others.

Article 237 (1) A criminal complaint may be withdrawn at any time before the

institution of prosecution.

(2) A person who has withdrawn a criminal complaint may not file the criminal

complaint again.

(3) The provisions of the preceding two paragraphs apply mutatis mutandis to a

claim regarding a case which is to be accepted on a claim.

Article 238 (1) A criminal complaint made against one or more accomplices in an

offense prosecutable upon a criminal complaint or the withdrawal thereof has

effect with respect to the other accomplices.

(2) The provisions of the preceding paragraph apply mutatis mutandis to an

accusation or claim, or the withdrawal thereof, regarding a case which is to be

received upon an accusation or claim.

Article 239 (1) Any person who believes that an offense has been committed may

file an accusation.

(2) A government official or local government official must file an accusation

when they believe an offense has been committed.

Article 240 A criminal complaint may be made by a representative. The same

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applies to the withdrawal of a criminal complaint.

Article 241 (1) A criminal complaint or an accusation must be filed with a public

prosecutor or a judicial police officer in writing or orally.

(2) A public prosecutor or judicial police officer must make a written statement

when they have received an oral criminal complaint or accusation.

Article 242 A judicial police officer must, when they have received a criminal

complaint or accusation, send the document and articles of evidence regarding

the complaint or the accusation to a public prosecutor promptly.

Article 243 The provisions of the preceding two Articles apply mutatis mutandis

to the withdrawal of a criminal complaint or accusation.

Article 244 A criminal complaint or withdrawal thereof made by the

representative of a foreign country pursuant to the provisions of Article 232,

paragraph (2) of the Penal Code may be filed with the Minister for Foreign

Affairs notwithstanding the provisions of Article 241 and the preceding Article.

The same applies to a criminal complaint or withdrawal thereof regarding an

offense against a foreign mission sent to Japan as prescribed in Article 230 or

231 of the Penal Code, made by such mission.

Article 245 The provisions of Article 241 and 242 apply mutatis mutandis to

surrender.

Article 246 Except as otherwise provided in this Code, a judicial police officer

must, when said police officer has conducted the investigation of an offense,

send the case together with the documents and articles of evidence to a public

prosecutor promptly; provided however, that this does not apply to cases which

have been specially designated by a public prosecutor.

Chapter II Prosecution

Article 247 Prosecution is filed by a public prosecutor.

Article 248 Where prosecution is deemed unnecessary owing to the character,

age, and environment of the offender, the gravity of the offense, and the

circumstances or situation after the offense, prosecution need not be instituted.

Article 249 Prosecution does not take effect against a person other than the

accused specified by a public prosecutor.

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Article 250 (1) The statute of limitations is completed upon the lapse of the

following time periods with regard to crimes causing the death of a person and

punishable with imprisonment without work or a greater punishment (except

for those punishable by the death penalty):

(i) 30 years for crimes punishable with life imprisonment or life imprisonment

without work;

(ii) 20 years for crimes punishable with imprisonment or imprisonment without

work whose maximum term is 20 years;

(iii) 10 years for crimes other than the crimes provided for in the preceding two

items.

(2) The statute of limitations is completed upon the lapse of the following time

periods with regard to crimes other than crimes causing the death of a person

and punishable with imprisonment without work or a greater punishment:

(i) 25 years for offenses punishable by the death penalty;

(ii) 15 years for offenses punishable with life imprisonment or life

imprisonment without work;

(iii) 10 years for offenses punishable with imprisonment or imprisonment

without work whose maximum term is 15 years or more;

(iv) 7 years for offenses punishable with imprisonment or imprisonment

without work whose maximum term is less than 15 years;

(v) 5 years for offenses punishable with imprisonment or imprisonment without

work whose maximum term is less than 10 years;

(vi) 3 years for offenses punishable with imprisonment or imprisonment

without work whose maximum term is less than 5 years or with a fine;

(vii) 1 year for offenses punishable with penal detention or with a petty fine.

Article 251 Regarding offenses punishable by concurrent imposition of two or

more principal punishments or by the imposition of one of two or more

principal punishments, the provisions of the preceding Article apply with

reference to the heaviest punishment.

Article 252 When a punishment is to be increased or reduced pursuant to the

Penal Code, the provisions of Article 250 apply with reference to the

punishment which has not been increased or reduced.

Article 253 (1) The statute of limitations runs from the time that the criminal

act ceased.

(2) Regarding cases of complicity, the statute of limitations, with respect to all

accomplices, runs from the time when the final act ceased.

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Article 254 (1) The statute of limitations ceases to run on the institution of

prosecution against the case concerned, and begins to run when a decision

notifying jurisdictional incompetence or dismissing the prosecution has become

final and binding.

(2) The suspension of the statute of limitations because of the institution of

prosecution against one of the accomplices takes effect against the other

accomplices. In this case, the suspended period runs from when the decision on

the case has become final and binding.

Article 255 (1) If an offender is outside Japan or said offender is in hiding,

making it is impossible to serve a transcript of the charging sheet or notify the

summary order, the statute of limitations is suspended during the period when

the offender is outside Japan or is in hiding.

(2) Provisions are laid down in the Rules of Court for the particulars necessary in

proving the absence of the offender from Japan or said offender being in hiding,

which made the service of the transcript of charging sheet or notification of the

summary order impossible.

Article 256 (1) Prosecution must be instituted by submitting the charging sheet

to the court.

(2) The charging sheet must contain:

(i) the name of the accused and other particulars necessary to specify the

accused;

(ii) the charged facts;

(iii) the charged offense.

(3) The charged facts must be described with clarified counts. To clarify the

counts, the time, place and method of offense must be specified as far as

possible.

(4) The charged offense must be described with applicable penal statutes;

provided however, that errors in the enumeration of such statutes do not affect

the validity of institution of prosecution as long as there is no fear that they

may create any substantial disadvantage to the defense of the accused.

(5) Several counts and applicable penal statutes may be entered in a conjunctive

or alternative way.

(6) No documents or other articles which may cause the judge to be prejudiced

are to be attached or referred to in the charging sheet.

Article 257 Prosecution may be withdrawn up until the judgment of the first

instance is rendered.

Article 258 Where a public prosecutor considers that the case does not come

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within the jurisdiction of the court corresponding to the public prosecutor's

office, such case must be sent to a public prosecutor of the public prosecutor's

office corresponding to the competent court together with the documents and

articles of evidence.

Article 259 If a public prosecutor has made a disposition not to institute

prosecution, the public prosecutor must promptly notify the suspect of this

upon said suspect's request.

Article 260 If a public prosecutor has instituted prosecution or made a

disposition not to institute prosecution regarding a case with respect to which

a criminal complaint, accusation or claim has been filed, the public prosecutor

must notify the person who filed the criminal complaint, accusation or claim

promptly. This also applies to cases where a public prosecutor has withdrawn

the prosecution or has sent the case to a public prosecutor of another public

prosecutor's office.

Article 261 If a public prosecutor has made a disposition not to institute

prosecution regarding a case with respect to which a criminal complaint,

accusation or claim has been filed, the public prosecutor must promptly notify

the reason for the disposition upon the request of the person who filed the

criminal complaint, accusation or claim.

Article 262 (1) If a person who has filed a criminal complaint or accusation

regarding an offense set forth in Articles 193 to 196 of the Penal Code, Article

45 of the Subversive Activities Prevention Act (Act No. 240 of 1952), or Article

42 or 43 of the Act on Regulation of Organizations Which Have Committed

Indiscriminate Mass Murder (Act No. 147 of 1999) is dissatisfied with the

disposition not to institute prosecution made by a public prosecutor, the

complainant or accuser may request the district court which has jurisdiction

over the location of the public prosecutor's office to which that public

prosecutor belongs to commit the case to a court for trial.

(2) The request set forth in the preceding paragraph must be made by submitting

an application to the public prosecutor who made the disposition not to

institute prosecution within 7 days from the day on which the notice set forth

in Article 260 was received.

Article 263 (1) The request set forth in paragraph (1) of the preceding Article

may be withdrawn up until the decision set forth in Article 266 is rendered.

(2) The person who made the withdrawal set forth in the preceding paragraph

may not make any request set forth in paragraph (1) of the preceding Article

65

regarding the same case.

Article 264 A public prosecutor must institute prosecution when said prosecutor

deems the request set forth in Article 262, paragraph (1) to be reasonable.

Article 265 (1) A trial and decision regarding the request set forth in Article 262,

paragraph (1) must be conducted and rendered by a panel.

(2) The court may, when it is necessary, requisition a judge of a panel to

investigate the facts, or commission a judge of a district or summary court to

do so. In this case, an authorized judge or a commissioned judge has the same

authority as a court or a presiding judge.

Article 266 A court must render a ruling according to the following

classifications when it receives a claim set forth in Article 266:

(i) where the claim has been made contrary to the form provided in laws and

regulations, or has been made after loss of the right to the claim or is

groundless, it is dismissed;

(ii) where the request is well-grounded, the case is committed to the competent

district court for trial.

Article 267 Where the decision set forth in paragraph (2) of the preceding Article

has been rendered, prosecution regarding the case is deemed to have been

instituted.

Article 267-2 Where a court has rendered the decision set forth in Article 266,

item (ii), notice to this effect must be given to the Committee for Inquest of

Prosecution which is to conduct the inquest prescribed in Article 2, paragraph

(1), item (i) of the Act on Committee for Inquest of Prosecution (Act No. 147 of

1948) or the Committee for Inquest of Prosecution which made the decision for

institution of prosecution under Article 41-6, paragraph (1) of the same Act

(after appointment of a person who is to be responsible for institution and

maintenance of prosecution, to such person), where there exists such a

committee.

Article 268 (1) Where a case has been committed to trial pursuant to the

provisions of Article 266, item (ii), the court must appoint one attorney who

maintains the prosecution of such case from among the attorneys.

(2) The attorney appointed as prescribed in the preceding paragraph exercises

the same function as a public prosecutor in order to maintain the prosecution

until the decision has become final and binding; provided however, that with

regard to issuing orders to a public prosecutor's assistant officer or a judicial

66

police official for investigation the appointed attorney must do so by

commissioning a public prosecutor.

(3) The attorney who exercises the same function as a public prosecutor pursuant

to the provisions of the preceding paragraph is deemed to be an official

engaged in public service in accordance with laws and regulations.

(4) The court may cancel the appointment of the attorney set forth in paragraph

(1) at any time if it finds that the attorney is not qualified to exercise its duties

or there are any other special circumstances.

(5) The attorney appointed as set forth in paragraph (1) is given an allowance as

provided in a Cabinet Order.

Article 269 The court may, where the request set forth in Article 262, paragraph

(1) is dismissed or withdrawn, order the person who made the request to

compensate the whole or part of the costs arising from the procedures

regarding the request on a ruling. An immediate appeal may be filed against

such ruling.

Article 270 (1) A public prosecutor may inspect and copy the documents and

articles of evidence relating to trials after prosecution has been instituted.

(2) Notwithstanding the provisions of the preceding paragraph, the recording

medium provided in Article 157-6, paragraph (4) may not be copied.

Chapter III Public Trials

Section 1 Trial Preparation and Trial Proceedings

Article 271 (1) The court must, when prosecution has been instituted, serve a

transcript of the charging sheet on the accused without delay.

(2) When the transcript of the charging sheet is not served on the accused within

two months after the date of institution of prosecution, the institution of

prosecution loses its effect retroactively.

Article 272 (1) The court must, when prosecution has been instituted, inform the

accused without delay that the accused may appoint defense counsel and that

when the accused is unable to personally appoint defense counsel because of

indigence or other reasons, said accused may request the court to appoint

defense counsel for said accused; provided however, that this does not apply

when the accused already has defense counsel.

(2) The court must, when notifying the accused that said accused may appoint

defense counsel pursuant to the preceding paragraph, inform the accused that

said accused must submit a report on personal financial resources, and if the

accused's Financial Resources are equal to or exceed the base amount, the

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accused must have first requested a bar association (the bar association to

which the request under Article 31-2, paragraph (1) in accordance with Article

36-3, paragraph (1) is to be made) to appoint defense counsel except in cases

where a defense counsel is required under this Code.

Article 273 (1) The presiding judge must set the trial dates.

(2) The accused must be summoned to the trial dates.

(3) The public prosecutor, defense counsel and assistant in court must be notified

of the trial dates.

Article 274 When the trial dates are notified to an accused who is within the

courthouse grounds, this notification has the same effect as a summons having

been served.

Article 275 A period of suspension must be specified in the Rules of Court

between the first trial date and service of the writ of summons on the accused.

Article 276 (1) The court may change the trial dates, upon the request of the

public prosecutor, the accused or the defense counsel, or ex officio.

(2) The court must in advance, hear the opinion of the public prosecutor, and the

accused or the defense counsel pursuant to the Rules of Court in order to

change the trial dates; provided however, that this does not apply in a case

requiring urgency.

(3) In the case prescribed in the proviso of the preceding paragraph, the court

must give the public prosecutor, and the accused or the defense counsel an

opportunity to raise an objection on the changed trial date.

Article 277 If a court has changed a trial date in abuse of its powers, the persons

concerned in the case may request the taking of judicial administrative

measures pursuant to the Rules or the Instructions of the Supreme Court.

Article 278 If a person who has been summoned on a trial date cannot appear on

the trial date because of illness or other reasons, said person must submit to

the court a medical certificate or other materials pursuant to the Rules of

Court.

Article 278-2 (1) The court may, when it deems it necessary, have the public

prosecutor or defense counsel appear for the trial preparation or trial date and

order said person to be present during these proceedings or to be present in

court.

(2) The presiding judge may, in a case requiring urgency, give the order set forth

68

in the provisions of the preceding paragraph or may delegate the order to a

judge who is a member of a panel.

(3) If the public prosecutor or defense counsel, who is subject to an order

pursuant to the provisions of the preceding two paragraphs, disobeys the order

without a justifiable reason, the court may punish said person by making a

ruling for a non-criminal fine of not more than 100,000 yen and order said

person to compensate for the expenses incurred due to disobeying said order.

(4) An immediate appeal against the ruling prescribed in the preceding

paragraph may be filed.

(5) If the court has rendered the ruling set forth in paragraph (3), it must notify

the person with the authority to direct and supervise the public prosecutor

with regard to such prosecutor and the bar association to which the attorney

belongs or the Japan Federation of Bar Associations with regard to the

attorney who is acting as defense counsel, and must request that appropriate

measures be taken.

(6) The person who has received the request pursuant to the provisions of the

preceding paragraph must notify the court of the measures that were taken.

Article 279 The court may, upon the request of the public prosecutor, the

accused or the defense counsel, or ex officio, ask public offices or public or

private organizations for reports on particulars necessary for the trial.

Article 280 (1) From the institution of prosecution to the first trial date, a judge

takes charge of the disposition concerning detention.

(2) If a suspect who has been arrested pursuant to Article 199 or 210, or has been

arrested as an offender caught in the act and has not yet been detained is

prosecuted during the time limitations prescribed in Articles 204 or 205, the

judge must promptly notify the accused of the facts charged, hear the accused's

statement and, unless issuing a detention warrant, must order release of the

accused immediately.

(3) The judge prescribed in the preceding two paragraphs has the same authority

as the court or the presiding judge regarding the proceedings thereof.

Article 281 If the court deems it necessary after considering the particulars

prescribed in Article 158 and hearing the opinions of the public prosecutor and

the accused or the defense counsel, the court may examine the witness on a day

other than the trial date.

