Act on Criminal Trials with Participation of Saiban-in (Tentative translation)
Chapter I General Provisions (Articles 1 to 7)
Chapter II Saiban-in
Section 1 General Rules (Articles 8 to 12)
Section 2 Appointment (Articles 13 to 40)
Section 3 Dismissal, etc. (Articles 41 to 48)
Chapter III Court Proceedings with Participation of Saiban-in
Section 1 Trial Preparation and Trial Procedure (Articles 49 to 63)
Section 2 Special Provisions, etc. on Application of Code of Criminal Procedure (Articles 64 and 65)
Chapter IV Deliberations (Articles 66 to 70)
Chapter V Special Provisions, etc. on Proceedings and Decisions in Case of Ruling of Divisional Proceedings
Section 1 Special Provisions on Proceedings and Decisions
Subsection 1 Ruling of Divisional Proceedings (Articles 71 to 76)
Subsection 2 Trial on Divisional Cases (Articles 77 to 85)
Subsection 3 Trial on Consolidated Cases (Articles 86 to 89)
Section 2 Saiban-in to be Appointed
Subsection 1 Selection of Saiban-in to be Appointed (Articles 90 to 92)
Subsection 2 Cancelation of Selection of Saiban-in to be Appointed (Articles 93 to 96)
Subsection 3 Appointment of Saiban-in to be Appointed to Saiban-in, etc. (Article 97)
Subsection 4 Miscellaneous Provisions (Articles 98 and 99)
Chapter 6 Measures for Protection of Saiban-in, etc. (Articles 100 to 102)
Chapter 7 Miscellaneous Provisions (Articles 103 to 105)
Chapter 8 Penal Provisions (Articles 106 to 113)
Supplementary Provisions
Chapter 1 General Provisions
(Purpose)
Article 1 This Act sets forth special provisions to the Court Act (Act No. 59 of 1947) and the Code of Criminal Procedure (Act No. 131 of 1948) and other necessary items for criminal trials with the participation of saiban-in considering that the involvement of saiban-in appointed from among the people in criminal procedures with judges helps to promote the understanding of the people and to enhance their trust on the justice.
(Cases Subject to Saiban-in Trials and Organization of Panel)
Article 2 (1) A District Court shall, except for the cases where a ruling under the following Article is made, handle the following cases by a panel with the participation of saiban-in after the panel with the participation of saiban-in is organized in accordance with the provisions of this Act, notwithstanding the provision of Article 26 of the Court Act:
(i) Cases involving offences punishable with the death penalty or life imprisonment with or without work; and
(ii) Cases listed in Article 26, paragraph (2), item (ii) of the Court Act that involve offences that have caused a victim to die by intentional criminal acts (excluding those under the preceding item).
(2) The panel under the preceding paragraph shall consist of three judges and six saiban-in, and one of the judges shall be the presiding judge; provided, however, that if a ruling under the next paragraph is rendered, the panel shall consist of one judge and four saiban-in, and the judge shall be the presiding judge.
(3) The court may render a ruling to the effect that the panel consisting of one judge and four saiban-in is organized to conduct proceedings and render decisions for cases to be handled by the panel referred to and pursuant to the provision of paragraph 1 (hereinafter referred to as the "Subject Cases") for which it is deemed that no dispute on the charged facts exists in the arrangement of issues and evidence under the pretrial arrangement proceedings and which are deemed appropriate taking contents of the cases and other circumstances into consideration.
(4) The court shall confirm in the pretrial arrangement proceedings that the public prosecutor, the accused and his/her counsel have no objection in order to make the ruling set forth in the preceding paragraph.
(5) The ruling under paragraph 3 shall be rendered no later than the date of the procedure of the appointment of saiban-in, etc. provided for in Article 27, paragraph (1).
(6) A District Court shall, where the ruling under paragraph 3 is rendered, handle the case by one judge from the time of the ruling is made until the time when the panel provided for in paragraph 3 is organized notwithstanding the provision of Article 26, paragraph (2) of the Court Act.
(7) In cases where the court considers that it is inappropriate to handle a case by the panel provided for in paragraph 3 taking the assertion of the accused, situation of proceedings or other circumstances into consideration, the court may, by a ruling, revoke the ruling under the paragraph.
(Exclusion from Subject Cases)
Article 3 (1) In cases where a District Court determines, with respect to cases listed in each item of paragraph (1) of the preceding Article, that the life, body or property of candidates for saiban-in, saiban-in or persons who have been saiban-in or their family members or similar persons could be harmed, or their peace of life could be harmed seriously, by the behavior of the accused, by the claim of organizations of which the accused is a member or by the behavior of other members of the organization or by actual harm or its threat to candidates for saiban-in or saiban-in or other circumstances, thereby candidates for saiban-in or saiban-in being terrified, and that it is difficult to secure the attendance of candidates for saiban-in, or it is difficult for saiban-in to perform their duties, and to appoint alternative saiban-in, the District Court shall render a ruling at the request of the public prosecutor, the accused or his/her counsel or ex officio to the effect that such cases shall be handled by a panel consisting of judges.
(2) The ruling under the preceding paragraph or the ruling dismissing the request under the preceding paragraph shall be rendered by a panel; provided, however, that the judges who are involved in the proceedings of cases listed in each item of paragraph (1) of the preceding Article may not participate in the ruling.
(3) The court shall, in advance, hear the opinion of the public prosecutor and the accused or his/her counsel as provided for in the Rules of the Supreme Court in order to render the ruling under paragraph(1), or the ruling that dismisses the request of paragraph(1).
(4) After the panel under paragraph (1) of the preceding Article is organized, the court shall hear the opinion of the presiding judge of the panel in order to render the ruling under paragraph (1) ex officio.
(5) The provisions of Article 43, paragraphs (3) and (4) and Article 44, paragraph (1) of the Code of Criminal Procedure shall apply mutatis mutandis to the ruling under paragraph (1) or the ruling that dismisses the request of the said paragraph.
(6) An immediate appeal may be filed against the ruling under paragraph (1) or the ruling that dismisses the request of the said paragraph. In this case, the provisions of the Code of Criminal Procedure concerning the immediate appeal shall apply mutatis mutandis.
(Handling of Cases Consolidating Proceedings)
Article 4 (1) The court may handle, by a ruling, cases other than the Subject Cases that are deemed appropriate to consolidate the proceedings with the Subject Cases, by the panel under Article 2, paragraph (1).
(2) Where the court has rendered a ruling under the preceding paragraph, pursuant to the provisions of the Code of Criminal Procedure, the court shall consolidate the proceedings of the cases pertaining to the ruling of the said paragraph with the proceedings of the Subject Cases.
(Handling after Alteration of Applicable Penal Statute)
Article 5 Even if the whole or part of the cases being handled by a panel under Article 2, paragraph (1), no longer falls under the Subject Cases by reason that the applicable penal statute is withdrawn or altered pursuant to the provision of Article 312 of the Code of Criminal Procedure, the court shall handle the case by the panel: provided, however, that where the court deems it appropriate by taking the situation of proceedings and other circumstances into consideration, the court may handle the case by one judge or a panel consisting of judges in accordance with the provision of Article 26 of the Court Act by a ruling.
(Authority of Judge and Saiban-in)
Article 6 (1) In cases where a case is handled by a panel under Article 2, paragraph (1), a judgment for rendering punishment pursuant to the provision of Article 333 of the Code of Criminal Procedure, a judgment for exculpation of the accused pursuant to the provision of Article 334 of the Code or a judgment of acquittal pursuant to the provision of Article 336 of the Code or the decision of a court concerning a ruling for transfer to a family court pursuant to the provision of Article 55 of the Juvenile Act (Act No. 168 of 1948) (excluding the decisions listed in items (i) and (ii) of the next paragraph) that pertains to the following (hereinafter referred to as the "Decision with Participation of Saiban-in") shall be rendered by the deliberation of judges (hereinafter referred to as the "Member Judges") and saiban-in who are the member of the panel under Article 2, paragraph(1):
(i) Fact finding;
(ii) Application of laws and regulations; and
(iii) Sentencing.
(2) In the cases provided for in the preceding paragraph, the following decisions of a court shall be rendered by the deliberation of the Member Judges:
(i) Decisions on interpretation of laws and regulations;
(ii) Decisions on court proceedings (excluding the ruling under Article 55 of the Juvenile Act); and
(iii) Decisions other than the Decisions with Participation of Saiban-in.
(3) The proceedings to render the Decisions with Participation of Saiban-in shall be conducted by the Member Judges and saiban-in, and other proceedings shall be conducted by the Member Judges only.
Article 7 In cases where the ruling under Article 2, paragraph (3) is rendered, decisions to be made by the deliberation of the Member Judges shall be rendered by a Member Judge.
Chapter II Saiban-in
Section 1 General Rules
(Independence of Execution of Duties by Saiban-in)
Article 8 Saiban-in shall be independent in the execution of their duties.
(Obligations of Saiban-in)
Article 9 (1) Saiban-in shall execute their duties in compliance with laws and regulations, impartially and in good faith.
(2) Saiban-in shall not divulge the secrecy of deliberations provided for in Article 70, paragraph (1) and any other secrecy that they came to know during the course of executing their duties.
(3) Saiban-in shall not engage in any act that could impair trust in the impartiality of decisions.
(4) Saiban-in shall not engage in any act that could offend their dignity.
(Alternate Saiban-in)
Article 10 (1) In cases where a court deems it necessary by taking the period of proceedings and other circumstances into consideration, the court may have alternate saiban-in: provided, however, that the number of alternate saiban-in shall not exceed the number of saiban-in that constitute the panel.
(2) Alternate saiban-in shall attend the proceedings to render the decision with participation of saiban-in and shall be appointed as saiban-in, in cases where the number of saiban-in constituting the panel set forth in Article 2, paragraph (1) becomes insufficient, to supplement it in the order determined in advance.
(3) Alternate saiban-in may inspect documents and articles of evidence relating to the trial.
(4) The provisions of the preceding Article shall apply mutatis mutandis to alternate saiban-in.
(Travel Expenses, Daily Allowances and Accommodation Charges)
Article 11 Travel expenses, daily allowances and accommodation charges shall be paid to saiban-in and alternate saiban-in in accordance with the provisions of the Rules of the Supreme Court.
(Inquiry to Public Offices, etc.)
Article 12 (1) In cases where a court deems it necessary for the decision on appointment or dismissal of saiban-in or alternate saiban-in, a court may make inquiries to public offices or public or private organizations about candidates for saiban-in or saiban-in or alternate saiban-in who have been selected pursuant to the provision of Article 26, paragraph (3) (including cases where applied mutatis mutandis pursuant to Article 28, paragraph (2) (including cases where applied mutatis mutandis pursuant to Article 38, paragraph (2) (including cases where applied mutatis mutandis pursuant to Article 46, paragraph (2)), Article 47, paragraph (2) and Article 92, paragraph (2)), Article 38, paragraph (2) (including cases where applied mutatis mutandis pursuant to Article 46, paragraph (2)), Article 47, paragraph (2) and Article 92, paragraph (2)) to report on matters necessary for the decision.
(2) In cases where it deems it necessary to facilitate the decision by the court set forth in the preceding paragraph on the candidates for saiban-in, a District Court may make inquiries to public offices to report on necessary matters.
(Section 2 Appointment)
(Qualification for Appointment of Saiban-in)
Article 13 Saiban-in shall be appointed from among persons having the right to vote on the members of the House of Representatives in accordance with the provisions of this section.
(Causes of Disqualification)
Article 14 In addition to persons who fall under the provision of Article 38 of the National Public Service Act (Act No. 120 of 1947), any person who falls under any of the following items may not be appointed as saiban-in:
(i) Any person who has not completed the compulsory education provided for in the School Education Act (Act No. 26 of 1947); provided, however, that this shall not apply to persons who have acquired the same or higher scholarly level than those who have completed compulsory education;
(ii) Any person who has been punished with imprisonment without work or heavier penalty; or
(iii) Any person who has serious difficulty in performing the duties of saiban-in due to a mental or physical disability.
(Causes of Prohibition on Service as Saiban-in)
Article 15 (1) A person who falls under any of the following items may not serve as saiban-in:
(i) A Member of the Diet;
(ii) A Minister of the State;
(iii) An official of administrative agencies of the State who falls under any of the following items:
(a) An official to whom the Designated Service Salary Schedule in Appended Table No.11 of the Act on Remuneration for Officials of Regular Service (Act No. 95 of 1950) applies (excluding officials listed in (d));
(b) An Official to whom the salary schedule provided for in Article 7, paragraph (1) of the Act on Special Measures of Employment and Remuneration of Officials with Fixed Term of Office in the Regular Service (Act No. 125 of 2000) applies and who receive salary of the monthly salary of the seventh pay step in the same salary schedule or more;
(c) An official to whom the salary schedule Appended Tables 1 and 2 of the Act on Salaries of Government Officials with Special Capacity (Act No. 252 of 1949) apply; or
(d) An official to whom Appended Table 11 Designated Service Salary Table of the Act on Remuneration for Officials of Regular Service applies pursuant to the provision of Article 4, paragraph (1) of the Act on Remuneration, etc. of the Ministry of Defense Personnel (Act No. 266 of 1952; hereinafter referred to as the "Remuneration of Ministry of Defense Personnel Act"), an official who receives the salary specified in the salary schedule provided for in Article 7, paragraph (1) of the Act on Special Measures of Employment and Remuneration of Officials with Fixed Term of Office in the Regular Service (which shall be limited to the salary of the monthly salary of the seventh pay step in the same salary schedule or more) pursuant to the provision of Article 4, paragraph (2) of the Remuneration of Ministry of Defense Personnel Act and an official to whom the provision of Article 4, paragraph (5) of the Remuneration of Ministry of Defense Personnel Act applies.
(iv) Any person who is or was a judge;
(v) Any person who is or was a public prosecutor;
(vi) Any person who is an attorney at law (including a registered foreign lawyer; hereinafter the same shall apply in this paragraph) or was an attorney at law;
(vii) A patent lawyer;
(viii) A judicial scrivener;
(ix) A notary public;
(x) Any person who executes the duty as a judicial police official;
(xi) A court official (excluding part-time official);
(xii) An official of the Ministry of Justice (excluding part-time official);
(xiii) A Commissioner of the National Public Safety Commission, a commissioner of prefectural public safety commissions and a police official (excluding part-time official);
(xiv) Any person who is qualified to be appointed to a judge, an assistant judge, a public prosecutor or an attorney at law;
(xv) A professor or assistant professor of jurisprudence at a faculty, advanced course or graduate school of universities provided for in the School Education Act;
(xvi) A legal apprentice;
(xvii) A governor of prefecture or mayors of municipality (including special ward: the same shall apply hereinafter); or
(xviii) A self-defense official.