Article 281-2 When a court examines a witness on a day other than the trial

date and finds that the witness feels pressure and is unable to give sufficient

testimony in the presence of the accused (including cases when the measures

69

provided in Article 157-5, paragraph (1) are taken or the means provided in

Article 157-6, paragraph (1) or (2) is used), the court may have the accused

leave the courtroom during the testimony of the witness, after hearing the

opinions of the public prosecutor and the defense counsel, only when the

defense counsel is present. In this case, after the witness has testified, the

court must notify the accused of an outline of the testimony and give the

accused an opportunity to examine the witness.

Article 281-3 The defense counsel must appropriately keep safe custody of the

copies of evidence (copies and materials which accurately record all or part of

the evidence), which the public prosecutor has given the opportunity to inspect

or copy for the preparation of the trial, and may not entrust custody to others

without reason.

Article 281-4 (1) The accused or the defense counsel (including the defense

counsel provided for in Article 440) or those who were formerly in such position

must not deliver, present or send by telecommunication lines to others copies

and other materials which the public prosecutor has given the opportunity to

inspect or copy for the preparation of the proceedings of a case charged to the

court, unless for the intention of use in the following procedures or for the

preparation thereof:

(i) proceedings of said case charged to the court or other proceedings for a trial

related to said case charged to the court;

(ii) the following procedures related to said case charged to the court:

(a) procedures for the compensation of expenses provided in Book I, Chapter

XVI;

(b) a hearing on the request of Article 349, paragraph (1);

(c) procedures for the request of Article 350;

(d) procedures for request for recovery of the right of appeal;

(e) procedures for request for a retrial;

(f) procedures for an extraordinary appeal to the court of last resort;

(g) procedures for the petition in Article 500, paragraph (1);

(h) procedures for the filing of the objection in Article 502;

(i) procedures for the request for compensation under the Criminal

Compensation Act.

(2) When taking measures for violation of the provisions in the preceding

paragraph, the court is to consider the contents of the copies and other

materials, the intent and mode of the violation, whether or not the reputation

of the related persons has been damaged, if the privacy or the affairs of the

related persons have been violated, whether or not the copies and other

materials have been examined on the trial date, the method of examination

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and any other related particulars taking into account the right to defense of

the accused.

Article 281-5 (1) An accused or a person who was formerly an accused, who

delivers, presents or sends by telecommunication lines to others copies and

other materials which the public prosecutor has given the opportunity to

inspect or copy for a purpose other than for use in the procedures or trial

preparations prescribed in the items of paragraph (1) of the preceding Article is

punished by imprisonment for not more than a year or a fine of not more than

500,000 yen.

(2) The same applies when a defense counsel (including the defense counsel

provided for in Article 440, hereinafter the same applies in this paragraph) or a

person who was formerly a defense counsel delivers, presents or sends by

telecommunication lines to others for the purpose of property profits or other

profits, copies and other materials which the public prosecutor has given the

opportunity to inspect or copy.

Article 281-6 (1) The court must, insofar as possible, hold a trial on successive

days in cases which require several days for the proceedings.

(2) Persons concerned in the case must observe the trial dates strictly and must

not interfere with the proceedings.

Article 282 (1) Examinations on a trial date is to be conducted in open court.

(2) The open court is to be convened in the assembled presence of judges, court

clerks and public prosecutors.

Article 283 When the accused is a corporation, it may have a representative

appear at the trial.

Article 284 The accused does not be required to appear on the trial date in cases

which are punishable with a fine of no more than 500,000 yen (50,000 yen for

the time being in cases other than violation of the Penal Code, the Act on

Punishment of Physical Violence and Others and the Act on Penal Provisions

related to Economic Activities) or with a petty fine; provided however, that the

accused may have a representative appear on the trial date.

Article 285 (1) The accused must appear on the trial date when judgment is to be

pronounced for cases in which penal detention is applicable. The court may

permit the accused not to appear on the other trial dates when the court deems

that the attendance of the accused is not important for defense of the rights of

the accused.

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(2) The accused must appear on the trial date if said accused is liable for

punishment of imprisonment or imprisonment without work whose maximum

term is not more than three years, or a fine of more than 500,000 yen (50,000

yen for the time being in cases other than violation of the Penal Code, the Act

on Punishment of Physical Violence and Others and the Act on Penal

Provisions related to Economic Activities) during the proceedings prescribed in

Article 291 and the sentencing. The other trial dates are to be governed by the

second sentence of the preceding paragraph.

Article 286 A trial may not, except in the cases prescribed in the preceding three

Articles, be convened when the accused does not appear on the trial date.

Article 286-2 When the court cannot be convened without the appearance of the

accused, and the accused, who is under detention has been summoned for the

trial date but refuses to appear without a justifiable reason, and it is extremely

difficult for the officials of the penal institution to bring the accused to the

court, the court may commence the proceedings of the trial without the

appearance of the accused.

Article 287 (1) The accused must not be restrained during the trial; provided

however, that this does not apply when the accused employs violence or

attempts to escape.

(2) Even when the accused is not restrained, guards may be assigned to guard

the accused.

Article 288 (1) The accused may not leave the court without the permission of

the presiding judge.

(2) The presiding judge may take appropriate dispositions to ensure the

appearance of the accused at the court and to maintain the order of the court.

Article 289 (1) When a case is punishable by the death penalty, life

imprisonment, life imprisonment without work, or imprisonment or

imprisonment without work whose maximum term is more than three years,

the trial may not be convened without the attendance of defense counsel.

(2) If the court may not be convened without defense counsel, and the defense

counsel has not appeared at court or is no longer present in court, or defense

counsel has not been appointed, the presiding judge must appoint defense

counsel ex officio.

(3) If the court may not be convened without defense counsel, and there is the

risk that the defense counsel will not appear at court, the court may appoint

defense counsel ex officio.

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Article 290 If the defense counsel does not appear at the trial in the cases

prescribed in the items of Article 37, the court may, ex officio, appoint defense

counsel for the accused.

Article 290-2 (1) In handling the following cases, if a request is made by the

victim or others of that case (meaning the victim or if the victim has died or

suffers from a serious physical or mental disorder, the victim's spouse, a lineal

relative, sibling; the same applies hereinafter), the legal representative of the

victim or an attorney who has been entrusted by those persons and a court

finds it appropriate after hearing the opinions of the accused or the defense

counsel, the court may render a ruling to the effect that particulars identifying

the victim (meaning the name and address of or other particulars which will

identify the victim of that case; the same applies hereinafter) should not be

disclosed in an open court:

(i) cases involving the crimes or attempts of the crimes under Articles 176

through 179 or Article 181 of the Penal Code, Article 225 or Article 226-2,

paragraph (3) of the same Code (limited to cases with the purpose of

indecency or marriage; hereinafter the same applies in this item), or Article

227, paragraph (1) (limited to cases with the purpose of being an accessory to

a person who commits the crime under Article 225 or Article 226-2,

paragraph (3)) or paragraph (3) (limited to cases with the purpose of

indecency) or Article 241, paragraph (1) or (3) of the same Code; or

(ii) cases involving the crimes under Article 60, paragraph (1) of the Child

Welfare Act, Article 60, paragraph (2) pertaining to Article 34, paragraph (1),

item (ix) of the same Act, or Articles 4 through 8 of the Act on Regulation

and Punishment of Acts Relating to Child Prostitution and Child

Pornography, and Protection of Children.

(iii) in addition to the cases given in the preceding two items, cases where it is

deemed that there is the risk that the reputation or the peaceful social life of

the victim or others will be seriously harmed through particulars identifying

the victim being disclosed in an open court in the form of the mode of the

crime, the state of the damage, and due to other circumstances.

(2) The request set forth in the preceding paragraph must be made to the public

prosecutor in advance. In this case, the public prosecutor is to notify this to the

court together with the prosecutor's opinion.

(3) In addition to the particulars prescribed in paragraph (1), in handling a case

where the court finds a risk of physical or property harm, threat to or

confusion of the victim or victim's relatives through disclosing in an open court

the mode of the crime, the state of the damage, and due to other circumstances,

when it finds it appropriate after hearing the opinions of the public prosecutor

73

and the accused or the defense counsel, it may render a ruling to such effect

that particulars identifying the victim not be disclosed in an open court.

(4) Where the court comes to find that it is inappropriate for particulars

identifying the victim not to be disclosed in an open court with regard to a case

where the ruling set forth in paragraph (1) or the preceding paragraph was

rendered, that the case no longer comes under the cases given in paragraph (1),

item (i) or item (ii) owing to the applicable penal statute being withdrawn or

altered pursuant to the provisions of Article 312 or that the case no longer

comes under the cases given in item (iii) of the same paragraph or the cases

provided for in the preceding paragraph, it must rule to rescind the ruling set

forth in paragraph (1) or the preceding paragraph.

Article 290-3 (1) In the following cases, when a witness, an expert witness, an

interpreter, a translator or a person who has made a statement in recorded

statement documents (meaning written statements, statements recorded and

taken down in writing with the signature or seal of the person making the

statements, or recording media capable of recording images or sound on which

statements have been recorded; the same applies hereinafter) (hereinafter

referred to as the "witness or the like" in this paragraph) makes a request and

a court finds it appropriate after hearing the opinions of the public prosecutor

and the accused or the defense counsel, the court may render a ruling to the

effect that particulars identifying the witness or the like (meaning the name

and address of or other particulars which will identify the witness or the like;

the same applies hereinafter) should not be disclosed in an open court:

(i) when the court finds that the body or property of the witness or the like or

that person's relative is likely to be harmed or either of these persons is

likely to be threatened or confused through the disclosure of particulars

identifying the witness or the like in an open court; or

(ii) in addition to the case set forth in the preceding item, when the court finds

that the reputation or peaceful social life of the witness or the like is likely to

be seriously harmed through the disclosure of particular identifying the

witness or the like in an open court.

(2) When a court comes to find that it is inappropriate for particulars identifying

the witness or the like not to be disclosed in an open court with regard to a

case where a ruling has been rendered under the preceding paragraph, the

court must render a ruling to revoke the ruling rendered under the same

paragraph.

Article 291 (1) A public prosecutor must first read a charging sheet aloud.

(2) When a ruling is rendered under Article 290-2, paragraph (1) or paragraph (3),

a public prosecutor shall read a charging sheet aloud under the preceding

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paragraph by a method whereby particulars identifying the victim are not

disclosed. In this case, the public prosecutor must show the charging sheet to

the accused.

(3) The preceding paragraph also applies to the reading of a charging sheet under

paragraph (1), when a ruling is rendered under paragraph (1) of the preceding

Article. In this case, the term "particulars identifying the victim" in the same

paragraph is replaced with "particulars identifying the witness or the like."

(4) After a charging sheet has been read aloud, the presiding judge must notify

the accused that the accused may remain silent at all times or refuse to answer

individual questions, and of other necessary matters provided in the Rules of

Court to protect the rights of the accused, and then give the accused and the

defense counsel an opportunity to make a statement concerning the case under

public prosecution.

Article 291-2 When the accused enters a guilty plea for a charging sheet during

the proceedings under paragraph (4) of the preceding Article, a court may,

upon hearing the opinions of the public prosecutor, the accused and the defense

counsel, render a ruling to try the case by a summary criminal trial only with

regard to the counts for which the accused enters a guilty plea; provided,

however, that this does not apply to cases punishable by the death penalty, life

imprisonment with or without work, or imprisonment with or without work

whose minimum term is not less than one year.

Article 291-3 The court must, when the ruling of the preceding Article has been

made for a case but the court deems it impossible or inappropriate for the case

to be tried by a summary criminal trial, rescind that ruling.

Article 292 Evidence is examined after the proceeding prescribed in Article 291;

provided however, that this does not apply to the proceeding to be conducted

for the arrangement of issues and evidence in the pretrial arrangement

proceeding provided for in Subsection 1 of the following Section.

Article 292-2 (1) The court is to, when a request is made by the victim or others,

or the legal representative of such victim to state an opinion on the sentiments

or other opinions relating to the case, have them state their opinions on the

trial date.

(2) A request for the statement of opinions prescribed in the preceding paragraph

must be made to the public prosecutor in advance. In this case, the public

prosecutor is to notify this to the court together with the prosecutor's opinion.

(3) The presiding judge or the associate judges may, after the victim or others, or

the legal representative of such victim have stated their opinions, question

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them in order to clarify the purport of the statements.

(4) The persons concerned in the case may, after the victim or others, or the legal

representative of such victim have stated their opinions, question them in

order to clarify the purport of their statements, with notification to the

presiding judge.

(5) The presiding judge may place restrictions on statements of opinion by the

victim or others, or the legal representative of such victim or questions to be

asked by persons concerned in the case to the victim or others, or legal

representatives of such victim which overlap with previous statements or

questions, or which are irrelevant to the case, or are otherwise inappropriate.

(6) The provisions of Article 157-4, Article 157-5, and Article 157-6, paragraphs

(1) and (2) apply mutatis mutandis to the statement of opinions pursuant to

the provisions of paragraph (1).

(7) The court may, when it deems it inappropriate, considering the state of the

proceedings and other circumstances, have the victim or others, or the legal

representative of such victim submit written opinions in lieu of oral statements,

or prohibit the stating of opinions.

(8) When a document has been submitted under the provisions of the preceding

paragraph, the presiding judge must make this clear on the trial date. In this

case, the presiding judge may, when said judge finds it appropriate, read out

the document or give an outline thereof.

(9) The statement pursuant to the provisions of paragraph (1) or the document

pursuant to the provisions of paragraph (7) may not be used as evidence for

fact finding of the crime.

Article 293 (1) After the examination of evidence, the public prosecutor must

state opinions on the finding of facts and the application of law.

(2) The accused and the defense counsel may state their opinions.

Article 294 The presiding judge has control over the trial proceedings on the

trial date.

Article 295 (1) The presiding judge may limit any questions or statements by

persons concerned in the case when their questions or statements overlap with

previous questions or statements, are irrelevant to the case, or are otherwise

inappropriate, insofar as this does not violate the essential rights of those

persons. The same applies when the accused is questioned by persons

concerned in the case.

(2) When examining a witness, an expert witness, an interpreter or a translator,

if the presiding judge finds that there is a risk that the body or property of

these persons or their relatives may be harmed, threatened or confused and

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that the witness, expert witness, interpreter or translator will not be able to

give full testimony if said person's address or work place or other particulars

specifying the ordinary whereabouts of these persons are disclosed, the

presiding judge may limit the questions concerning these particulars; provided

however, that this does not apply when limitations on the public prosecutor's

examination may interfere considerably with proving the case, or when

limitations on the examination by the accused or the defense counsel may

substantially harm the defense of the accused.

(3) The presiding judge may limit any questions or statements, if the ruling set

forth under Article 290-2, paragraph (1) or paragraph (3) has been rendered,

and the questions or statements by persons concerned in the case lead to

particulars identifying the victim except in cases where placing restrictions

may interfere considerably with proving the case or may substantially harm

the defense of the accused. The same applies when the accused is questioned by

persons concerned in the case.

(4) The preceding paragraph also applies to questions or statements made by

persons concerned in the case, or an act of persons concerned in the case

seeking a statement from the accused, in the case where a ruling under Article

290-3, paragraph (1) has been rendered. In this case, the term "particulars

identifying the victim" in the same paragraph is replaced with "particulars

identifying the witness or the like."

(5) If the public prosecutor or attorney acting as a defense counsel, who is subject

to an order pursuant to the provisions of the preceding paragraphs, disobeys

the order, a court may notify the person with authority to direct and supervise

that public prosecutor or the bar association to which that attorney belongs or

the Japan Federation of Bar Associations, and request that appropriate

measures be taken.

(6) A person who has received a request pursuant to the provisions of the

preceding paragraph must notify the court of measures the person has taken.