(2) Any person who falls under any of the following shall be treated in the same manner as in the preceding paragraph:
(i) Any person who is prosecuted for an offence punishable with imprisonment without work or greater punishment, and his/her case has not been concluded; or
(ii) Any person who is under arrest or detention.
(Causes of Refusal)
Article 16 Any person who falls under any of the following items may file a motion for refusal to be appointed as a saiban-in:
(i) Any person who is seventy years of age or older;
(ii) A Member of the Diet of local public entities (limited to a person for whom the Diet is in session);
(iii) A student or pupil of a school set forth in Article 1, Article 124 or Article 134 of the School Education Act (limited to a person who is enrolled in a course that requires regular attendance);
(iv) Any person who served as a saiban-in or alternate saiban-in within the past five years;
(v) Any person who was a saiban-in to be appointed within the past three years;
(vi) Any person who appeared on the date for appointing saiban-in, etc. set forth in Article 27, paragraph (1) as a candidate for saiban-in within the past one year (excluding persons for whom a ruling of non-appointment was rendered pursuant to the provision of Article 34, paragraph (7) (including cases where applied mutatis mutandis pursuant to Article 38, paragraph (2) (including cases where applied mutatis mutandis pursuant to Article 46, paragraph (2)), Article 47, paragraph (2) and Article 92, paragraph (2); hereinafter the same applies in Article 26, paragraph (3)).
(vii) Any person who served as a prosecution councilor or alternate councilor pursuant to the provisions of the Act on the Committee for Inquest of Prosecution (Act No. 147 of 1948) within the past five years;
(viii) Any person who has any of reasons listed in the following or other unavoidable reasons provided for in the Cabinet Order and who has difficulty in serving as saiban-in or in appearing on the date of the procedure of appointing saiban-in, etc. as a candidate for saiban-in set forth in Article 27, paragraph (1):
(a) It is difficult for him/her to appear at the court due to severe illness or injury;
(b) It is necessary for him/her to perform nursing care or nurturing for relatives living together who would have difficulty in living daily life without such nursing care or nurturing being performed;
(c) He/she has an important business in his/her work, and the work could suffer substantial detriment if he/she does not deal with the business in person; or
(d) He/she has an important business such as attendance at the funeral ceremony of his/her parents or any other important social business which cannot be dealt with on any other dates.
(Causes of Ineligibility relating to the Case)
Article 17 A person who falls under any of the following items may not be selected as saiban-in for the case:
(i) The accused or the victim;
(ii) Any person who is or was a relative of the accused or the victim;
(iii) A legal representative, supervisor of guardian, curator, supervisor of curator, assistant or supervisor of assistant of the accused or the victim;
(iv) Any person living together with or an employee of the accused or the victim;
(v) Any person who has accused or claimed for the case;
(vi) Any person who has become a witness or an expert witness for the case;
(vii) Any person who has become an agent, counsel or assistant of the accused for the case;
(xiii) Any person who has executed his/her duty as a public prosecutor or judicial police official;
(ix) Any person who has executed his/her duty as a prosecution councilor or assistant councilor or who has observed the deliberations of the Prosecution Commission as an alternate councilor; or
(x) Any person who has participated in the case in a ruling under Article 266, item (ii) of the Code for Criminal Procedure, a summary order, the original judgment of the case which was sent back or transferred pursuant to the provisions of Articles 398 to 400, Article 412 or Article 413 of the Code or the examination which formed the basis of such decisions; provided, however, that this shall not apply where he/she participated as a delegated judge.
(Other Causes for Ineligibility)
Article 18 In addition to what is provided for in the preceding Article, any person who is deemed by a court as likely that he/she may make a prejudicial decision shall not be appointed as saiban-in for the case.
(Mutatis Mutandis Application)
Article 19 Provisions of Article 13 to the preceding Article (Qualification for Appointment of Saiban-in, Causes for Disqualification, Causes for Prohibition on Assumption of Office, Causes for Refusal, Causes for Ineligibility relating to Case and Other Causes for Ineligibility) shall apply mutatis mutandis to alternate saiban-in.
(Allocation of Number of Candidates for Saiban-in and Notification)
Article 20 (1) A District Court shall, in accordance with the provisions of the Rules of the Supreme Court, allocate the number of candidates for saiban-in that is necessary for the next year to municipalities within its jurisdiction by September 1 of each year and shall notify such number to the boards of elections of municipalities.
(2) The number of candidates for saiban-in under the preceding paragraph shall be such number as is calculated by the District Court by, in accordance with the provisions of the Rules of the Supreme Court, taking the handling situation of the Subject Cases and other matters into consideration.
(Preparation of List for Expected Candidates for Saiban-in)
Article 21 (1) The boards of elections of municipalities shall, when they receive the notification set forth in paragraph (1) of the preceding Article, select by a draw the number persons stated in the notification as the expected candidates for saiban-in from among those registered in the list of voters (excluding those who are indicated in the list of voters, pursuant to the provision of Article 27, paragraph (1) of the Public Office Election Act (Act No. 100 of 1950), to the effect that they no longer have voting rights pursuant to the provisions of Article 11, paragraph (1) or Article 252 of the Act or Article 28 of the Political Funds Control Act (Act No. 194 of 1948)).
(2) The boards of elections of municipalities shall prepare, for the persons selected under the provision of the preceding paragraph, the list of the expected candidates for saiban-in with the name, address and date of birth indicated (or recorded in cases where the list of voters is prepared on a magnetic disk as set forth in Article 19, paragraph (3) of the Public Office Election Act) in the list of voters (or recorded in cases where the list of expected persons for the candidates for saiban-in is prepared on a magnetic disk pursuant to the provision of the next paragraph).
(3) The list of the expected candidates for saiban-in may be prepared on a magnetic disk (including an object that can record certain matters securely by equivalent means; the same shall apply hereinafter).
(Sending of List of Expected Candidates for Saiban-in)
Article 22 The boards of elections of municipalities shall, by October 15 of the year in which they have received the notification under Article 20, paragraph (1), send the list of the expected candidates for saiban-in to the District Court that has sent the notification.
(Preparation of List of Candidates for Saiban-in)
Article 23 (1) Where a District Court receives a list of the expected candidates for saiban-in pursuant to the provision of the preceding paragraph, the District Court shall prepare, on the basis of such list and in accordance with the provisions of the Rules of the Supreme Court, the list of expected candidates for saiban-in in which the name, address and date of birth are indicated (or recorded in cases where the list of candidates for saiban-in is prepared on a magnetic disk pursuant to the provision of the next paragraph; hereinafter the same applies in Articles 25 and 26, paragraph (3)).
(2) The list of candidates for saiban-in may be prepared on a magnetic disk.
(3) Where a District Court learns that a candidate for saiban-in has been dead, or where it deems that the candidate does not fall under the persons set forth in Article 13 or is not qualified for a saiban-in pursuant to the provision of Article 14 or falls under any item of Article 15, paragraph (1), the District Court shall delete the candidate from the list of candidates for saiban-in in accordance with the provisions of the Rules of the Supreme Court.
(4) Where the boards of elections of municipalities learns that an expected candidate for saiban-in who has been selected pursuant to the provision of Article 21, paragraph (1) is dead or has lost the right to vote on the members of the House of Representatives, the boards of elections shall notify the District Court to which it has sent the list of expected candidates for saiban-in pursuant to the provision of the preceding Article of such circumstances; provided, however, that the foregoing provision shall not apply when one year following the year of sending the list of expected candidates for saiban-in has elapsed.
(Measures for Supplementing Candidates for Saiban-in)
Article 24 (1) Where a District Court deems it necessary, in the year following the year in which it has sent the notification pursuant to the provision of Article 20, paragraph (1), to supplement candidates for saiban-in required for the year, the District Court shall, in accordance with the provisions of the Rules of the Supreme Court, promptly allocate the number of candidates for saiban-in to be supplemented to municipalities within its jurisdiction and shall notify such number to the boards of elections of municipalities.
(2) The provisions of the preceding three Articles shall apply mutatis mutandis to the case of the preceding paragraph. In this case, the term "by October 15 of the year in which they have received the notification under Article 20, paragraph (1)" in Article 22 shall be deemed to be replaced with "promptly", the term "the list of candidates for saiban-in" in paragraph (1) of the preceding Article with "the list of additional candidates for saiban-in" and the term "the year following the year of sending" in the proviso of paragraph (4) of the preceding Article with "the year of sending".
(Notification to Candidates for Saiban-in)
Article 25 Where a District Court has prepared a list of candidates for saiban-in pursuant to the provision of Article 23, paragraph (1) (including cases where applied mutatis mutandis pursuant to paragraph (2) of the preceding Article by replacement), the District Court shall notify persons indicated in the list of candidates for saiban-in of such circumstances.
(Selection of Candidates for Saiban-in To Be Summoned)
Article 26 (1) Where the first trial date for the Subject Case has been decided, a court shall render a ruling to put, or not to put, the necessary number of alternate saiban-in.
(2) Where a court renders the ruling under the preceding paragraph, the court shall determine the number of candidates for saiban-in to be summoned by taking the length of time required for the proceedings of trial and other circumstances into consideration.
(3) A District Court shall select by a draw the number of candidates for saiban-in to be summoned pursuant to the provision of the preceding paragraph from among candidates for saiban-in indicated in the list of candidates for saiban-in; provided, however, that candidates for saiban-in who have complied with the summons of the court to appear on the date for the procedure of appointing saiban-in, etc. set forth in paragraph (1) of the following Article shall not be selected again in the year (excluding those for whom a ruling not to appoint them pursuant to the provision of Article 34, paragraph (7) is rendered).
(4) A District Court shall provide the public prosecutor and the counsel with an opportunity to attend the draw under the preceding paragraph.
(Summoning of Candidates for Saiban-in)
Article 27 (1) A court shall decide the date for the procedure of appointing saiban-in and alternate saiban-in (hereinafter referred to as "Saiban-in, etc. Appointing Procedure") and summon candidates for saiban-in who are selected pursuant to the provision of paragraph (3) of the preceding Article; provided, however, that the foregoing provision shall not apply to candidates for saiban-in for whom any circumstance listed in each of the following items is deemed to exist during the period from the date of the Saiban-in, etc. Appointing Procedure until the day on which the duties of saiban-in are expected to terminate (hereinafter referred to as the "Planned Period of Duty Engagement"):
(i) If a candidate does not fall under the person set forth in Article 13;
(ii) if a candidate is not qualified for saiban-in pursuant to the provision of Article 14;
(iii) If a candidate falls under the person set forth in each item of Article 15, paragraph (1) or paragraph (2) or each item of Article 17;
(iv) If a candidate for saiban-in that has filed a motion for refusal for being appointed as saiban-in pursuant to the provision of Article 16 fall under the person set forth in each item of the Article.
(2) The summons under the preceding paragraph shall be made by the service of the writ of summons.
(3) The writ of summons shall contain the date, time, location of appearance, statement that he/she may be punished by a non-criminal fine in case where he/she does not appear, and other matters as set forth in the Rules of the Supreme Court.
(4) A grace period as set forth in the Rules of the Supreme Court shall be set between the date of the Saiban-in, etc. Appointing Procedure and the serving of the writ of summons.
(5) Where a court considers that any reason listed in each item of paragraph (1) applies to a candidate for saiban-in during the Planned Period of Duty Engagement after the summons under paragraph(1) until the day and time due to appear, the court shall revoke the summons immediately.
(6) Where a court revokes the summons pursuant to the provision of the preceding paragraph, the court shall promptly notify the candidate for saiban-in .
(Additional Summoning of Candidates for Saiban-in)
Article 28 (1) A court may, in cases where it deems it necessary to appoint the necessary number of saiban-in and alternate saiban-in in the Saiban-in, etc. Appointing Procedure, summon the necessary additional number of candidates for saiban-in.
(2) The provisions of Article 26, paragraphs (3) and (4) and of the proviso of paragraph (1) of the preceding Article and of paragraphs (2) to (6) shall apply mutatis mutandis to the case of the preceding paragraph. In this case, the term "the number of candidates for saiban-in to be summoned pursuant to the preceding paragraph" shall be replaced with "the number deemed necessary by the court".
(Obligation of Appearance, Travel Expenses, etc. of Candidates for Saiban-in)
Article 29 (1) The candidates for saiban-in who are summoned shall appear on the date of the Saiban-in, etc. Appointing Procedure.
(2) Travel expenses, daily allowances and accommodation charges shall, in accordance with the provisions of the Rules of the Supreme Court, be paid to the candidates for saiban-in who comply with the summons of a court and appear on the date of the Saiban-in, etc. Appointing Procedure.
(3) A District Court shall, in accordance with the provisions of the Rules of the Supreme Court, delete the candidates for saiban-in who comply with the summons of the court and appear on the date of the Saiban-in, etc. Appointing Procedure from the list of candidates for saiban-in; provided, however, that the foregoing provision shall not apply to the candidates for saiban-in for whom a ruling of non-appointment has been rendered pursuant to the provision of Article 34, paragraph (7).
(Questionnaire)
Article 30 (1) Prior to the Saiban-in, etc. Appointing Procedure, a court may use a questionnaire to ask necessary questions to determine whether or not the candidates for saiban-in who have been selected pursuant to the provision of Article 26, paragraph (3) (including cases where applied mutatis mutandis pursuant to Article 28, paragraph (2)) fall under the persons set forth in Article 13 during the Planned Period of Duty Engagement, whether or not they are not qualified for saiban-in pursuant to the provision of Article 14, whether or not they fall under the persons listed in each item of Article 15, paragraph (1) or paragraph (2) or each item of Article 17, whether or not they fall under the persons listed in each item of Article 16, and whether or not they could make a prejudicial decision.
(2) Where the candidates for saiban-in receive the questionnaire prior to the date of the Saiban-in, etc. Appointing Procedure, the candidates shall return or bring the questionnaire in accordance with the designation of the court.
(3) The candidates for saiban-in shall not make false answers in the questionnaire.
(4) In addition to the matters provided for in the preceding three paragraphs and in paragraph (2) of the following Article, items to be indicated in the questionnaire and other matters necessary for the questionnaire shall be provided for in the Rules of the Supreme Court.