Article 296 At the beginning of the examination of evidence, the public

prosecutor must state the facts that said prosecutor intends to prove through

evidence; provided however, that said prosecutor may not make any statements

from which prejudice or a preconception of the case is likely to arise based on

materials which are not qualified for evidence or which are not intended to be

requested for examination in the court.

Article 297 (1) The court may, upon hearing the opinions of the public prosecutor

and the accused or the defense counsel, determine the scope, order and method

of the examination of evidence.

(2) The court may have one of its collegiate members carry out the proceeding

77

prescribed in the preceding paragraph.

(3) The court may, at any time when it finds appropriate, upon hearing the

opinions of the public prosecutor and the accused or the defense counsel,

change the scope, order or method of the examination of evidence determined

pursuant to paragraph (1).

Article 298 (1) The public prosecutor, the accused or the defense counsel may

request examination of evidence.

(2) The court may, when it finds necessary, examine evidence ex officio.

Article 299 (1) When requesting examination of a witness, expert witness,

interpreter or translator, the public prosecutor, the accused or the defense

counsel must give the opponent an opportunity to learn of the name and

address of that person in advance. When requesting examination of

documentary or material evidence, the public prosecutor, the accused or the

counsel of the accused must give the opponent an opportunity to inspect the

evidence in advance; provided however, that this does not apply when the

opponent has no objection.

(2) When the court rules to examine evidence ex officio, it must hear the opinion

of the public prosecutor and the accused or the defense counsel.

Article 299-2 In giving an opportunity to learn of the name and address of a

witness, an expert witness, an interpreter or a translator or to inspect

documentary evidence or an article of evidence pursuant to the provisions of

paragraph (1) of the preceding Article, when a public prosecutor or a defense

counsel finds that the body or property of the witness, expert witness,

interpreter, translator or that whose name is included or recorded in the

documentary evidence or article of evidence, or that person's relative is likely

to be harmed, or any of these persons is likely to be threatened or confused, the

public prosecutor or defense counsel may notify the opponent to that effect, and

request that special care be taken so that particulars that may identify the

address, workplace and other ordinary whereabouts of that person are not

known by persons concerned (including the accused) and the safety of that

person is not otherwise threatened, unless those particulars are necessary for

the proof or investigation of the crime, or the defense of the accused.

Article 299-3 When providing the opportunity to learn of the name and address

of a witness, or the opportunity to inspect documentary or material evidence,

pursuant to the provisions of Article 299, paragraph (1), if it is deemed that

there is the risk that the reputation or the peaceful social life of the victim or

others will be seriously harmed or the risk of physical or property harm, threat

78

or confusion to the victim or victim's relatives through particulars identifying

the victim being disclosed, the public prosecutor may notify the defense counsel

to such effect and request that such particulars not be disclosed to the accused

or other persons involved in the case, unless the particulars identifying the

victim are necessary for the defense of the accused; provided however, that

when requesting that the particulars not be disclosed to the accused, of the

particulars identifying the victim, these particulars are limited to those other

than the particulars given in the charging sheet.

Article 299-4 (1) When a public prosecutor is to give an opportunity to learn of

the name and address of a witness, an expert witness, an interpreter or a

translator pursuant to the provisions of Article 299, paragraph (1), and finds

that the body or property of the person or the person's relative is likely to be

harmed or either of these persons is likely to be threatened or confused, the

public prosecutor may, after giving the accused's defense counsel the

opportunity to learn of the person's name and address, set a condition that the

defense counsel must not notify the accused of that name or address, or

designate the time or method of notification to the accused; provided, however,

that this does not apply when the condition or designation makes impossible to

confirm whether or not the witness, expert witness, interpreter or translator

has an interest in the accused or other persons concerned, which may

contribute to the determination of the probative value of that person's

statement, or otherwise is likely to substantially harm the defense of the

accused.

(2) In the case of the main clause of the preceding paragraph, when a public

prosecutor finds that it is likely impossible to prevent the acts provided in the

main clause of the same paragraph by the measures taken pursuant to the

provisions of the main clause of the same paragraph (including the case when

there is no defense counsel for the accused), the public prosecutor does not

have to give the accused and the defense counsel an opportunity to learn of the

name or address of a witness, an expert witness, an interpreter or a translator,

unless this makes impossible to confirm whether or not the witness, expert

witness, interpreter or translator has an interest in the accused or other

persons concerned, which may contribute to the determination of the probative

value of that person's statement, or otherwise is likely to substantially harm

the defense of the accused. In this case, the public prosecutor must give the

accused or the defense counsel an opportunity to learn of a pseudonym in lieu

of the name, or a contact address in lieu of the address.

(3) When a public prosecutor is to give an opportunity to inspect documentary

evidence or an article of evidence pursuant to the provisions of Article 299,

paragraph (1), and finds that the body or property of that whose name or

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address is included or recorded in the documentary evidence or article of

evidence, and whose examination as a witness, an expert witness, an

interpreter or a translator is to be requested by the public prosecutor, or a

person who has made a statement in recorded statement documents

(hereinafter referred to as the "witness or the like requested by the public

prosecutor" in this and the following paragraph) or a relative of the witness or

the like requested by the public prosecutor is likely to be harmed, or either of

these persons is likely to be threatened or confused, the public prosecutor may,

after giving the accused's defense counsel the opportunity to inspect the

documentary evidence or article of evidence, set a condition that the defense

counsel must not notify the accused of the name or address of that witness or

the like requested by the public prosecutor, or designate the time or method of

notification to the accused; provided, however, that this does not apply when

the condition or designation makes impossible to confirm whether or not that

witness or the like requested by the public prosecutor has an interest in the

accused or other persons concerned, which may contribute to the determination

of the probative value of that person's statement, or otherwise is likely to

substantially harm the defense of the accused.

(4) In the case of the main clause of the preceding paragraph, when a public

prosecutor finds that it is likely impossible to prevent the acts provided in the

main clause of the same paragraph by the measures taken pursuant to the

provisions of the main clause of the same paragraph (including the case when

there is no defense counsel for the accused), the public prosecutor does not

have to give the accused and the defense counsel an opportunity to inspect the

part of documentary evidence or an article of evidence, in which the name or

address of that witness or the like requested by the public prosecutor is

included or recorded, unless this makes impossible to confirm whether or not

that witness or the like requested by the public prosecutor has an interest in

the accused or other persons concerned, which may contribute to the

determination of the probative value of that person's statement, or otherwise is

likely to substantially harm the defense of the accused. In this case, the public

prosecutor must give the accused or the defense counsel an opportunity to

learn of a pseudonym in lieu of the name, or a contact address in lieu of the

address.

(5) A public prosecutor must, when having taken measures pursuant to the

provisions of the preceding paragraphs, promptly notify the court to that effect.

Article 299-5 (1) After a public prosecutor has taken measures pursuant to the

provisions of paragraphs (1) through (4) of the preceding Article, if a court

finds that the case falls under one of the following items, the court must render

a ruling to revoke all or part of the measures upon request from the accused or

80

the defense counsel:

(i) when there is no likelihood that the body or property of any person

pertaining to those measures or the person's relative be harmed, or either of

these persons be threatened or confused;

(ii) when those measures make impossible to confirm whether or not any

person involved in the measures has an interest in the accused or other

persons concerned, which may contribute to the determination of the

probative value of that person's statement, or otherwise is likely to

substantially harm the defense of the accused; or

(iii) when the measures taken by the public prosecutor are those taken

pursuant to the provisions of paragraph (2) or (4) of the preceding Article,

and it is possible to prevent the acts provided in item (i) by the measures

taken pursuant to the provisions of the main clause of paragraph (1) or (3) of

the preceding Article.

(2) When a court revokes all or part of the measures taken by a public prosecutor

as finding that it falls under the case of item (ii) or (iii) of the preceding

paragraph, and finds that the acts provided in item (i) of the same paragraph

may be committed, the court may set a condition that the name or address of

any person pertaining to those measures must not be notified to the accused, or

designate the time or method of notification to the accused; provided, however,

that this does not apply when the condition or the designation of the time or

method makes impossible to confirm whether or not the person pertaining to

those measures has an interest in the accused or other persons concerned,

which may contribute to the determination of the probative value of that

person's statement, or otherwise is likely to substantially harm the defense of

the accused.

(3) If a court makes a ruling for the request under paragraph (1), the court must

hear the opinion of the public prosecutor.

(4) An immediate appeal may be filed against the ruling made for the request

under paragraph (1) (including a judicial decision to set a condition or

designate the time or method pursuant to the provisions of paragraph (2)).

Article 299-6 (1) If a court finds that the body or property of any person

pertaining to the measures taken by a public prosecutor pursuant to the

provisions of Article 299-4, paragraph (1) or (3) or those taken by the court

pursuant to the provisions of paragraph (2) of the preceding Article, or the

person's relative is likely to be harmed, or either of these persons is likely to be

threatened or confused, and also finds it appropriate after hearing the opinions

of the public prosecutor and the accused's defense counsel, the court may set a

condition that the defense counsel must not notify the accused of the name or

address of the person pertaining to those measures, which is included or

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recorded in documents or articles of evidence relating to the trial, or designate

the time or method of notification to the accused, when the defense counsel

inspects or copies these documents or articles pursuant to the provisions of

Article 40, paragraph (1); provided, however, that this does not apply when the

condition or designation makes impossible to confirm whether or not the

person pertaining to those measures has an interest in the accused or other

persons concerned, which may contribute to the determination of the probative

value of that person's statement, or otherwise is likely to substantially harm

the defense of the accused.

(2) If a court finds that the body or property of any person pertaining to the

measures taken by a public prosecutor pursuant to the provisions of Article

299-4, paragraph (2) or (4) or the person's relative is likely to be harmed, or

either of these persons is likely to be threatened or confused, and also finds it

appropriate after hearing the opinions of the public prosecutor and the

accused's defense counsel, the court may, when the defense counsel inspects or

copies documents or articles of evidence relating to the trial pursuant to the

provisions of Article 40, paragraph (1), prohibit the defense counsel from

inspecting or copying the part of these documents or articles, in which the

name or address of the person pertaining to those measures is included or

recorded, or set a condition that the defense counsel must not notify the

accused of that name or address or designate the time or method of notification

to the accused; provided, however, that this does not apply when the

prohibition, condition or designation makes impossible to confirm whether or

not the person pertaining to those measures has an interest in the accused or

other persons concerned, which may contribute to the determination of the

probative value of that person's statement, or otherwise is likely to

substantially harm the defense of the accused.

(3) If a court finds that the body or property of any person pertaining to the

measures taken by a public prosecutor pursuant to the provisions of Article

299-4, paragraphs (1) through (4) or those taken by the court pursuant to the

provisions of paragraph (2) of the preceding Article, or the person's relative is

likely to be harmed, or either of these persons is likely to be threatened or

confused, and also finds it appropriate after hearing the opinions of the public

prosecutor and the accused, the court may, when the accused inspects the trial

records or requests the trial records to be read aloud pursuant to the provisions

of Article 49, prohibit the accused from inspecting the part of these records, in

which the name or address of the person pertaining to those measures is

included or recorded, or refuse the request for reading of that part; provided,

however, that this does not apply when the prohibition or refusal makes

impossible to confirm whether or not the person pertaining to those measures

has an interest in the accused or other persons concerned, which may

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contribute to the determination of the probative value of that person's

statement, or otherwise is likely to substantially harm the defense of the

accused.

Article 299-7 (1) If a defense counsel violates the condition or fails to obey the

time or method designated pursuant to the provisions of Article 299-4,

paragraph (1) or (3), a public prosecutor may, when the defense counsel is an

attorney, notify the bar association to which the attorney belongs or the Japan

Federation of Bar Associations, and request that appropriate measures be

taken.

(2) If a defense counsel violates the condition or fails to obey the time or method

designated pursuant to the provisions of Article 299-5, paragraph (2), or

paragraph (1) or (2) of the preceding Article, a court may, when the defense

counsel is an attorney, notify the bar association to which the attorney belongs

or the Japan Federation of Bar Associations, and request that appropriate

measures be taken.

(3) A person who has received a request pursuant to the provisions of the

preceding two paragraphs must notify the public prosecutor or court that has

made the request of measures the person has taken.

Article 300 The public prosecutor must request the examination of documents

admissible pursuant to the provisions of the latter part of Article 321,

paragraph (1), item (ii).

Article 301 When the statement of an accused admissible pursuant to the

provisions of Article 322 and Article 324, paragraph (1) is a confession, its

examination may not be requested until after the other evidence for fact

finding constituting the offense has been examined.

Article 301-2 (1) With regard to the following cases, when a public prosecutor

requests the examination of a document that may be used as evidence pursuant

to the provisions of Article 322, paragraph (1), has been prepared in conducting

an interrogation pursuant to the provisions of Article 198, paragraph (1)

(limited to the interrogation of the suspect under arrest or detention; the same

applies in paragraph (3)) or giving an opportunity for explanation under the

provisions of paragraph (1) of Article 203, 204 or 205 (including cases when

these provisions are applied mutatis mutandis pursuant to the provisions of

Articles 211 and 216; the same applies in paragraph (3)) with regard to that

case and contains a confession of a fact disadvantageous to the accused, and

the accused or the defense counsel raises an objection relating to the request

for the examination on the grounds that the confession is suspected of not

83

being made voluntarily, the public prosecutor must request the examination of

the recording medium, on which statements made by the accused during the

period from the commencement of the interrogation or opportunity for

explanation in which that document has been prepared to completion thereof

and the circumstances are recorded pursuant to the provisions of paragraph (4),

to prove that the confession is voluntarily made; provided, however, that this

does not apply when there is no recording medium due to absence of recording

under the same paragraph as the case falling under one of items of the same

paragraph, or other unavoidable circumstances:

(i) a case involving a crime punishable by the death penalty or l ife

imprisonment with or without work;

(ii) a case involving a crime punishable by imprisonment with or without work

whose minimum term is not less than one year and causing death to the

victim through an intentional criminal act; or

(iii) any case other than cases referred or sent by judicial police officers

(excluding those set forth in the preceding two items).

(2) If a public prosecutor fails to request the examination of the recording

medium provided in the preceding paragraph in violation of the provisions of

the same paragraph, a court must render a ruling to dismiss the request for

examination of the document provided in the same paragraph.

(3) The provisions of the preceding two paragraphs apply mutatis mutandis when

the accused or the defense counsel raises an objection with regard to the case

set forth in one of items of paragraph (1) against the use as evidence of the

statement that has been made by any person other than the accused, which

may be used as evidence pursuant to the provisions of Article 322, paragraph

(1) as applied mutatis mutandis pursuant to Article 324, paragraph (1), and

contains any statement made by the accused in the interrogation with regard

to that case pursuant to the provisions of Article 198, paragraph (1) or in the

opportunity for explanation under paragraph (1) of Article 203, 204 or 205

(limited to that containing a confession of a fact disadvantageous to the

accused), on the grounds that the confession is suspected of not being made

voluntarily.