(Disclosure of Information on Candidates for Saiban-in)
Article 31 (1) The presiding judge (in cases where a ruling set forth in Article 2, paragraph (3) is rendered, a judge; hereinafter the same applies in this section excluding Article 39) shall send a list, in which the names of the candidates for saiban-in who have been summoned are indicated, to the public prosecutor and the counsel no later than two days prior to the date of the Saiban-in, etc. Appointing Procedure.
(2) On the date of and prior to the Saiban-in, etc. Appointing Procedure, the presiding judge shall have the copies of the questionnaire submitted by the candidates for saiban-in inspected by the public prosecutor and the counsel.
(Attendant, etc. for Saiban-in, etc. Appointing Procedure)
Article 32 (1) The Saiban-in, etc. Appointing Procedure shall be conducted in the assembled presence of judges, court clerk, public prosecutor and counsel.
(2) A court may, when it deems it necessary, cause the accused to attend the Saiban-in, etc. Appointing Procedure.
(Method of Saiban-in, etc. Appointing Procedure)
Article 33 (1) The Saiban-in, etc. Appointing Procedure shall not be open to the public.
(2) The presiding judge shall direct The Saiban-in, etc. Appointing Procedure.
(3) The Saiban-in, etc. Appointing Procedure shall be conducted so that a request for a ruling of non-appointment pursuant to the provisions of paragraph (4) of the following Article and Article 36, paragraph (1) would not be made in the presence of the candidates for saiban-in, and otherwise by giving consideration to the feelings of the candidates for saiban-in.
(4) A court may set another date to continue the Saiban-in, etc. Appointing Procedure. In this case, where such another date is notified to the candidates for saiban-in who have appeared on the date of the Saiban-in, etc. Appointing Procedure, such notification shall have the same effect as the service of the writ of summons.
(Questions, etc. to Candidates for Saiban-in)
Article 34 (1) In the Saiban-in, etc. Appointing Procedure, the presiding judge may ask necessary questions to determine whether or not the candidates for saiban-in fall under the persons set forth in Article 13 during the Planned Period of Duty Engagement, whether or not they are qualified for saiban-in pursuant to the provision of Article 14, whether or not they fall under the persons listed in each item of Article 15, paragraph (1) or paragraph (2), or each item of Article 17, whether or not, in cases where a motion for refusal for being appointed as saiban-in is filed pursuant to the provision of Article 16, they fall under the persons listed in each item of Article 16 and whether or not they could make a prejudicial decision.
(2) Associate judges, the public prosecutor, the accused or his/her counsel may request the presiding judge to ask questions, which they consider necessary to determine matters under the preceding paragraph, to the candidates for saiban-in. In this case, the presiding judge shall, upon deeming it appropriate, ask questions pertaining to the request to the candidates for saiban-in.
(3) The candidates for saiban-in shall neither refuse to answer questions under the preceding two paragraphs without justifiable reasons nor give false statements.
(4) In cases where a court determines that the candidates for saiban-in, during the Planned Period of Duty Engagement, do not fall under the persons set forth in Article 13, that they are not qualified for saiban-in pursuant to the provision of Article 14 or that they fall under the persons listed in each item of Article 15, paragraph (1) or paragraph (2), or each item of Article 17, the court shall render a ruling of non-appointment for the candidates for saiban-in as requested by the public prosecutor, the accused or his/her counsel or ex officio. The same shall apply in cases where the court determines that the candidates for saiban-in could make prejudicial decision.
(5) When, in case of the second sentence of the preceding paragraph, the counsel makes a request under the preceding paragraph, the counsel shall not make the request that is contrary to the intent clearly indicated by the accused.
(6) The ruling to dismiss the request under paragraph (4) shall state the grounds.
(7) When a court determines, with respect to a candidate for saiban-in who has filed a motion for refusal for being appointed as saiban-in pursuant to the provision of Article 16, that such candidate falls under the person listed in each item of the Article during the Planned Period of Duty Engagement, the court shall render a ruling of non-appointment for the candidate for saiban-in.
(Filing of Objection)
Article 35 (1) An objection may be filed against the ruling that dismisses the request under paragraph (4) of the preceding paragraph with a District Court where the Subject Case is pending.
(2) The filing of the objection under the preceding paragraph shall be made by submitting a written application to the original court or orally making clear the purport and grounds for the filing during the Saiban-in, etc. Appointing Procedure before a ruling that appoints the candidate for saiban-in as a saiban-in or alternate saiban-in is rendered pursuant to the provision of Article 37, paragraph (1) or (2).
(3) A District Court with which the objection under paragraph (1) has been filed shall render a ruling by a panel.
(4) The provisions of the Code of Criminal Procedure concerning the immediate appeal shall apply mutatis mutandis to the filing of an objection under paragraph (1). In this case, the term "three days after the day of receipt" under Article 423, paragraph (2) of the Act shall be replaced with "twenty-four hours after the time of receipt or oral filing".
(Request for Non-appointment without Stating Grounds)
Article 36 (1) The public prosecutor and the accused may respectively request a ruling of non-appointment for up to four candidates for saiban-in (in cases where a ruling under Article 2, paragraph (3) is rendered, three) without stating the grounds (hereinafter referred to as the "Request for Non-appointment without Stating Grounds").
(2) Notwithstanding the provision of the preceding paragraph, in cases where alternate saiban-in are appointed, the number of persons for whom the public prosecutor and the accused may make the Request for Non-appointment without Stating Grounds shall be, respectively, the number obtained by adding one when the number of alternate saiban-in to be appointed is one or two, by adding two when the number of alternate saiban-in is three or four, or by adding three when the number of alternate saiban-in is five or six, to the number of persons set forth in the paragraph.
(3) Where the Request for Non-appointment without Stating Grounds is made, a court shall render a ruling of non-appointment for the candidates for saiban-in pertaining to the Request for Non-appointment without Stating Grounds.
(4) The provisions of Article 21, paragraph (2) of the Code of Criminal Procedure shall apply mutatis mutandis to the Request for Non-appointment without Stating Grounds.
(Ruling of Appointment)
Article 37 (1) In accordance with the procedure including a draw or other such methods provided for in the Rules of the Supreme Court which do not involve an intentional act, a court shall render a ruling to appoint saiban-in the number of which is set forth in Article 2, paragraph (2) (in cases where the number of candidates for saiban-in does not satisfy the number, such number) from among the candidates for saiban-in who appeared on the date of the Saiban-in, etc. Appointing Procedure and for whom a ruling of non-appointment has not been rendered.
(2) In cases where alternate saiban-in are to be appointed, a court shall, after it has rendered a ruling to appoint saiban-in pursuant to the provision of the preceding paragraph, render a ruling to appoint alternate saiban-in the number of which has been decided pursuant to the provision of Article 26, paragraph (1) (in cases where the number of candidates for saiban-in does not satisfy the number, such number) from among remaining candidates for saiban-in for whom a ruling of non-appointment has not been rendered by specifying the order of appointment to be appointed as saiban-in.
(3) A court shall render a ruling of non-appointment for the candidates for saiban-in, other than those having been appointed as saiban-in or alternate saiban-in pursuant to the provision of the preceding two paragraphs, for whom a ruling of non-appointment has not been rendered.