(4) When a public prosecutor or a public prosecutor's assistant officer

interrogates a suspect under arrest or detention pursuant to the provisions of

Article 198, paragraph (1) with regard to the case set forth in one of items of

paragraph (1) (excluding the case set forth in item (iii) of the same paragraph,

a related case to which has been referred or sent and which is expected to be

referred or sent by a judicial police officer in light of the actual investigation

conducted by the judicial police officer and other circumstances), or gives the

suspect an opportunity for explanation pursuant to the provisions of paragraph

(1) of Article 204 or 205 (including cases when these provisions are applied

84

mutatis mutandis pursuant to Articles 211 and 216), the public prosecutor or

public prosecutor's assistant officer must record statements made by the

suspect and the circumstances on a recording medium by a method of recording

sound and images simultaneously, except in a case falling under one of the

following items; the same applies when a judicial police official interrogates a

suspect under arrest or detention pursuant to the provisions of Article 198,

paragraph (1) or gives the suspect an opportunity for explanation pursuant to

the provisions of Article 203, paragraph (1) (including cases when these

provisions are applied mutatis mutandis pursuant to Articles 211 and 216)

with regard to the case set forth in paragraph (1), item (i) or (ii):

(i) when it is unable to record due to malfunction of the equipment necessary

for recording or other unavoidable circumstances;

(ii) when it is found that the suspect may not make a sufficient statement if it

is recorded due to the suspect's refusal of recording and other behavior of the

suspect;

(iii) when it is found that the case is related to any crime committed by a

member of an organized crime group designated by a Prefectural Public

Safety Commission pursuant to the provisions of Article 3 of the Act on

Prevention of Unjust Acts by Organized Crime Group Members (Act No. 77 of

1991); or

(iv) in addition to those set forth in the preceding two items, in light of the

nature of the crime, behavior of persons concerned, character of the group of

which the suspect is a member and other circumstances, when it is found

that the suspect may not make a sufficient statement if it is recorded due to

the likelihood that the body or property of the suspect or the suspect's

relative may be harmed or either of these persons may be threatened or

confused should the statement made by the suspect and the circumstances be

disclosed.

Article 302 When the documents admissible pursuant to the provisions of

Articles 321 to 323 or Article 326 are part of the investigation records, the

public prosecutor must, insofar as possible, have them separated from the

other records, and request examination.

Article 303 The court must examine documents which contain the results of the

examination of witnesses or other persons, results of inspections, searches or

seizures, and objects seized in the course of trial preparation as documentary

or material evidence on the trial date.

Article 304 (1) Witnesses, expert witnesses, interpreters or translators are first

examined by the presiding judge or an associate judge.

85

(2) The public prosecutor, the accused or the defense counsel, by notifying the

presiding judge, examine the witness, expert witness, interpreter or translator

after the examination prescribed in the preceding paragraph. In this case,

when the examination of the witness, expert witness, interpreter or translator

pertains to the request of the public prosecutor, the accused or the defense

counsel, the one who made the request examines them first.

(3) The court may, if it deems it appropriate, change the order of the examination

prescribed in the preceding two paragraphs, upon hearing the opinions of the

public prosecutor and the accused or the defense counsel.

Article 304-2 When a court examines a witness and finds that the witness feels

pressure and is unable to give sufficient testimony in the presence of the

accused (including cases when the measures provided in Article 157-5,

paragraph (1) or the means provided in Article 157-6, paragraph (1) or (2) are

taken), the court may have the accused leave the courtroom during the

testimony of the witness, after hearing the opinions of the public prosecutor

and the defense counsel, only when the defense counsel is present. In this case,

after the witness has testified, the court must have the accused enter the

courtroom, notify the accused of an outline of the testimony and give the

accused an opportunity to examine the witness.

Article 305 (1) When a court examines documentary evidence upon request from

a public prosecutor, the accused or the defense counsel, the presiding judge

must order the person who has made the request to read the documents aloud;

provided, however, that the presiding judge may personally read them aloud,

or have an associate judge or a court clerk do so.

(2) When a court examines documentary evidence ex officio, the presiding judge

must personally read the documents aloud, or have an associate judge or a

court clerk do so.

(3) When a ruling under Article 290-2, paragraph (1) or (3) is rendered, reading

documentary evidence aloud pursuant to the preceding two paragraphs shall be

conducted by a method whereby particulars identifying the victim are not

disclosed.

(4) The preceding paragraph also applies to the reading of documentary evidence

pursuant to the provisions of paragraph (1) or (2), when a ruling is rendered

under Article 290-3, paragraph (1). In this case, the term "particulars

identifying the victim" in the same paragraph is replaced with "particulars

identifying the witness or the like."

(5) In the examination of a written statement, part of which contains a recording

medium, pursuant to the provisions of Article 157-6, paragraph (4), the

recording medium shall be played in lieu of reading aloud pursuant to the

86

provisions of paragraph (1) or (2); provided, however, that the presiding judge

may, when finding it appropriate after hearing the opinions of a public

prosecutor and the accused or the defense counsel, order the person who has

requested the examination of that written statement, an associate judge or a

court clerk to state, or personally state the content of the statement recorded

in the written statement, in lieu of playing that recording medium.

(6) When a court plays the recording medium provided in Article 157-6,

paragraph (4) pursuant to the provisions of the preceding paragraph and finds

it necessary, the court may take the measures provided in Article 157-5, after

hearing the opinions of a public prosecutor and the accused or the defense

counsel.

Article 306 (1) When examining material evidence upon the request of the public

prosecutor, the accused or the defense counsel, the presiding judge must order

the person who has made that request to display it; provided however, that the

presiding judge may personally display the evidence, or order an associate

judge or court clerk to do so.

(2) When examining material evidence ex officio, the presiding judge must

personally display the evidence to the persons concerned in the case or order

an associate judge or court clerk to do so.

Article 307 Material evidence whose purport serves as evidence is examined

pursuant to the preceding Article and Article 305.

Article 307-2 The provisions of Articles 296, 297, 300 to 302, and 304 to the

preceding Article do not apply to cases in which the ruling prescribed in Article

291-2 has been made, and the evidence may be examined by an appropriate

method on the trial date.

Article 308 The court must provide sufficient opportunity for the public

prosecutor and the accused or the defense counsel to challenge the probative

value of the evidence.

Article 309 (1) The public prosecutor, the accused or the defense counsel may

raise objections regarding the examination of evidence.

(2) The public prosecutor, the accused or the defense counsel may, in addition to

the objections prescribed in the preceding paragraph, raise objections to the

dispositions of the presiding judge.

(3) The court must make a ruling on the objections raised under the preceding

two paragraphs.

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Article 310 Documentary or material evidence must be submitted to the court

without delay after the examination of said evidence; provided however, that a

transcript may be submitted instead of the original with the permission of the

court.

Article 311 (1) The accused may remain silent at all times or may refuse to

answer particular questions.

(2) If the accused makes a statement voluntarily, the presiding judge may ask

the accused any necessary questions at any time.

(3) The associate judge, the public prosecutor, the defense counsel, the

codefendant or the defense counsel of said codefendant may, by notifying the

presiding judge, also ask questions as prescribed in the preceding paragraph.

Article 312 (1) The court must, upon the public prosecutor's request, allow the

addition, withdrawal or alteration of the counts or applicable penal statutes in

the charging sheet so far as this does not modify the identity of the charged

facts.

(2) The court may order the public prosecutor to add or alter a count or

applicable penal statute when the court deems it appropriate during the course

of the proceedings.

(3) The court must, when a count or applicable penal statute has been added,

withdrawn or altered, notify the accused of the part added, withdrawn or

altered promptly.

(4) The court must, when it deems the addition or alteration in the count or the

applicable penal statute may cause substantial disadvantage to the defense of

the accused, rule to suspend the trial for a period necessary for the accused to

prepare for a sufficient defense, upon the request of the accused or the defense

counsel.

Article 313 (1) The court may, when it deems it appropriate, upon the request of

the public prosecutor, the accused, the defense counsel or ex officio, rule to

separate or consolidate the proceedings, or reopen proceedings which have been

concluded.

(2) The court must, when it is necessary to protect the rights of the accused, rule

to separate the proceedings pursuant to the Rules of Court.

Article 313-2 (1) The appointment of defense counsel by the court, presiding

judge or a judge pursuant to the provisions of this Code remains in force even if

the proceedings have been consolidated; provided however, that this does not

apply if the court renders a different ruling.

(2) When rendering the ruling set forth under the proviso to the preceding

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paragraph, the court must first hear the opinions of the public prosecutor and

the accused or the defense counsel.

Article 314 (1) When the accused is in a state of insanity, the proceedings must

be suspended while the accused is in such state, after hearing the opinions of

the public prosecutor and the defense counsel; provided however, that when the

court clearly finds that the accused is not guilty or should be barred further

persecution, or that the case should be dismissed by reason of absolute

discharge or dismissal of prosecution, the court may immediately render these

judgments without the appearance of the accused.

(2) When the accused is unable to appear at the trial due to illness, the

proceedings must, upon hearing the opinions of the public prosecutor and the

defense counsel, be ruled to be suspended until it becomes possible for the

accused to appear; provided however, that this does not apply when a

representative appears pursuant to the provisions of Articles 284 and 285.

(3) When a witness essential to fact finding cannot appear on the trial date due

to illness, the court must suspend the proceedings until it becomes possible for

the witness to appear, except when the court deems it appropriate to examine

the witness on a day other than the trial date.

(4) Prior to suspending the trial pursuant to the preceding three paragraphs, the

court must hear the opinion of a medical doctor.

Article 315 When one of the judges has been changed after the trial has been

convened, the court proceedings must be renewed; provided however, that this

does not apply when the court pronounces a judgment.

Article 315-2 If the ruling prescribed in Article 291-2 has been rescinded, the

proceeding must be renewed; provided however, that this does not apply when

there is no objection from the public prosecutor and the accused or the defense

counsel.

Article 316 The proceedings conducted by a single judge of a district court

remain in force, even if the case should have been tried by a panel.

Section 2 Proceedings for Arranging Issues and Evidence

Subsection 1 Pretrial Arrangement Proceedings

Division 1 General Rules

Article 316-2 (1) When a court deems it necessary to conduct productive

proceedings of a trial consecutively, systematically and speedily, the court may,

upon request from a public prosecutor, the accused or the defense counsel or ex

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officio, render a ruling to order that the case be subject to a pretrial

arrangement proceeding as trial preparation for arrangement of the issues and

evidence of the case prior to the first trial date.

(2) When a court renders a ruling under the preceding paragraph or a ruling to

dismiss the request under the same paragraph, the court must hear the

opinions of the public prosecutor and the accused or the defense counsel in

advance pursuant to the provisions of the Rules of Court.

(3) A pretrial arrangement proceeding shall be conducted by having the persons

concerned in the case appear and make a statement, or having them submit

documents, pursuant to the provisions of this Subsection.

Article 316-3 (1) The court must endeavor to ensure sufficient preparation in the

pretrial arrangement proceeding and, insofar as possible, have speedy

conclusion of the proceeding in order to conduct productive proceedings of the

trial consecutively, systematically and speedily.

(2) In order to have productive proceedings which are conducted consecutively,

systematically and speedily, the persons concerned in the case must, in a

pretrial arrangement proceeding, cooperate with one another and also must

cooperate with the court willingly in the conduct of the proceeding.

Article 316-4 (1) A pretrial arrangement proceeding may not be conducted when

there is no defense counsel for the accused.

(2) If there is no defense counsel for the accused in a pretrial arrangement

proceeding, the presiding judge must appoint defense counsel ex officio.

Article 316-5 In a pretrial arrangement proceeding, the following actions may be

taken:

(i) clarification of the counts or applicable penal statutes;

(ii) permission for addition, withdrawal or alteration of the counts or applicable

penal statutes;

(iii) arrangement of the issues of the case by having the allegation, which is

planned to be given on the trial date, disclosed;

(iv) having a request for examination of evidence made;

(v) disclosure of the facts to be proved, the particulars to be examined and

other particulars relating to the evidence requested pursuant to the

provisions of the preceding item;

(vi) confirmation of the opinion concerning the request for examination of

evidence (including whether or not to give the consent prescribed in Article

326 for the documentary evidence);

(vii) rendering of a ruling to examine the evidence or dismiss the request for

examination of evidence;

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(viii) decision on the order and method of examining the evidence for which a

ruling for examination has been made;

(ix) rendering of a ruling on the filing of an objection against the examination

of evidence;

(x) rendering of a ruling on the disclosure of evidence pursuant to the

provisions of division 3;

(xi) rendering of a ruling on a request to participate in the proceedings of the

case pursuant to the provisions of Article 316-33, paragraph (1), or a ruling

to revoke such ruling;

(xii) setting or changing of the trial dates and a decision on other necessary

particulars for the proceedings of the trial.

Article 316-6 (1) The presiding judge must set the date of the pretrial

arrangement proceeding when said judge is to have persons concerned in the

case appear.

(2) The date of the pretrial arrangement proceeding must be notified to the

public prosecutor, the accused and the defense counsel.

(3) The presiding judge may change the date of the pretrial arrangement

proceeding upon the request of the public prosecutor, the accused or the

defense counsel or ex officio. In this case, the presiding judge must hear the

opinions of the public prosecutor and the accused or the defense counsel in

advance pursuant to the Rules of Court.

Article 316-7 When the public prosecutor or the defense counsel does not appear

on the date of the pretrial arrangement proceeding, the proceedings on that

date may not be conducted.

Article 316-8 (1) When the defense counsel does not appear on the date of the

pretrial arrangement proceeding or when said defense counsel leaves the

proceeding, the presiding judge must appoint defense counsel ex officio.

(2) When there is a risk that the defense counsel will not appear on the date of

the pretrial arrangement proceeding, the court may appoint defense counsel ex

officio.

Article 316-9 (1) The accused may appear on the date of the pretrial

arrangement proceeding.

(2) When the court deems it to be necessary, it may ask the accused to appear on

the date of the pretrial arrangement proceeding.

(3) When the accused is to appear at the pretrial arrangement proceeding, the

presiding judge must, on the first date that the accused is to appear, begin by

giving notification to the accused that said person may remain silent at all

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times or may refuse to answer particular questions.

Article 316-10 When the court deems it necessary to confirm the intention of the

accused for a statement given by the defense counsel or a document to be

submitted by the defense counsel, the court may, on the date of the pretrial

arrangement proceeding, ask the accused questions and have the defense

counsel submit a document which is signed jointly by the accused.

Article 316-11 The court may (excluding the provisions of Article 316-5, items

(ii), (vii), and (ix) to (xi)) order a member of a panel to put the case into a

pretrial arrangement proceeding. In this case, the authorized judge has the

same authority as the court or the presiding judge.

Article 316-12 (1) A court clerk must attend on the date of the pretrial

arrangement proceeding.

(2) The court proceedings on the dates of the pretrial arrangement proceeding

must be recorded in the records of the pretrial arrangement proceeding

pursuant to the Rules of Court.

Division 2 Arrangement of Issues and Evidence

Article 316-13 (1) When a case is put into a pretrial arrangement proceeding, the

public prosecutor must submit documents in which facts planned to be proven

are described ("facts planned to be proven" means the facts which are planned

to be proven by evidence on the trial date; the same applies hereinafter) to the

court and must also send them to the accused or the defense counsel. In this

case, the public prosecutor may not describe any item from which prejudice or

a preconception of the case is likely to arise based on materials which are not

qualified for evidence or which are not intended to be requested for

examination in court, described in the documents.

(2) The public prosecutor must request the examination of evidence which is to be

used to prove facts planned to be proven prescribed in the preceding paragraph.

(3) Article 299, paragraph (1) does not apply to the request for the examination of

evidence prescribed in the preceding paragraph.

(4) The court is to, upon hearing the opinions of the public prosecutor and the

accused or the defense counsel, set a deadline for the submission and delivery

of the documents prescribed in paragraph (1) and the request prescribed in

paragraph (2).

Article 316-14 (1) A public prosecutor must promptly disclose the evidence the

prosecutor has requested to examine pursuant to the provisions of paragraph

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(2) of the preceding Article (hereinafter referred to as "evidence for

examination requested by the public prosecutor") to the accused or the defense

counsel by the means provided in the following items according to each

category set forth in each item:

(i) in the case of documentary evidence or an article of evidence, an opportunity

is given to inspect (for the defense counsel, to inspect and copy) the

documentary evidence or article of evidence; or

(ii) in the case of a witness, an expert witness, an interpreter or a translator,

an opportunity is given to learn of the person's name and address and to

inspect (for the defense counsel, to inspect and copy) the person's recorded

statement documents, which reveal the content of that the person is

considered to state on the trial date (when there are no recorded statement

documents, or those documents are found inappropriate to be inspected,

documents that include an outline of the content of that the person is

considered to state on the trial date).