(Measures in case of Insufficient Saiban-in)
Article 38 (1) In cases where the number of saiban-in who have been appointed pursuant to the provision of paragraph (1) of the preceding Article does not satisfy the number of saiban-in to be appointed, a court shall appoint saiban-in to fill the insufficiency. In this case, the court may also appoint alternate saiban-in the number of which the court deems necessary.
(2) The provisions of Article 26 (excluding paragraph (1)) to the preceding Article shall apply mutatis mutandis to the appointment of saiban-in and alternate saiban-in pursuant to the provision of the preceding paragraph. In this case, the term "four candidates for saiban-in (in cases where a ruling under Article 2, paragraph (3) is rendered, three)" in Article 36, paragraph (1) shall be deemed replaced with "one person when the number of saiban-in to be appointed is one or two, two persons when the number of saiban-in to be appointed is three or four, and three persons when the number of saiban-in to be appointed is five or six", and the term "saiban-in the number of which is set forth in Article 2, paragraph (2)" in paragraph (1) of the preceding Article with "saiban-in to be appointed".
(Oath, etc.)
Article 39 (1) The presiding judge shall explain to the saiban-in and alternate saiban-in the authority and obligations of saiban-in and alternate saiban-in and other necessary matters in accordance with the provisions of the Rules of the Supreme Court.
(2) The saiban-in and alternate saiban-in shall swear oaths that they will execute their duties in compliance with the laws and regulations impartially and in good faith in accordance with the provisions of the Rules of the Supreme Court.
(Delegation to Rules of the Supreme Court)
Article 40 In addition to what is provided for in Article 32 to the preceding Article, necessary matters relating to the Saiban-in, etc. Appointing Procedure shall be provided for in the Rules of the Supreme Court.
Section 3 Dismissal, etc.
(Dismissal of Saiban-in, etc. by Request)
Article 41 (1) The public prosecutor, the accused or his/her counsel may request a court to dismiss saiban-in or alternate saiban-in on the ground that any one of the following items is applicable; provided, however, that the request made on the ground that item (vii) is applicable shall be limited to that is on the basis of the ground that becomes known or occurs on the saiban-in or alternate saiban-in after a ruling of their appointment is rendered:
(i) A saiban-in or alternate saiban-in fails to swear an oath under Article 39, paragraph (2);
(ii) A saiban-in violates the obligation of appearance set forth in Article 52 or Article 63, paragraph (1) or of attending the deliberations set forth in Article 66, paragraph (2) and it is inappropriate to execute its duty continuously;
(iii) An alternate saiban-in violates the obligation to appear set forth in Article 52 and it is inappropriate to execute its duty continuously;
(iv) A saiban-in violates the obligation set forth in Article 9, Article 66, paragraph (4) or Article 70, paragraph (1) or the obligation of stating opinions set forth in Article 66, paragraph (2) and it is inappropriate to execute its duty continuously;
(v) An alternate saiban-in violates the obligation set forth in Article 9 as applied mutatis mutandis pursuant to Article 10, paragraph (4) or the obligation set forth in Article 70, paragraph (1) and it is inappropriate to execute its duty continuously;
(vi) A saiban-in or alternate saiban-in does not fall under the person set forth in Article 13 (including cases where applied mutatis mutandis pursuant to Article 19), or is not qualified for a saiban-in or alternate saiban-in pursuant to the provision of Article 14 (including cases where applied mutatis mutandis pursuant to Article 19) or in case of falling under the person listed in each item of Article 15, paragraph (1) or paragraph (2) or each item of Article 17 (including cases where these provisions apply mutatis mutandis pursuant to Article 19);
(vii) A saiban-in or alternate saiban-in could make prejudicial decisions;
(viii) It has become apparent that, when a saiban-in or alternate saiban-in has been a candidate for saiban-in, the saiban-in or alternate saiban-in has given false answers in the questionnaire or has refused to answer questions without justifiable grounds or has given false answers during the Saiban-in, etc. Appointing Procedure and it is inappropriate to execute its duty continuously;
(ix) In a trial court, the saiban-in or alternate saiban-in obstructs the trial proceedings by failing to comply with matters ordered by the presiding judge or by using offensive language or other inappropriate behavior.
(2) In cases where a court receives the request under the preceding paragraph, the court shall, according to the category of cases listed in each of the following items, render a ruling as set forth in the item and shall, in other cases, transfer the case pertaining to the request to a District Court to which the Member Judges belong.
(i) In cases where the request obviously lacks grounds, or the request is made in violation of the provision of the proviso of the preceding paragraph: a ruling to dismiss the request;
(ii) In cases where it is deemed that the request falls under items (i) to (iii), item (vi) or (ix) of the preceding paragraph: a ruling to dismiss the saiban-in or alternate saiban-in.
(3) A District Court that receives the transfer of case pursuant to the provision of the preceding paragraph shall, in cases where it deems that any of each item under paragraph (1) is applicable, render a ruling to dismiss the saiban-in or alternate saiban-in.
(4) The ruling by the District Court under the preceding paragraph on the request under paragraph (1) shall be rendered by a panel; provided, however, that the Member Judges of the court that receives the request under paragraph(1) shall not participate in the ruling.
(5) Where a court intends to render a ruling on the request under paragraph (1), the court shall hear the opinions of the public prosecutor and the accused or his/her counsel in advance in accordance with the provisions of the Rules of the Supreme Court.
(6) Where a court intends to render a ruling to dismiss the saiban-in or alternate saiban-in pursuant to the provision of paragraph (2), item (ii) or paragraph (3), the court shall provide the saiban-in or alternate saiban-in with opportunities to state his/her opinion; provided, however, that the foregoing provision shall not apply when the court renders a ruling of dismissal on the grounds that it falls under items (i) to (iii) or item (ix) of the preceding paragraph.
(7) The ruling to dismiss the request under paragraph (1) shall state the grounds.
(Filing of Objection)
Article 42 (1) An objection may be filed against the ruling that dismisses the request under paragraph (1) of the preceding Article with the District Court to which the judges who have participated in the ruling belong.
(2) The District Court with which an objection under the preceding paragraph has been filed shall render a ruling by a panel; provided, however, that the Member Judges of the court with which the objection under paragraph (1) of the preceding Article has been filed shall not participate in the ruling, even though they have not participated in the ruling to which the objection has been filed.
(3) The provisions of the Code of Criminal Procedure concerning the immediate appeal shall apply mutatis mutandis to the filing of an objection under paragraph (1). In this case, the term "three days" under Articles 422 and 423, paragraph (2) shall be replaced with "one day".
(Dismissal of Saiban-in, etc. ex officio)
Article 43 (1) A court may, when it deems that Article 41, paragraph (1), item (i) to (iii), (vi) or (ix) is applicable, render a ruling to dismiss the saiban-in or alternate saiban-in ex officio.
(2) Where a court deems that there exist appropriate grounds to suspect that Article 41, paragraph (1), item (iv), (v), (vii) or (viii) is applicable, the presiding judge shall notify the District Court to which it belongs of such circumstances, stating a reason.
(3) The District Court that has received the notification pursuant to the provision of the preceding paragraph shall, where it deems that Article 41, paragraph (1), item (iv), (v), (vii) or (viii) is applicable, render a ruling to dismiss the saiban-in or alternate saiban-in.