(2) Upon request from the accused or the defense counsel after the disclosure of

evidence pursuant to the provisions of the preceding paragraph, a public

prosecutor must promptly deliver to the accused or the defense counsel a list of

the evidence held by the public prosecutor.

(3) The list referred to in the preceding paragraph must include matters provided

in the following items by evidence according to each category set forth in each

item:

(i) in the case of an article of evidence, the name and quantity;

(ii) in the case of a statement recorded and taken down in writing with the

signature or seal of the person making the statement, the title of the

document, the date of preparation, and the name of the person making the

statement; or

(iii) in the case of documentary evidence (excluding that set forth in the

preceding item), the title of the documentary evidence, the date of

preparation, and the name of the person preparing the documentary evidence.

(4) Notwithstanding the provisions of the preceding paragraph, a public

prosecutor may not be required to include any matter otherwise to be included

in the list referred to in paragraph (2) pursuant to the provisions of the

preceding paragraph, which is found to be likely to cause any of the following

risks if it is included in the list:

(i) risk that the body or property of any person may be harmed or the person

may be threatened or confused;

(ii) risk that the reputation or peaceful social life of any person may be

seriously harmed; or

(iii) risk that the proof or investigation of the crime may be interfered.

(5) When a public prosecutor comes to hold new evidence after the delivery of the

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list pursuant to the provisions of paragraph (2), the public prosecutor must

promptly deliver to the accused or the defense counsel a list of the new

evidence the public prosecutor comes to hold. In this case, the provisions of the

preceding two paragraphs apply mutatis mutandis.

Article 316-15 (1) With regard to evidence other than that disclosed pursuant to

the provisions of paragraph (1) of the preceding Article, which falls under one

of the categories of evidence set forth in the following items and is found to be

important to determine the probative value of particular evidence for

examination requested by the public prosecutor, a public prosecutor must,

upon request for disclosure from the accused or the defense counsel, promptly

disclose it by the means provided in item (i) of the same paragraph when

finding it appropriate taking into account the extent of the importance and

other necessities of disclosure for preparation of the defense of the accused,

and the content and extent of possible harmful effects of disclosure; in this case,

the public prosecutor may, when finding it necessary, designate the time or

means of or set a condition for the disclosure:

(i) articles of evidence;

(ii) documents describing the results of an inspection by a court or a judge as

provided in Article 321, paragraph (2);

(iii) documents provided in Article 321, paragraph (3) or equivalent documents;

(iv) documents provided in Article 321, paragraph (4) or equivalent documents;

(v) recorded statement documents of:

(a) any person the public prosecutor has requested to examine as a witness;

or

(b) any person who has made a statement in the recorded statement

documents which the public prosecutor has requested to examine, and

whom the public prosecutor plans to request to examine as a witness if

consent referred to in Article 326 is not given with regard to those recorded

statement documents;

(vi) in addition to those set forth in the preceding item, the recorded statement

documents of any person other than the accused, which contain a statement

relating to the existence of a fact the public prosecutor plans to prove directly

from particular evidence for examination requested by the public prosecutor;

(vii) recorded statement documents of the accused;

(viii) documents which public prosecutors, public prosecutor's assistant officers

or judicial police officials are obliged to prepare in the course of duties under

the rules relating to interrogation records, in which the date, time, place and

other circumstances of the interrogation of a person under physical restraint

are recorded (limited to those concerning the accused, or a person set forth in

item (v), (a) or (b) who is under physical restraint or for whom prosecution

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has been instituted as an accomplice of the accused); or

(ix) recorded seizure procedure documents (meaning documents which public

prosecutors, public prosecutor's assistant officers or judicial police officials

are obliged to prepare in the course of duties under the rules relating to

seizure procedure records, in which the person who seized, the date, place

and other circumstances of the seizure of articles of evidence are recorded;

the same applies in the following paragraph and paragraph (3), item (ii), (a))

of articles of evidence which is evidence for examination requested by the

public prosecutor.

(2) The preceding paragraph also applies when the accused or the defense

counsel requests disclosure of recorded seizure procedure documents of articles

of evidence which is to be disclosed pursuant to the provisions of the same

paragraph (excluding those that have been disclosed pursuant to the provisions

of paragraph (1) of the preceding Article or the preceding paragraph), and it is

found appropriate taking into account the extent of the necessity of disclosure

to determine the probative value of particular evidence for examination

requested by the public prosecutor using those articles of evidence, and the

content and extent of possible harmful effects of disclosure.

(3) The accused or the defense counsel must, when requesting disclosure under

the preceding two paragraphs, clearly indicate matters provided in the

following items according to each category of the request for disclosure set

forth in each item:

(i) in the case of a request for disclosure under paragraph (1), the following

matters:

(a) a category of evidence set forth in each item of paragraph (1), and

sufficient particulars to identify the evidence requested to be disclosed; and

(b) the importance of the evidence requested to be disclosed to determine the

probative value of particular evidence for examination requested by the

public prosecutor and other reasons for which disclosure is necessary for

preparation of the defense of the accused in light of the content of the case

concerned, facts planned to be proven by particular evidence for

examination requested by the public prosecutor, the connection between

the evidence requested to be disclosed and the particular evidence for

examination requested by the public prosecutor, and other circumstances;

or

(ii) in the case of a request for disclosure under the preceding paragraph, the

following matters:

(a) sufficient particulars to identify the recorded seizure procedure

documents requested to be disclosed; and

(b) the reason for which disclosure is necessary to determine the probative

value of particular evidence for examination requested by the public

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prosecutor using articles of evidence to be disclosed pursuant to the

provisions of paragraph (1), in light of the connection between those

articles of evidence and the particular evidence for examination requested

by the public prosecutor, and other circumstances.

Article 316-16 (1) When the accused or the defense counsel receives the

documents under the provisions of Article 316-13, paragraph (1), and evidence

to be disclosed pursuant to the provisions of Article 316-14, paragraph (1) and

paragraphs (1) and (2) of the preceding Article is disclosed, the accused or the

defense counsel must, with regard to evidence for examination requested by

the public prosecutor, clearly indicate their opinion on whether said person will

consent pursuant to the provisions of Article 326 or whether said person has no

objection relating to the request of examination.

(2) The court may, upon hearing the opinions of the public prosecutor and the

accused or the defense counsel, set a deadline for the clarification of the

opinion prescribed in the preceding paragraph.

Article 316-17 (1) When the accused or the defense counsel receives the

documents under Article 316-13, paragraph (1), and evidence to be disclosed

pursuant to the provisions of Article 316-14, paragraph (1) and Article 316-15,

paragraphs (1) and (2) is disclosed, the accused or the defense counsel must

reveal to the court and the public prosecutor the facts planned to be proven and

other factual or legal allegations planned to be put forth on the trial date, if

any. In this case, the provisions of the second sentence of Article 316-13,

paragraph (1) apply mutatis mutandis.

(2) When the accused or the defense counsel plans to prove certain facts as

prescribed in the preceding paragraph, said person must request examination

of the evidence for use in proving the facts. In this case, the provisions of

Article 316-13, paragraph (3) apply mutatis mutandis.

(3) The court may, upon hearing the opinions of the public prosecutor and the

accused or the defense counsel, set a deadline for clarification of the allegation

prescribed in paragraph (1) and the request prescribed in the preceding

paragraph.

Article 316-18 The accused or the defense counsel must promptly disclose the

evidence which said person has requested to be examined pursuant to the

provisions of paragraph (2) of the preceding Article to the public prosecutor by

the following means according to each category of evidence:

(i) in the case of documentary evidence or articles of evidence, an opportunity

is given to inspect and copy the documentary evidence or the articles of

evidence;

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(ii) in the case of a witness, expert witness, interpreter or translator, an

opportunity is given to learn of their names and addresses and to inspect and

copy their recorded statement documents which reveal the content of that

which they are supposed to state on the trial date (documents which contain

an outline of the content that they are supposed to state on the trial date

when there are no such recorded statement documents or when such

materials are deemed inappropriate for inspection).

Article 316-19 (1) If the public prosecutor is disclosed evidence which should be

disclosed pursuant to the provisions of the preceding Article, with regard to the

evidence for examination requested by the accused or the defense counsel

pursuant to the provisions of Article 316-17, paragraph (2), the public

prosecutor must clearly indicate their opinion on whether said prosecutor will

consent pursuant to the provisions of Article 326 or whether said prosecutor

has no objection relating to the request for examination.

(2) The court may, after hearing the opinions of the public prosecutor and the

accused or the defense counsel, set a deadline for clarification of the opinion

prescribed in the preceding paragraph.

Article 316-20 (1) With regard to evidence other than that disclosed pursuant to

the provisions of Article 316-14, paragraph (1) and Article 316-15, paragraphs

(1) and (2), which is found to be relevant to allegations referred to in Article

316-17, paragraph (1), a public prosecutor must, upon request for disclosure

from the accused or the defense counsel, promptly disclose it by the means

provided in Article 316-14, paragraph (1), item (i) when finding it appropriate

taking into account the extent of the relevance and other necessities of

disclosure for preparation of the defense of the accused, and the content and

extent of possible harmful effects of disclosure. In this case, the public

prosecutor may, when finding it necessary, designate the time or means of or

set a condition for the disclosure.

(2) The accused or the defense counsel must, when requesting disclosure under

the preceding paragraph, clearly indicate the following matters:

(i) sufficient particulars to identify the evidence requested to be disclosed;

(ii) relevance between the allegations referred to in Article 316-17, paragraph

(1) and the evidence requested to be disclosed, and other reasons for which

disclosure is necessary for preparation of the defense of the accused.

Article 316-21 (1) When a public prosecutor finds it necessary to add or alter

facts planned to be proven after the proceedings provided in Article 316-13

through the preceding Article (excluding Article 316-14, paragraph (5)) have

been completed, the public prosecutor must promptly submit to the court and

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send to the accused or the defense counsel a document describing the facts

planned to be proven which are to be added or altered. In this case, the

provisions of the second paragraph of Article 316-13, paragraph (1) apply

mutatis mutandis.

(2) When a public prosecutor finds it necessary to add a request for examination

of evidence to be used to prove facts planned to be proven, the prosecutor must

promptly make a request for examination of the evidence to be added. In this

case, the provisions of Article 316-13, paragraph (3) apply mutatis mutandis.

(3) A court may, after hearing the opinions of the public prosecutor and the

accused or the defense counsel, set deadlines for submitting and sending the

document under paragraph (1) and making the request under the preceding

paragraph.

(4) The provisions of Article 316-14, paragraph (1), Article 316-15 and Article

316-16 apply mutatis mutandis to the evidence requested to be examined by a

public prosecutor pursuant to the provisions of paragraph (2).

Article 316-22 (1) When the accused or the defense counsel finds it necessary to

add or modify allegations referred to in Article 316-17, paragraph (1) after the

proceedings provided in Articles 316-13 through 316-20 (excluding Article 316-

14, paragraph (5)) have been completed, that accused or defense counsel must

promptly reveal the allegations to be added or modified to the court and the

public prosecutor. In this case, the provisions of the second sentence of Article

316-13, paragraph (1) apply mutatis mutandis.

(2) When the accused or the defense counsel deems it necessary to add a request

for examination of evidence which will be used to prove facts planned to be

proven, said person must promptly request examination of the evidence to be

added. In this case, the provisions of Article 316-13, paragraph (3) apply

mutatis mutandis.

(3) The court may, upon hearing the opinions of the public prosecutor and the

accused or the defense counsel, set deadlines for clarification of the allegation

prescribed in paragraph (1) and the request prescribed in the preceding

paragraph.

(4) The provisions of Article 316-18 and 316-19 apply mutatis mutandis to the

evidence which is requested for examination by the accused or the defense

counsel pursuant to the provisions of paragraph (2).

(5) The provisions of Article 316-20 apply mutatis mutandis to the evidence

which is deemed to be connected to the allegation to which an addition or

alteration should be made pursuant to the provisions of paragraph (1).

Article 316-23 (1) The provisions of Articles 299-2 and 299-3 apply mutatis

mutandis when a public prosecutor or a defense counsel discloses evidence

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pursuant to the provisions of this Division.

(2) The provisions of Article 299-4 apply mutatis mutandis when a public

prosecutor is to disclose evidence pursuant to the provisions of Article 316-14,

paragraph (1) (including cases when these provisions are applied mutatis

mutandis pursuant to Article 316-21, paragraph (4)).

(3) The provisions of Articles 299-5 through 299-7 apply mutatis mutandis when

a public prosecutor has taken measures pursuant to the provisions of Article

299-4, paragraphs (1) through (4) as applied mutatis mutandis pursuant to the

preceding paragraph.

Article 316-24 In concluding the pretrial arrangement proceeding, the court

must confirm the results of the arrangement of issues and evidence of the case

with the public prosecutor and the accused or the defense counsel.

Division 3 Ruling Relating to the Disclosure of Evidence

Article 316-25 (1) When a court finds it necessary taking into account the extent

of the necessity of disclosure of evidence, the content and extent of the possible

harmful effects of disclosure and other circumstances, the court may render a

ruling to designate the time or means of or set a condition for the disclosure of

the evidence to be disclosed pursuant to the provisions of Article 316-14,

paragraph (1) (including cases when these provisions are applied mutatis

mutandis pursuant to Article 316-21, paragraph (4)) upon request from a

public prosecutor, or the evidence to be disclosed pursuant to the provisions of

Article 316-18 (including cases when these provisions are applied mutatis

mutandis pursuant to Article 316-22, paragraph (4)) upon request from the

accused or the defense counsel.

(2) If the court makes a ruling for the request prescribed in the preceding

paragraph, it must hear the opinion of the opponent.

(3) An immediate appeal against the ruling prescribed in paragraph (1) may be

filed.

Article 316-26 (1) When a court finds that a public prosecutor has not disclosed

the evidence to be disclosed pursuant to the provisions of Article 316-14,

paragraph (1) or Article 316-15, paragraph (1) or (2) (including cases when

these provisions are applied mutatis mutandis pursuant to Article 316-21,

paragraph (4)) or Article 316-20, paragraph (1) (including cases when these

provisions are applied mutatis mutandis pursuant to Article 316-22, paragraph

(5)), or the accused or the defense counsel has not disclosed the evidence to be

disclosed pursuant to the provisions of Article 316-18 (including cases when

these provisions are applied mutatis mutandis pursuant to Article 316-22,

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paragraph (4)), the court may, upon request from the opponent, render a ruling

to order the disclosure of that evidence. In this case, the court may designate

the time or means of or set a condition for the disclosure.

(2) If the court makes a ruling for the request prescribed in the preceding

paragraph, it must hear the opinion of the opponent.

(3) An immediate appeal against the ruling prescribed in paragraph (1) may be

filed.

Article 316-27 (1) If the court deems it necessary in making a ruling for the

request prescribed in Article 316-25, paragraph (1) or paragraph (1) of the

preceding Article, it may order the public prosecutor, the accused or the

defense counsel to present the evidence which is requested. In this case, the

court may not let anyone inspect or copy the evidence.

(2) If the court deems it necessary in making a ruling for the request made by the

accused or the defense counsel prescribed in paragraph (1) of the preceding

Article, it may order the public prosecutor to present a list of the evidence that

said prosecutor holds which falls within the range specified by the court. In

this case, the court may not let anyone inspect or copy the list.

(3) The provisions of paragraph (1) apply mutatis mutandis to the court where

the immediate appeal prescribed in the provisions of Article 316-25, paragraph

(3) or paragraph (3) of the preceding Article is pending and the provisions of

the preceding paragraph apply mutatis mutandis to the court where the

immediate appeal prescribed in the provisions of paragraph (3) of the same

Article is pending.

Subsection 2 Inter-trial Arrangement Proceedings

Article 316-28 (1) When a court finds it necessary during the course of the

proceedings, the court may, upon request from a public prosecutor, the accused

or the defense counsel, or ex officio, render a ruling to order that the case be

subject to an inter-trial arrangement proceeding as trial preparation for

arrangement of the issues and evidence of the case after the first trial date.

(2) The provisions of the preceding Subsection (excluding the provisions of Article

316-2, paragraph (1) and Article 316-9, paragraph (3)) apply mutatis mutandis

to the inter-trial arrangement proceeding. In this case, the evidence that the

public prosecutor, the accused or the defense counsel requested to be examined

before the ruling prescribed in the preceding paragraph is deemed to be the

evidence that was requested to be examined in the inter-trial arrangement

proceeding and the words "the date of the pretrial arrangement proceeding"

prescribed in Articles 316-6 to 316-10 and 316-12 are deemed to be "the date of

the inter-trial arrangement proceeding" and the word "the records of the

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pretrial arrangement proceeding" prescribed in paragraph (2) of the same

Article is deemed to be "the records of the inter-trial arrangement proceeding."

Subsection 3 Special Provisions for Trial Proceedings

Article 316-29 When a case has been placed into a pretrial arrangement

proceeding or an inter-trial arrangement proceeding, the court may not be

convened without the presence of the defense counsel even if it is not the case

prescribed in Article 289, paragraph (1).

Article 316-30 With regard to a case which has been placed in a pretrial

arrangement proceeding, when the accused or the defense counsel has facts

which must be proved by evidence or any other factual or legal allegations, said

person must clearly reveal them after the proceeding prescribed in Article 296.

In this case, the provisions of the proviso of the same Article apply mutatis

mutandis.

Article 316-31 (1) With regard to a case which has been placed in a pretrial

arrangement proceeding, the court must, pursuant to the Rules of Court, reveal

the results of the proceeding on the trial date after the proceeding prescribed

in the preceding Article.

(2) With regard to a case which has been placed in an inter-trial arrangement

proceeding, the court must, pursuant to the Rules of Court, reveal the results

of the proceeding on the trial date after the proceeding.

Article 316-32 (1) With regard to a case which has been placed in a pretrial

arrangement proceeding or an inter-trial arrangement proceeding,

notwithstanding the provisions of Article 298, paragraph (1), the public

prosecutor and the accused or the defense counsel may not request

examination of evidence after the end of the pretrial arrangement proceeding

or the inter-trial arrangement proceeding, except evidence that was not able to

be requested in the proceeding because of unavoidable reasons.

(2) The provisions of the preceding paragraph do not prevent the court from

examining evidence ex officio when the court deems it to be necessary.

Section 3 Victim Participation

Article 316-33 (1) When the victim or others concerned in the case under public

prosecution that involves one of the following crimes, or the legal

representative of that victim or an attorney who has been entrusted by those

persons makes a request to participate in the proceedings of that case, and a

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court finds it appropriate after hearing the opinions of the accused or the

defense counsel and taking into account the nature of the crime, the

relationship with the accused and other circumstance, the court may render a

ruling to allow the victim or others, or the legal representative of that victim to

participate in the proceedings of that case:

(i) crimes causing death or injury to a person through an intentional criminal

act;

(ii) crimes under Articles 176 through 179, Article 211, Article 220 or Articles

224 through 227 of the Penal Code;

(iii) in addition to the crimes set forth in the preceding items, crimes whose

criminal acts include the criminal acts of these crimes (except for the crimes

set forth in item (i));

(iv) crimes under Article 4, Article 5, or Article 6, paragraph (3) or (4) of the

Act on Punishment of Acts Inflicting Death or Injury on Others by Driving a

Motor Vehicle, etc. (Act No. 86 of 2013); or

(v) attempts of the crimes set forth in items (i) through (iii).

(2) The request under the preceding paragraph must be made to a public

prosecutor in advance. In this case, the public prosecutor shall notify the court

of this request together with the public prosecutor's opinion.

(3) When it becomes clear that the person allowed to participate in the

proceedings of the case under public prosecution pursuant to the provisions of

paragraph (1) (hereinafter referred to as the "Participating Victim") is not or

no longer is the victim or others concerned, or legal representative of the victim

in that case, or when that case no longer falls under the category of a case that

involves a crime set forth in any of items of the same paragraph due to the

withdrawal or alteration of the applicable penal statute pursuant to the

provisions of Article 312, a court may render a ruling to revoke the ruling set

forth under the same paragraph. The same applies when a court comes to find

that it is inappropriate to allow participation in the proceedings of the case

under public prosecution taking into account the nature of the crime, the

relationship with the accused and other circumstances.

Article 316-34 (1) The Participating Victim or the entrusted attorney may

appear on the trial dates.

(2) The Participating Victim must be notified of the trial dates.

(3) Where there are a large number of Participating Victims or entrusted

attorneys, the court may request all or some of said persons to select a

representative from among themselves to appear on the trial dates when it

deems it to be so necessary.

(4) The court may, taking into consideration the state of the proceedings, the

number of Participating Victims or entrusted attorneys or other circumstances

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and when it deems it to be inappropriate, decide not to permit appearance on

all or some of the trial dates.

(5) The provisions of each of the preceding paragraphs apply mutatis mutandis to

cases where witnesses are to be examined or inspection is to be conducted in

the trial preparation.

Article 316-35 The Participating Victim or the entrusted attorney may state an

opinion to the public prosecutor relating to the authority exercised by the

public prosecutor pursuant to the provisions of this Code with regard to the

case. In this case, if the public prosecutor exercises or does not exercise their

authority, where necessary, said prosecutor must explain the reason for this to

the person who stated such opinion.

Article 316-36 (1) In examining witnesses, if the Participating Victim or the

entrusted attorney makes a request to examine a witness, the court is to hear

the opinion of the accused or the defense counsel and, taking into consideration

the state of the proceedings, the content of the particulars of the request for

examination, the number of persons making the request and other

circumstances, permit the person who made the request to examine the witness

on particulars necessary to challenge the probative value of the statements of

the witness with regard to the particulars relating to the circumstances (except

for particulars relating to fact-finding) when it finds appropriate.

(2) The request set forth under the preceding paragraph must be made to the

public prosecutor clarifying the particulars to be examined immediately after

conclusion of the examination by the public prosecutor (where the prosecutor

does not conduct an examination, after the examination by the accused or the

defense counsel). In this case, the public prosecutor must notify this to the

court together with the prosecutor's opinion except in cases where said

prosecutor is to personally examine said particulars.

(3) Other than the cases provided in Article 295, paragraphs (1) through (4), the

presiding judge may place restrictions on an examination if the examination

made by the Participating Victim or the entrusted attorney leads to particulars

other than the particulars provided in paragraph (1).

Article 316-37 (1) The court is to, when the Participating Victim or the entrusted

attorney has made a request to ask the accused questions seeking the

statement set forth in Article 311, paragraph (2), hear the opinion of the

accused or the defense counsel and when it deems it necessary for the purpose

of the Participating Victim or entrusted attorney stating an opinion pursuant

to the provisions of this Code, it is to permit the person who made the request

to ask the accused questions when it finds appropriate, taking into

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consideration the state of the proceedings, the content of the particulars to be

asked subject to the request, the number of persons making the request and

other circumstances.

(2) The request set forth in the preceding paragraph must be made to the public

prosecutor clarifying the particulars to be asked in advance. In this case, the

public prosecutor is to notify the court of this, together with the prosecutor's

opinion except in cases where said prosecutor is to personally request a

statement on such particulars.

(3) Other than the cases provided in Article 295, paragraphs (1), (3) and (4), the

presiding judge may place restrictions on a question if the question asked by

the Participating Victim or the entrusted attorney leads to particulars

irrelevant to those necessary for the purpose of the statement of opinions

provided in paragraph (1).

Article 316-38 (1) The court is to, when the Participating Victim or the entrusted

attorney makes a request to state an opinion on the finding of facts or the

application of law, if it finds appropriate, permit the person who made the

request to state an opinion on the trial date within the scope of facts specified

as counts after the public prosecutor has stated an opinion pursuant to the

provisions of Article 293, paragraph (1), taking into consideration the state of

the proceedings, the number of persons making the request and other

circumstances.

(2) The request set forth in the preceding paragraph must be made to the public

prosecutor giving an outline of the opinion to be stated in advance. In this case,

the public prosecutor is to notify the court of this together with the prosecutor's

opinion.

(3) Other than the cases provided in Article 295, paragraphs (1), (3) and (4), the

presiding judge may place restrictions on the statement of opinions if an

opinion stated by the Participating Victim or the entrusted attorney is outside

the scope provided in paragraph (1).

(4) The statement pursuant to the provisions of paragraph (1) is not to constitute

evidence.

Article 316-39 (1) If the Participating Victim appears on the trial date or in the

trial preparation pursuant to the provisions of Article 316-34, paragraph (1)

(including cases to which these provisions apply mutatis mutandis pursuant to

the provisions of paragraph (5) of the same Article; the same applies

hereinafter in paragraph (4)), when, taking into account the Participating

Victim's age, mental or physical condition or other circumstances, the

Participating Victim is likely to feel extreme anxiety or tension, the court may,

after hearing the opinions of the public prosecutor and the accused or the

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defense counsel, have the Participating Victim accompanied by a person who is

appropriate for easing the Participating Victim's anxiety or tension, and is

unlikely to disturb the examination of the witness by a judge or persons

concerned in the case or an act seeking a statement from the accused, or the

statement of persons concerned in the case, or is unlikely to unduly influence

the content of the statements.

(2) The person accompanying the Participating Victim pursuant to the provisions

of the preceding paragraph must not behave in any manner which may disturb

examination of the witness by a judge or persons concerned in the case or an

act seeking a statement from the accused, or the statement of persons

concerned in the case, or which will unduly influence the content of the

statements.

(3) Where the court deems that the person permitted to accompany the

Participating Victim pursuant to the provisions of paragraph (1) is likely to

disturb examination of the witness by a judge or persons concerned in the case

or an act seeking a statement from the accused, or the statement of persons

concerned in the case, or is likely to unduly influence the contents of the

statements, or otherwise deems that it is inappropriate to have the person

accompany the Participating Victim, it may rule to revoke the ruling set forth

in the same paragraph.

(4) The court may take measures between the accused and the Participating

Victim so that the accused is unable to discern the presence of the

Participating Victim limited to only when defense counsel is present, if the

Participating Victim appears on the trial date or in the trial preparation

pursuant to the provisions of Article 316-34, paragraph (1), after hearing the

opinions of the public prosecutor and the accused or the defense counsel, when

the pressure which the Participating Victim is under is likely to negatively

affect their mental wellbeing while being present, being examined, questioned

or testifying in the presence of the accused and finding it appropriate, taking

into account the nature of the crime, the Participating Victim's age, mental or

physical condition, relationship with the accused, or due to other circumstances.

(5) The court may take measures so that the spectators and the Participating

Victim cannot be aware of each other's presence, if the Participating Victim

appears on the trial date pursuant to the provisions of Article 316-34,

paragraph (1), after hearing the opinions of the public prosecutor and the

accused or the defense counsel, when it finds appropriate, taking into account

the nature of the crime, the Participating Victim's age, mental or physical

condition or effects upon said Participating Victim's reputation or other

circumstances,.

Section 4 Evidence

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Article 317 Facts are established on the basis of evidence.

Article 318 The probative value of evidence is left to the free discretion of the

judge.

Article 319 (1) Confession under coercion, torture, threats, after unduly

prolonged detention or when there is doubt about said confession being

voluntary may not be admitted as evidence.

(2) The accused may not be convicted when the confession, whether it was made

in open court or not, is the only piece of incriminating evidence.

(3) The confession prescribed in the preceding two paragraphs includes

admission of guilt regarding the charged offense.

Article 320 (1) No document nor statement of another person made on a day

other than the trial date may be used as evidence in lieu of a statement made

on the trial date, unless as otherwise prescribed in Articles 321 to 328.

(2) When the ruling prescribed in Article 291-2 has been rendered, the provisions

of the preceding paragraph do not apply to the evidence; provided however,

that this does not apply to evidence to which the public prosecutor, the accused

or the defense counsel raises an objection.

Article 321 (1) A written statement made by a person other than the accused, or

the person's statement recorded and taken down in writing with the person's

signature or seal may be used as evidence only in the following cases:

(i) with regard to a document in which a statement made before a judge

(including those made through the means provided in Article 157-6,

paragraphs (1) and (2)), when the person who has made the statement is

unable to do so in the trial preparation or on the trial date due to death, a

mental or physical disorder, or being non est or out of the country, or when

that person makes a statement inconsistent with the previous statement in

the trial preparation or on the trial date;

(ii) with regard to a document in which a statement made before a public

prosecutor, when the person who has made the statement is unable to do so

in the trial preparation or on the trial date due to death, a mental or physical

disorder, or being non est or out of the country, or when that person makes a

statement in the trial preparation or on the trial date, which conflicts with or

substantially differs from the previous statement; provided, however, that

this is limited to the case when there are special circumstances that afford

the previous statement more credible than the statement made in the trial

preparation or on the trial date; and

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(iii) with regard to a document other than the documents set forth in the

preceding two items, when the person who has made the statement is unable

to do so in the trial preparation or on the trial date due to death, a mental or

physical disorder, or being non est or out of the country, and that statement

is essential to prove or disprove the facts of the crime; provided, however,

that this is limited to the case when the previous statement is made under

special circumstances that afford the previous statement credible.

(2) A document which contains statements given by a person other than the

accused on the trial date or in the trial preparation, or which contains the

results of an inspection by a court or a judge may be used as evidence,

notwithstanding the provisions of the preceding paragraph.

(3) A document which contains the results of an inspection by a public prosecutor,

a public prosecutor's assistant officer or a judicial police official may be used as

evidence notwithstanding the provisions of paragraph (1), if the inspector

attends the trial as a witness on the trial date and verifies upon examination

the authenticity of the document that was prepared.

(4) The provisions of the preceding paragraph are applied to a document made by

an expert which describes the process and conclusion of the expert examination.

Article 321-2 (1) Notwithstanding the provisions of paragraph (1) of the

preceding Article, a written statement, part of which is accompanied with a

recording medium on which the examination and testimony of a witness made

through the means provided in Article 157-6, paragraph (1) or (2) during

criminal proceedings other than those in the trial preparation or on the trial

date of the case under public prosecution or during criminal proceedings of

other case, and the circumstances surrounding the examination and testimony

are recorded, may be used as evidence. In this case, a court must give the

persons concerned in the case an opportunity to examine those who have made

statements as witnesses, after the examination of the written statement.

(2) When a court examines a written statement pursuant to the provisions of the

preceding paragraph, the provisions of the proviso of Article 305, paragraph (5)

do not apply.

(3) The statement recorded in the written statement examined pursuant to the

provisions of paragraph (1) of this Article is deemed to have been made on the

trial date of the case under public prosecution, when applying the first part of

Article 295, paragraph (1), and paragraph (1), item (i) and item (ii) of the

preceding Article.

Article 322 (1) A written statement made by the accused or a written statement

recording the statement of the accused which has the accused's signature or

seal affixed by said person may be used as evidence, when the statement

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contains an admission of a disadvantageous fact, or is made under

circumstances that afford special credibility; provided however, that even if the

admission is not a confession, a document which contains an admission of a

disadvantageous fact may not be used as evidence when there is doubt about it

being voluntary as prescribed in Article 319.