(4) The ruling under the preceding paragraph shall be rendered by a panel; provided, however, that the Member Judges of the court under paragraph (2) shall not participate in the ruling.
(5) The provisions of Article 41, paragraphs (5) and (6) shall apply mutatis mutandis to the ruling pursuant to the provisions of paragraphs (1) and (3).
(Dismissal by Petition of Saiban-in, etc.)
Article 44 (1) A saiban-in or alternate saiban-in may file a petition for resignation with a court on the grounds that it is difficult to execute the duty of the saiban-in or alternate saiban-in due to the grounds set forth in Article 16, item (viii) which have occurred after the ruling of its appointment has been rendered.
(2) When a court receives the petition under the preceding paragraph and deems that such petition has grounds, the court shall render a ruling to dismiss the saiban-in or alternate saiban-in.
(Dismissal of Alternate Saiban-in)
Article 45 When a court deems that it is no longer necessary for alternate saiban-in to execute their duty, the court may render a ruling to dismiss the alternate saiban-in.
(Additional Appointment of Saiban-in)
Article 46 (1) In cases where the number of saiban-in constituting the panel under Article 2, paragraph (1) becomes insufficient and a court has alternate saiban-in, the court shall render a ruling to appoint alternate saiban-in as saiban-in according to the order determined in the ruling to appoint the alternate saiban-in.
(2) Where there exists no alternate saiban-in to be appointed as saiban-in in the case of the preceding paragraph, a court shall appoint saiban-in to fill the insufficiency. In this case, the provision of Article 38 shall apply mutatis mutandis.
(Additional Appointment of Alternate Saiban-in)
Article 47 (1) Where a court deems it necessary to put newly or add alternate saiban-in, the court may appoint alternate saiban-in the number of which it deems sufficient.
(2) The provisions of Article 26 (excluding paragraph (1)) to Article 35, Article 36 (excluding paragraph (2))and Article 37, paragraphs (2) and (3) concerning the appointment of saiban-in shall apply mutatis mutandis to the appointment of alternate saiban-in pursuant to the provision of the preceding paragraph. In this case, the term "four candidates for saiban-in (in cases where a ruling under Article 2, paragraph (3) is rendered, three)" in Article 36, paragraph (1) shall be replaced with "one person when the number of alternate saiban-in to be appointed is one or two, two persons when the number of alternate saiban-in to be appointed is three or four, and three persons when the number of alternate saiban-in to be appointed is five or six".
(Termination of Duty of Saiban-in, etc.)
Article 48 The duty of saiban-in and alternate saiban-in shall terminate when either of the following becomes applicable:
(i) When a final judgment is notified;
(ii) When all the cases handled by the panel under Article 2, paragraph (1) come to be handled by one judge or a panel of judges by the ruling under Article 3, paragraph (1) or the proviso of Article 5.
Chapter III Court Proceeding with Participation of Saiban-in
Section 1 Trial Preparation and Trial Procedure
(Pretrial Arrangement Proceedings)
Article 49 A court shall make the Subject Cases subject to the pretrial arrangement proceedings prior to the first trial date.
(Expert Examination Prior to First Trial Date)
Article 50 (1) Where, in cases that a court decides to seek an expert examination for a case to be handled by the panel under Article 2, paragraph (1) in the pretrial arrangement proceedings, the court deems that a substantial time will be required until the conclusion of the expert examination is reported, the court may render a ruling to conduct the procedure of expert examination (excluding the report of process and conclusion of the expert examination) in the pretrial arrangement proceedings as requested by the public prosecutor, the accused or his/her counsel or ex officio (hereinafter referred to as the "Ruling to Conduct Expert Examination" in this Article).
(2) In order that a court renders a Ruling to Conduct Expert Examination or a ruling to dismiss the request under the preceding paragraph, the court shall hear the opinions of the public prosecutor and the accused or his/her counsel in advance in accordance with the Rules of the Supreme Court.
(3) Where the Ruling to Conduct Expert Examination is rendered, the court may conduct the procedure other than the report of process and conclusion of the expert examination in the pretrial arrangement proceedings.
(Consideration for Burden on Saiban-in)
Article 51 Judges, public prosecutors and counsels shall endeavor to make proceedings prompt and comprehensible so that the saiban-in may execute their duties fully while avoiding imposing excessive burden on the saiban-in.
(Obligation of Appearance)
Article 52 The saiban-in and alternate saiban-in shall appear himself/herself on the trial date on which the proceedings are held to conduct a decision with the participation of the saiban-in and on the day and time and at the place of examination of witnesses and other persons and inspection conducted by a court in the trial preparation.
(Notification of Trial Date, etc.)
Article 53 The trial date, and the day and time and the place of examination of witnesses and other persons and inspection conducted by a court in the trial preparation, that the saiban-in and alternate saiban-in are required to appear himself/herself pursuant to the provision of the preceding Article shall be notified to the saiban-in and alternate saiban-in in advance.
(Requirements for Opening of Trial)
Article 54 (1) On the trial date when proceedings are held to conduct a decision with the participation of the saiban-in, the trial court shall be opened with the assembled presence of judges, saiban-in, a court clerk and a public prosecutor.
(2) Except for the case under the preceding paragraph, the trial court shall be opened with the assembled presence of judges, a court clerk and a public prosecutor.
(Obligations at Opening Statement)
Article 55 When a public prosecutor intends to clarify facts to be proved by evidence pursuant to the provision of Article 296 of the Code of Criminal Procedure, the public prosecutor shall clearly indicate the relationship with evidence, based on the results of the arrangement of issues and evidence in the pretrial arrangement proceeding. The same shall apply when the accused or his/her counsel intends to clarify facts to be proved by evidence pursuant to the provision of Article 316-30 of the Code.
(Examination of Witness, etc.)
Article 56 Where a court examines witnesses and other persons, the saiban-in may, by notifying the presiding judge, examine them on necessary matters for a decision with the participation of the saiban-in.
(Examination of Witness outside of Court, etc.)
Article 57 (1) When a court intends, in cases where witnesses and other persons are to be examined outside the court on necessary matters for a decision with the participation of the saiban-in, to cause the Member Judges to perform such examination, the saiban-in and alternate saiban-in may attend. The saiban-in who have attended the examination may, by notifying the Member Judges, examine witnesses and other persons.
(2) When a court intends, in cases where inspection is to be held outside the court on necessary matters for a decision with the participation of the saiban-in, to cause the Member Judges to perform such inspection, the first sentence of preceding paragraph shall apply.
(Questions to Victims and Others)
Article 58 Where the victim and others (which means the victim or his/her spouse, lineal relatives or siblings in cases where the victim has died or suffered serious mental or physical disorder) or the legal representatives of the victim have stated opinions pursuant to the provision of Article 292-2, paragraph (1) of the Code of Criminal Procedure, the saiban-in may ask questions to these persons to clarify their purport after the statement.
(Questions to the Accused)
Article 59 Where the accused makes statements voluntarily pursuant to the provision of Article 311 of the Code of Criminal Procedure, the saiban-in may, by notifying the presiding judge, ask the accused at any time to make statements on necessary matters for a decision with the participation of the saiban-in.
(Attendance of Saiban-in, etc. at Proceedings)
Article 60 A court may also permit the saiban-in and alternate saiban-in to attend proceedings other than the proceedings to render a decision with the participation of the saiban-in.