(2) A written statement which records the statement of the accused on the trial

date or in the trial preparation may be used as evidence when the statement is

deemed to have been made voluntarily.

Article 323 A document other than those prescribed in the preceding three

Articles may be used as evidence if the document is:

(i) a transcript of a family register, a transcript of a notarized deed or other

documents on facts which a government employee (including an officer of a

foreign government) may certify and which is made by that government

employee;

(ii) an account book, a log book and other documents prepared in ordinary

social activities;

(iii) a document other than those prescribed in the preceding two items made

under circumstances that afford special credibility.

Article 324 (1) With regard to a statement made by a person other than the

accused on a trial date or in a trial preparation and which contains the

statement of the accused, the provisions of Article 322 apply mutatis mutandis

to it.

(2) With regard to a statement made by a person other than the accused on a

trial date or in a trial preparation which contains the statement of a person

other than the accused, the provisions of Article 321, paragraph (1), item (iii)

apply mutatis mutandis to it.

Article 325 The court may not use a document or statement which can be used

pursuant to the provisions of Article 321 to the preceding Article as evidence

unless the court has examined whether the statement in the document or in

the statement of other persons on the trial date or in the trial preparation has

been made voluntarily.

Article 326 (1) A document or statement that the public prosecutor or the

accused has consented for use as evidence may be used as evidence

notwithstanding the provisions of Articles 321 to 325 only when the court

deems it appropriate considering the circumstances in which the document or

statement was made.

(2) In cases when evidence may be examined without the appearance of the

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accused, it is deemed that the accused has given the consent prescribed in the

preceding paragraph when said accused does not appear at the trial; provided

however, that this does not apply when the representative or the defense

counsel appears at the trial.

Article 327 The court may, when the public prosecutor and the accused or the

defense counsel have agreed to write down the content of a statement that

contain the content of a certain document or a certain statement that a witness

would testify to on the trial date and have submitted such written statement to

the court, use it as evidence without examining the original or the witness.

However, the probative value of the document may be challenged regardless.

Article 328 A document or a statement, which cannot be used as evidence

pursuant to the provisions of Articles 321 to 324, may be used to challenge the

probative value of the statement of the accused, the witness or other persons

on the trial date or in the trial preparation.

Section 5 Decisions in Trials

Article 329 When a court has no jurisdiction over a case under public

prosecution, it must render a decision of lack of jurisdiction by a judgment;

provided however, that it may not render such decision on a case which has

been committed to a district court for trial pursuant to the provisions of Article

266, item (ii).

Article 330 When there is an institution of prosecution for a case falling under

the special jurisdiction of a high court and the high court finds the case falls

under the jurisdiction of a lower court, the high court must, on a ruling,

transfer the case to the court with jurisdiction notwithstanding the provisions

of the preceding Article.

Article 331 (1) A court may not render a decision of lack of territorial

jurisdiction without the petition of the accused.

(2) A petition for lack of jurisdiction may not be made after the commencement of

examination of evidence on a case under public prosecution.

Article 332 When a summary court finds it reasonable for the case to be tried by

a district court, it must, on a ruling, transfer the case to the district court with

jurisdiction.

Article 333 (1) When a case under public prosecution is proven to be a crime, a

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court must render a sentence by a judgment, except as provided in Article 334.

(2) The suspended execution of a sentence must be rendered by a judgment at the

same time as rendition of the sentence. The same applies to the case the person

is placed under probation during the period of suspended execution of the

sentence.

Article 334 Exculpation of a person under public prosecution must be rendered

by a judgment.

Article 335 (1) When pronouncing a sentence, the court must signify the facts

constituting the crime, the list of evidence, and the application of laws and

regulations.

(2) When it is being argued that there are legal grounds to prevent the State

from establishing that a crime has been committed, or that there are grounds

to increase or reduce the punishment, the court must render its judgment on

this.

Article 336 When a case under public prosecution does not constitute a crime or

has not been proven to be a crime, the court must render a verdict of not guilty

in its judgment.

Article 337 The court must bar further prosecution through a judgment if:

(i) a final and binding judgment has been reached in a case;

(ii) the punishment is repealed by laws and regulations established after the

crime;

(iii) there is a general pardon;

(iv) the statute of limitations expires.

Article 338 The court must make a judgment to render a dismissal of

prosecution when:

(i) it has no national jurisdiction over the accused;

(ii) the prosecution has been instituted in violation of Article 340;

(iii) there is an institution of prosecution for the same case in the same court;

(iv) the procedure of the institution of prosecution is ineffective because of

violation of the provisions.

Article 339 (1) The court must, render a dismissal of prosecution on a ruling

when:

(i) the institution of prosecution ceases to be effective in accordance with the

provisions of Article 271, paragraph (2);

(ii) the facts written in the charging sheet, although they may be true, do not

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include any facts constituting a crime;

(iii) the prosecution has been revoked;

(iv) the accused is deceased or a corporation which is the accused ceases to

exist;

(v) the case may not be tried in accordance with the provisions of Article 10 or

11.

(2) An immediate appeal against the ruling prescribed in the preceding

paragraph may be filed.

Article 340 When a ruling of dismissal of prosecution based on revocation of the

prosecution becomes final and binding, prosecution for the same case may be

instituted again only when there is the new discovery of an important fact.

Article 341 When the accused does not make any statement, and said person

leaves the court without permission, or is ordered to leave the court by the

presiding judge for the sake of maintenance of order, the court may render a

judgment without hearing said person's statement.

Article 342 Notice of judgments is given by being pronounced in open court.

Article 343 When a judgment to impose imprisonment without work or a greater

punishment is pronounced, the bail or suspension of execution of detention

loses its effect. In this case, the provisions of Article 98 apply mutatis

mutandis only when there is no new ruling of bail or suspension of execution of

detention.

Article 344 The provisions of the proviso to Article 60, paragraph (2) and Article

89 do not apply after a judgment to impose imprisonment without work or a

greater punishment has been pronounced.

Article 345 When there is a notification of a judicial decision of acquittal,

dismissal by a bar to prosecution, absolute discharge, suspended execution of a

sentence in whole, dismissal of prosecution (except as provided in Article 338,

item (iv)), a fine or a petty fine, the detention warrant loses its effect.

Article 346 When there is no rendition for the confiscating of seized objects, the

decision to release the seizure is deemed to have been rendered.

Article 347 (1) The court must order the return of seized property obtained

through a property crime when the reason necessitating return to the victim is

clear.

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(2) The preceding paragraph applies when there is a request by a victim for

delivery of an object which has been received in exchange for property obtained

through a property crime.

(3) When there is no particular rendition on a provisionally returned object, an

order for return is deemed to have been rendered.

(4) The provisions of the preceding three paragraphs do not prevent interested

parties from claiming their rights in accordance with the procedures of civil

actions.

Article 348 (1) If the court, in rendering a fine, petty fine or collection of a sum

of equivalent value, deems that it will be impossible or difficult to execute the

judgment should there be a delay until the judgment becomes final and binding,

the court may, upon a request by the public prosecutor or ex officio, order the

accused to provisionally pay an amount equal to the fine, petty fine or

collection of a sum of equivalent value.

(2) An order of provisional payment must be rendered at the same time as the

rendition of punishment by a judgment.

(3) A sentence for provisional payment may be executed immediately.

Article 349 (1) When a rendition to suspend an execution of the sentence is to be

revoked, a public prosecutor must make a request for the revocation to the

district, family or summary court which has jurisdiction over the present place

or the last domicile of the person who has been sentenced to punishment.

(2) When a rendition to suspend the execution of a sentence is to be revoked

pursuant to the provisions of Article 26-2, item (ii) or Article 27-5, item (ii) of

the Penal Code, a request under the preceding paragraph must be made based

on a proposal submitted by the director of a probation office.

Article 349-2 (1) When a request is made under the preceding Article, a court

must make a decision after hearing the opinion of the person to whom the

suspended execution of the sentence has been rendered or the person's

representative.

(2) In the case of the preceding paragraph, when the request is for the revocation

of rendition of the suspended execution of the sentence pursuant to the

provisions of Article 26-2, item (ii) or Article 27-5, item (ii) of the Penal Code

and there is a request by the persons to whom the suspended execution of the

sentence has been rendered, the proceeding must undergo an oral argument.

(3) When it comes to undergoing an oral argument to make the ruling prescribed

in paragraph (1), a person who has been rendered suspended execution of a

sentence is entitled to appoint defense counsel.

(4) When it comes to undergoing an oral argument to make the ruling prescribed

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in paragraph (1), the public prosecutor may, with the permission of the court,

have a probation officer state their opinion.

(5) An immediate appeal against the ruling prescribed in paragraph (1) may be

filed.

Article 350 If a punishment is to be determined pursuant to the provisions of

Article 52 of the Penal Code, the public prosecutor must request the court

which rendered the final judgment to do so. In this case, the provisions of

paragraphs (1) and (5) of the preceding Article apply mutatis mutandis.

Chapter IV Agreement on Cooperation in Collection of Evidence and

Prosecution

Section 1 Procedures for Agreement and Consultation

Article 350-2 (1) When a public prosecutor finds it necessary taking into account

the importance of evidence obtained if a suspect or the accused in a case

involving the specific crime performs one or more than one of the acts set forth

in item (i) with regard to another person's criminal case involving the specific

crime (hereinafter simply referred to as "another person's criminal case"), the

gravity and circumstances of the crime concerned, the extent of the relevance

of that crime concerned and other circumstances, the public prosecutor may

reach an agreement with the suspect or accused to the effect that the suspect

or accused performs one or more than one of the acts set forth in the same item

with regard to that another person's criminal case, and the public prosecutor

performs one or more than one of the acts set forth in item (ii) with regard to

the case of the suspect or accused.

(i) Acts set forth in the following:

(a) making a true statement in an interrogation conducted by the public

prosecutor, the public prosecutor's assistant officer or a judicial police

official pursuant to the provisions of Article 198, paragraph (1) or Article

223, paragraph (1);

(b) making a true statement when the suspect or accused is examined as a

witness; or

(c) in relation to the collection of evidence by the public prosecutor, the

public prosecutor's assistant officer or a judicial police official, submitting

evidence or providing other necessary cooperation (except those set forth in

(a) and (b)).

(ii) Acts set forth in the following:

(a) not instituting prosecution;

(b) withdrawing prosecution;

(c) instituting or maintaining prosecution using the specific count and

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applicable penal statute;

(d) requesting the addition or withdrawal of the specific count or applicable

penal statute, or the alteration of a count or an applicable penal statute to

the specific count or applicable penal statute;

(e) stating an opinion to the effect that the specific sentence should be

rendered to the accused, in the statement of opinions pursuant to the

provisions of Article 293, paragraph (1);

(f) filing a petition for expedited trial proceedings; or

(g) filing a request for a summary order.

(2) The "specific crime" provided in the preceding paragraph means one of the

following crimes (except those punishable by the death penalty, or life

imprisonment with or without work):

(i) crimes under Articles 96 through 96-6 or Article 155 of the Penal Code,

crimes that should be dealt with in the same manner as the same Article,

crimes under Article 157 of the same Code, crimes under Article 158 of the

same Code (limited to those pertaining to crimes under Article 155 of the

same Code, crimes that should be dealt with in the same manner as the same

Article, or crimes under Article 157, paragraph (1) or (2) of the same Code),

or crimes under Articles 159 through 163-5, Articles 197 through 197-4,

Article 198, Articles 246 through 250, or Articles 252 through 254 of the

same Code;

(ii) crimes under Article 3 of the Act on Punishment of Organized Crimes and

Control of Crime Proceeds (Act No. 136 of 1999; hereinafter referred to as the

"Organized Crime Punishment Act") pertaining to the crimes under

paragraph (1), items (i) through (iv), item (xiii) or item (xiv) of the same

Article, attempts of crimes under the same Article pertaining to the crimes

under item (xiii) or (xiv) of the same paragraph, or crimes under Article 10 or

11 of the Organized Crime Punishment Act;

(iii) in addition to those set forth in the preceding two items, crimes under laws

related to taxes, the Act on Prohibition of Private Monopolization and

Maintenance of Fair Trade (Act No. 54 of 1947) or the Financial Instruments

and Exchange Act (Act No. 25 of 1948), or other crimes provided by Cabinet

Order as finance and economy-related crimes;

(iv) crimes under the following law:

(a) Criminal Regulations to Control Explosives (Cabinet Ordinance No. 32 of

1884);

(b) Cannabis Control Act (Act No. 124 of 1948);

(c) Stimulants Control Act (Act No. 252 of 1951);

(d) Narcotics and Psychotropics Control Act (Act No. 14 of 1953);

(e) Ordnance Manufacturing Act (Act No. 145 of 1953);

(f) Opium Control Act (Act No. 71 of 1954);

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(g) Act for Controlling the Possession of Firearms or Swords and Other Such

Weapons (Act No. 6 of 1958); or

(h) Act Concerning Special Provisions for the Narcotics and Psychotropics

Control Act, etc. and Other Matters for the Prevention of Activities

Encouraging Illicit Conducts and Other Activities Involving Controlled

Substances through International Cooperation (Act No. 94 of 1991); or

(v) crimes under Article 103, 104 or 105-2 of the Penal Code, or crimes under

Article 7 of the Organized Crime Punishment Act (limited to those involving

persons set forth in paragraph (1), items (i) through (iii) of the same Article)

or Article 7-2 of the same Act (for any of these crimes, limited to those listed

in the preceding items, which are regarded as the crimes of the principal

offenders).

(3) In an agreement under paragraph (1), matters incidental to the acts

performed by the suspect or accused as set forth in item (i) of the same

paragraph, or the acts performed by the public prosecutor as set forth in item

(ii) of the same paragraph, and other necessary matters to achieve the purpose

of the agreement may be contained.

Article 350-3 (1) An agreement under paragraph (1) of the preceding Article

must be made with the consent of the defense counsel.

(2) An agreement under paragraph (1) of the preceding Article must be made in

writing signed by both of a public prosecutor, and a suspect or the accused and

the defense counsel, clearly stating the content of the agreement.

Article 350-4 The necessary consultation to make an agreement under Article

350-2, paragraph (1) shall be held between a public prosecutor, and a suspect

or the accused and the defense counsel; provided, however, that when the

suspect or accused and the defense counsel do not raise an objection, the public

prosecutor may consult only with the defense counsel in part.

Article 350-5 (1) In a consultation under the preceding Article, a public

prosecutor may request that a suspect or the accused should make a statement

on another person's criminal case. In this case, the provisions of Article 198,

paragraph (2) apply mutatis mutandis.

(2) A statement made by a suspect or the accused during a consultation under

the preceding Article may not be used as evidence if the agreement under

Article 350-2, paragraph (1) is not reached.

(3) The provisions of the preceding paragraph do not apply when any act

performed by a suspect or the accused during a consultation thereunder falls

under a crime under Article 103, 104 or 172 of the Penal Code or a crime under

Article 7 of the Organized Crime Punishment Act pertaining to the persons set

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forth in provisions of paragraph (1), item (i) or (ii) of the same Artic le, and a

statement made during the consultation is used in the cases involving these

crimes.

Article 350-6 (1) When a public prosecutor is start consultation under Article

350-4 with a suspect in a case referred or sent by a judicial police officer or a

case the public prosecutor finds that a judicial police officer is actually

investigating, the public prosecutor must consult with the judicial public

officer in advance.

(2) When a public prosecutor finds it necessary for the investigation of another

person's criminal case pertaining to a consultation under Article 350-4 taking

into account that a judicial police officer is actually investigating that another

person's criminal case and other circumstances, the public prosecutor may have

the judicial police officer request a statement pursuant to the provisions of

paragraph (1) of the preceding Article and perform other necessary acts for the

consultation. In this case, the judicial police officer may present the content of

the act set forth in item (ii) of Article 350-2, paragraph (1), which is proposed

by the public prosecutor to be the content of the agreement under the same

paragraph, to the extent that the public prosecutor individually delegates

powers to the judicial police officer.

Section 2 Special Provisions on Trial Procedure

Article 350-7 (1) When a public prosecutor reaches an agreement with a suspect

under Article 350-2, paragraph (1), and institutes prosecution with regard to

the suspect's case pertaining to the agreement, the public prosecutor must

request the examination of the document referred to in Article 350-3,

paragraph (2) (hereinafter referred to as the "statement of agreement") as

evidence without delay after the completion of the procedure under Article 291

(or if it has been ruled that the case be subject to a pretrial arrangement

proceeding, after that time). The same applies when a public prosecutor

reaches an agreement with the accused with regard to the accused's case after

institution of prosecution under Article 350-2, paragraph (1).

(2) When a public prosecutor requests the examination of the statement of

agreement pursuant to the provisions of the preceding paragraph, and is

notified by the party to the agreement that the party is to pull out of the

agreement pursuant to the provisions of Article 350-10, paragraph (2), the

public prosecutor must request the examination of the document referred to in

the same paragraph together with that statement of agreement.

(3) After a public prosecutor has requested the examination of the statement of

agreement pursuant to the provisions of paragraph (1), if the public prosecutor

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is notified by the party to the agreement that the party is to pull out of the

agreement pursuant to the provisions of Article 350-10, paragraph (2), the

public prosecutor must request the examination of the document referred to in

the same paragraph without delay.

Article 350-8 When a public prosecutor, the accused or the defense counsel

requests the examination of the recorded statement documents of a person

other than that accused, which have been prepared by the person based on an

agreement under Article 350-2, paragraph (1), or in or on which statements

made by the person based on an agreement under the same paragraph have

been recorded and taken down in writing or recorded, or a court decides to

examine those documents ex officio, the public prosecutor must request the

examination of the statement of agreement without delay. In this case, the

provisions of paragraphs (2) and (3) of the preceding Article apply mutatis

mutandis.

Article 350-9 When a public prosecutor, the accused or the defense counsel

requests the examination of a witness or a court decides to examine a witness

ex officio, and there is an agreement with the person who is to be the witness

under Article 350-2, paragraph (1) with regard to the witness's examination,

the public prosecutor must request the examination of the statement of

agreement without delay. In this case, the provisions of Article 350-7,

paragraph (3) apply mutatis mutandis.

Section 3 Termination of Agreement

Article 350-10 (1) When there are any of the grounds set forth in the following

items, the person provided in that item may pull out of an agreement under

Article 350-2, paragraph (1):

(i) when the party to the agreement under Article 350-2, paragraph (1) violates

the agreement, the other party to the agreement;

(ii) on the following grounds, the accused:

(a) when a public prosecutor requests the addition, withdrawal or alteration

of a count or an applicable penal statute based on the agreement under

Article 350-2, paragraph (1), pertaining to item (ii), (d) of the same

paragraph, and a court does not approve the request;

(b) when a court, with regard to the case in which a public prosecutor has

stated an opinion to the effect that the specific sentence should be rendered

to the accused, in the statement of opinions pursuant to the provisions of

Article 293, paragraph (1), based on the agreement under Article 350-2,

paragraph (1), pertaining to item (ii), (e) of the same paragraph, renders a

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sentence heavier than that sentence;

(c) with regard to the case for which a public prosecutor has filed a petition

for expedited trial proceedings based on the agreement under Article 350-2,

paragraph (1), pertaining to item (ii), (f) of the same paragraph, when a

court renders a ruling to dismiss the petition (only on the grounds that it

falls under the case set forth in Article 350-22, item (iii) or (iv)), or revoke

the ruling under Article 350-22 on the grounds that it comes to fall under

Article 350-25, paragraph (1), item (iii) or (iv) (with regard to item (iv),

except when it falls under the same item due to a statement made by the

accused, which is contrary to or substantially different from the statement

that the accused is guilty for the count written in the charging sheet); or

(d) with regard to the case for which a public prosecutor has filed a request

for a summary order based on the agreement under Article 350-2,

paragraph (1), pertaining to item (ii), (g) of the same paragraph, when a

court decides to try the case in accordance with regular provisions

pursuant to the provisions of Article 463, paragraph (1) or (2), or the public

prosecutor requests a formal trial pursuant to the provisions of Article 465,

paragraph (1); or

(iii) on the following grounds, a public prosecutor:

(a) when it becomes clear that the content of a statement made by a suspect

or the accused during a consultation under Article 350-4 with regard to

another person's criminal case is not true; or

(b) in addition to those set forth in item (i), when it becomes clear that the

content of a statement made by a suspect or the accused based on the

agreement under Article 350-2, paragraph (1) is not true, or evidence

submitted by a suspect or the accused based on the agreement under the

same paragraph is a counterfeit or an altered article.

(2) The party to an agreement shall pull out of the agreement pursuant to the

preceding paragraph by notifying the other party to the agreement of that the

party is to pull out of the agreement, in writing stating the reasons.

Article 350-11 With regard to the case in which a public prosecutor has made a

disposition not to institute prosecution based on an agreement under Article

350-2, paragraph (1), pertaining to item (ii), (a) of the same paragraph, if a

decision under Article 39-5, paragraph (1), item (i) or (ii) of the Act on

Committee for Inquest of Prosecution or a decision for institution of

prosecution under Article 41-6, paragraph (1) of the same Act is made, the

agreement ceases to be effective.

Article 350-12 (1) In the case of the preceding Article, even when prosecution is

instituted for the case pertaining to the decision, the statement made by the

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accused during a consultation under Article 350-4, evidence obtained by the act

of the accused based on the agreement and evidence obtained based on the

statement or evidence may not be used as evidence in the accused's criminal

case.

(2) The provisions of the preceding paragraph do not apply in the following cases:

(i) when it becomes clear that any act performed by the accused before the

decision provided in the preceding Article is made violates the agreement, or

the case comes to fall under the grounds set forth in Article 350-10,

paragraph (1), item (iii), (a) or (b);

(ii) when any act made by the accused as it is based on the agreement or during

the consultation falls under a crime under Article 350-15, paragraph (1), or

Article 103, 104, 169 or 172 of the Penal Code, or a crime under Article 7 of

the Organized Crime Punishment Act pertaining to the person set forth in

the provisions of paragraph (1), item (i) or (ii) of the same Article, and is

used in the case involving the crime; or

(iii) when the accused does not object to use as evidence.

Section 4 Ensuring the Performance of Agreement

Article 350-13 (1) If a public prosecutor, in violation of the agreement under

Article 350-2, paragraph (1), pertaining to item (ii), (a) through (d), (f) or (g) of

the same paragraph (with regard to the agreement pertaining to (c) of the same

item, limited to that made to the effect that prosecution is instituted using the

specific count and applicable penal statute), institutes prosecution, does not

withdraw prosecution, institutes prosecution using a different count and

applicable penal statute, maintains prosecution without requesting the

addition, withdrawal or alteration of the count or applicable penal statute, or

with requesting the addition or withdrawal of a different count or applicable

penal statute or the alteration of the count or applicable penal statute to a

different count or applicable penal statute, or institutes prosecution without

filing a petition for expedited trial proceedings or a request for a summary

order at the same time, a court must render a judgment to dismiss the

prosecution.

(2) If a public prosecutor requests the addition or alteration of a count or an

applicable penal statute in violation of an agreement under Article 350-2,

paragraph (1), pertaining to item (ii), (c) of the same paragraph (limited to that

made to the effect that prosecution is maintained using the specific count and

applicable penal statute), a court must not approve the request

notwithstanding the provisions of Article 312, paragraph (1).

Article 350-14 (1) When a public prosecutor violates an agreement under Article

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350-2, paragraph (1), a statement made by the accused during a consultation

under Article 350-4 and evidence obtained by the act of the accused based on

the agreement may not be used as evidence.

(2) The provisions of the preceding paragraph do not apply when the accused

does not object to use as evidence for the accused's criminal case, and when a

person other than that accused does not object to use as evidence for the

person's criminal case.

Article 350-15 (1) A person who has made a false statement or submitted

evidence that is a counterfeit or an altered article to a public prosecutor, a

public prosecutor's assistant officer or a judicial police official in violation of an

agreement under Article 350-2, paragraph (1) is punished by imprisonment for

not more than five years.

(2) When a person who has committed the crime under the preceding paragraph

confesses before both judgments on another person's criminal case and the

person's criminal case pertaining to the agreement become final and binding,

the confession may lead to the punishment being reduced or exculpate the

offender.

Chapter V Expedited Trial Proceedings

Section 1 Petitions for Expedited Trial Proceedings

Article 350-16 (1) When a public prosecutor finds it appropriate with regard to

the case in which the public prosecutor is to institute prosecution taking into

account that the details of the factual background of the case are clear and the

case is minor, that the examination of evidence is expected to be completed

promptly and other circumstances, the public prosecutor may file a petition for

expedited trial proceedings in writing upon institution of prosecution; provided,

however, that this does not apply to cases punishable by the death penalty, life

imprisonment with or without work or imprisonment with or without work

whose minimum term is not less than one year.

(2) A public prosecutor may not make the petition prescribed in the preceding

paragraph without consent from the suspect in cases to be tried by expedited

trial proceedings.

(3) When a public prosecutor is confirming whether or not the suspect gives the

consent prescribed in the preceding paragraph, said prosecutor must do so in

writing. In this case, the public prosecutor must explain to the suspect the

facts which are necessary to have said person understand the expedited trial

proceedings (including the fact that, if said suspect does not have defense

counsel, said suspect may appoint one pursuant to the provisions of the

following Article) and notify said person that they may be tried pursuant to the

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provisions of regular rules.

(4) When there is defense counsel for the suspect, the petition prescribed in

paragraph (1) may be made only when the suspect gives the consent prescribed

in paragraph (2) and when the defense counsel also gives consent or reserves

giving consent to the case being tried by expedited trial proceedings.

(5) When the suspect gives the consent prescribed in paragraph (2), and when the

defense counsel gives or reserves giving the consent prescribed in the preceding

paragraph, such opinions must be declared in writing.

(6) The documents prescribed in the preceding paragraph must be attached to the

documents prescribed in paragraph (1).

Article 350-17 (1) When a suspect who is asked for confirmation under

paragraph (3) of the preceding Article is to declare whether the suspect

consents to being tried by expedited trial proceedings, and unable to appoint a

defense counsel due to indigence or any other grounds, a judge must appoint a

defense counsel for the suspect upon request from the suspect; provided,

however, that this does not apply when the defense counsel is appointed by a

person other than the suspect.

(2) The provisions of Article 37-3 apply mutatis mutandis when a suspect makes

the request under the preceding paragraph.

Section 2 Special Provisions on Trial Preparation and Trial Procedure

Article 350-18 When there is a petition for expedited trial proceedings and there

is no defense counsel for the accused, the presiding judge must appoint the

defense counsel ex officio as promptly as possible.

Article 350-19 In a case in which expedited trial proceedings have been

petitioned, when the public prosecutor is to give the accused or the defense

counsel an opportunity to inspect the documentary evidence or other

opportunity pursuant to the provisions of Article 299, paragraph (1), the public

prosecutor must give the opportunity as promptly as possible.

Article 350-20 (1) In a case in which expedited trial proceedings have been

petitioned, when the defense counsel reserves consent to the expedited trial

proceedings or is appointed after the petition has been filed, the court must ask

the defense counsel for confirmation as to whether or not consent is given to

the proceedings as promptly as possible.

(2) When a defense counsel gives consent under the preceding paragraph, the

consent must be declared in writing.

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Article 350-21 When a petition for expedited trial proceedings is filed, the

presiding judge must, after hearing the opinions of the public prosecutor and

the accused or the defense counsel, set a trial date after the petition (in the

case provided in paragraph (1) of the preceding Article, after the consent under

the same paragraph is given) as early as possible.

Article 350-22 In a case in which expedited trial proceeding have been petitioned,

the court must render a ruling to the effect that the case is to be tried by

expedited trial proceedings when the accused states that the accused is guilty

for the count written in the charging sheet during the proceedings under

Article 291, paragraph (4), except for the following cases:

(i) when the consent under Article 350-16, paragraph (2) or (4) is revoked;

(ii) in the case provided in Article 350-20, paragraph (1), when the consent

under the same paragraph is not given or is revoked;

(iii) in addition to those set forth in the preceding two items, the court finds

that it is unable to try the case by expedited trial proceedings; or

(iv) when the court finds that the case is inappropriate for expedited trial

proceedings.

Article 350-23 When there is no defense counsel, the trial for the procedure

under the preceding Article and the trial for the expedited trial proceedings

may not be convened.

Article 350-24 (1) The provisions of Article 284, Article 285, Article 296, Article

297, Articles 300 through 302 and Articles 304 through 307 do not apply to the

proceedings for a ruling under Article 350-22 and trials subject to expedited

trial proceedings.

(2) In expedited trial proceedings, evidence may be examined by means found to

be appropriate on the trial date.

Article 350-25 (1) If a case in which a ruling under Article 350-22 has been

rendered comes to fall under one of the following items, a court must revoke

the ruling:

(i) when the accused or the defense counsel revokes the consent to expedited

trial proceedings before the rendition of a judgment;

(ii) when the accused revokes the statement that the accused is guilty for the

count written in the charging sheet before the rendition of a judgment;

(iii) in addition to those set forth in the preceding two items, when the court

finds that it is unable to try the case by expedited trial proceedings; or

(iv) when the court finds that the case is inappropriate for expedited trial

proceedings.

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(2) If a ruling under Article 350-22 is revoked pursuant to the provisions of the

preceding paragraph, the trial procedure must be renewed; provided, however,

that this does not apply when the public prosecutor and the accused or the

defense counsel raise no objection.

Article 350-26 In a case in which a ruling has been rendered to dismiss a

petition for expedited trial proceedings (except for the case in which the ruling

is rendered on the grounds that it falls under the case set forth in Article 350-

22, item (iii) or (iv)), if prosecution has been withdrawn without the

examination of evidence after that ruling, and a ruling of dismissal of the

prosecution based on withdrawal thereof becomes final and binding,

prosecution for the same case may be instituted again notwithstanding the

provisions of Article 340. The same applies in a case in which a ruling under

Article 350-22 has been revoked on the grounds that it comes to fall under

paragraph (1), item (i), (ii) or (iv) of the preceding Article (with regard to item

(iv), only when it falls under the same item due to a statement made by the

accused, which is contrary to or substantially different from the statement that

the accused is guilty for the count written in the charging sheet), if prosecution

has been withdrawn without the examination of evidence after the revocation

of the ruling, and a ruling of dismissal of the prosecution based on withdrawal

thereof becomes final and binding.

Section 3 Special Provisions on Evidence

Article 350-27 The provisions of Article 320, paragraph (1) do not apply to

evidence in a case for which a ruling has been rendered under Article 350-22;

provided, however, that this does not apply when a public prosecutor, the

accused or the defense counsel objects against use as evidence.

Section 4 Special Provisions on Judicial Decisions in Trials

Article 350-28 With regard to a case for which a ruling has been rendered under

Article 350-22, the court must render a judgment on the same day insofar as

possible.

Article 350-29 If a court renders a judgment of imprisonment with or without

work in expedited trial proceedings, the court must render the suspended

execution of the sentence in whole.