(Renewal of Trial Procedure)
Article 61 (1) Where a new saiban-in is added to the panel under Article 2, paragraph (1) after the commencement of the trial procedure, the court shall renew the trial procedure.
(2) A court shall endeavor to make the procedure for renewal under the preceding paragraph such that the issues and evidence examined are comprehensive, and to make such procedure not excessively burdensome, for the newly added saiban-in.
(Principle of Free Discretion)
Article 62 The probative value of evidence for the decision with the participation of the saiban-in shall be subject to free discretion of the judges and saiban-in.
(Pronouncement, etc. of Judgment)
Article 63 (1) When a court pronounces the judgment to render punishment pursuant to the provision of Article 333 of the Code of Criminal Procedure, the judgment for exculpation of a person pursuant to the provision of Article 334 of the Code, the judgment of acquittal pursuant to the provision of Article 336 of the Code and a ruling for transfer to a family court pursuant to the provision of Article 55 of the Juvenile Act, the saiban-in shall appear on the trial date; provided, however, that the nonappearance of saiban-in shall not prevent the pronouncement of the judgment or ruling from being rendered.
(2) In the case set forth in the preceding paragraph, a court shall notify the saiban-in of the trial date in advance.
Section 2 Special Provisions, etc. for Application of Code of Criminal Procedure, etc.
(Special Provisions for Application of Code of Criminal Procedure, etc.)
Article 64 (1) With respect to the application of the provisions of the Code of Criminal Procedure when cases are handled by the panel under Article 2, paragraph (1), the terms listed in the middle column of provisions of the Code listed in the left-hand column of the following table shall be respectively replaced with the terms listed in the right-hand column of the table.
|Article 43, paragraph (4), Article 69, Article 76, paragraph (2), Article 85, Article 108, paragraph (3), Article 125, paragraph (1), Article 163, paragraph (1), Article 169, Article 278-2, paragraph (2), Article 297, paragraph (2), Article 316-11|the member of a collegiate panel|the judge being a member of a panel|
|Article 81|probable cause to suspect that the accused under detention may flee or conceal or destroy evidence|probable cause to suspect that the accused under detention may flee or conceal or destroy evidence or that the accused may contact the saiban-in, alternate saiban-in or saiban-in to be appointed by means of interview, sending of documents or others|
|Article 89, item (v)|probable cause to suspect that the accused may harm or threaten the body or property of the victim or any other person who is deemed to have essential knowledge for the trial of the case or the relatives of such persons|probable cause to suspect that the accused may harm or threaten the body or property of the victim or any other person who is deemed to have essential knowledge for the trial of the case or the relatives of such persons or that the accused may contact the saiban-in, alternate saiban-in or saiban-in to be appointed by means of interview, sending of documents or others|
|Article 96, paragraph (1), item (iv)|the accused has harmed or tried to harm the body or property of the victim, any other person who is deemed to have essential knowledge for the trial of the case or the relatives of such persons or has threatened them|the accused has harmed or tried to harm the body or property of the victim or any other person who is deemed to have essential knowledge for the trial of the case or the relatives of such persons or has threatened them, or the accused has contacted the saiban-in, alternate saiban-in or saiban-in to be appointed by means of interview, sending of documents or others|
|Article 157-2, Article 157-4, paragraph (1), Article 316-39, paragraphs (1) to (3), Article 435, item (vii), proviso|the judge|the judge, the saiban-in|
|Article 256, paragraph (6)|the judge|the judge or the saiban-in|
|Article 304, paragraph (1)|the presiding judge or associate judges|the presiding judge, associate judges or saiban-in|
|Article 316-15, paragraph (1), item (ii)|the court or the judge|the court, the judge or the judge and the saiban-in|
|Article 321, paragraph (2)|the court or the judge|the court, the judge or the judge and the saiban-in|
|Article 377, item (i)|The court that rendered the judgment was not configured in accordance with law;|The court that rendered the judgment was not configured in accordance with law; provided, however, that this shall not apply in cases where the illegality exists only in the construction of the saiban-in and the judgment does not contain the decisions in which the saiban-in participated as provided for in Article 6, paragraph (1) of the Act on Criminal Trials with Participation of Saiban-in (Act No. 63 of 2004) or the illegality arises from the fact that the saiban-in falls under each item of Article 15, paragraph (1) or paragraph (2) of the Act.|
|Article 435, item (vii), main text|the judge who participated in the original judgment|the judge or the saiban-in who participated in the original judgment|
(2) Where the cases are handled by the panel under Article 2, paragraph (1), with respect to the application of the provisions of Article 22, paragraph (4) of the Act on Punishment of Organized Crimes and Control of Crime Proceeds (Act No. 136 of 1999), the term "a member of the panel" in the said paragraph shall be replaced with "the judge being a member of the panel".
(Examination of Persons Concerned in Case and Recording of Statements, etc. on Recording Medium)
Article 65 (1) Where a court deems it necessary to ensure appropriate performance by the saiban-in of their duties in proceedings or deliberations, the court may, after hearing the opinion of the public prosecutor and the accused or his/her counsel, record examinations by the judge, the saiban-in or persons concerned in the case and statements of witnesses, expert witnesses, interpreters or translators at the proceedings of the Subject Cases (including cases that have been made pursuant to the provisions of the main text of Article 5 to be handled by the panel under Article 2, paragraph (1)) and cases pertaining to the ruling under Article 4, paragraph (1), statement of opinion pursuant to the provision of Article 292-2, paragraph (1) of the Code of Criminal Procedure, acts by the judge, the saiban-in or persons concerned in the case to ask statements of the accused and the statements of the accused and these circumstances (hereinafter referred to as the "Examinations and Statements, etc. by Persons Concerned in Case") on a recording medium (which is able to record images and sound simultaneously; the same shall apply hereinafter); provided, however, that the foregoing provision shall not apply when recording on a recording medium is deemed to be inappropriate taking the content of the case, proceedings of the trial, psychological burden imposed on persons making statements and other circumstances into consideration.
(2) Recording of Examinations and Statements, etc. by Persons Concerned in Case pursuant to the provision of the preceding paragraph shall not be made, in cases where witnesses are examined with the measure prescribed in Article 157-4, paragraph (1) of the Code of Criminal Procedure, without the consent from the witnesses.
(3) In the case of the preceding paragraph, the recording medium which has recorded examinations and statements, etc. by persons concerned in the case shall be attached to the case records as a part of the trial records; provided, however, that the foregoing provision shall not apply in cases where it is clearly deemed that the witness will not be requested to testify again in subsequent criminal procedures on the same fact.
(4) The provisions of Article 40, paragraph (2), Article 180, paragraph (2) and Article 270, paragraph (2) of the Code of Criminal Procedure shall apply mutatis mutandis to copying of the recording medium attached to the case records as a part of the trial records pursuant to the provision of the preceding paragraph, and the provisions of Article 305, paragraphs (4) and (5) of the Code shall apply mutatis mutandis to the examination of written statements of which the recording medium has been made a part, respectively.
Chapter IV Deliberations
(Deliberations)
Article 66 (1) Deliberations for the decision with participation of the saiban-in at the panel under Article 2, paragraph (1) shall be conducted by the Member Judges and the saiban-in.
(2) The saiban-in shall attend and state opinions at the deliberations under the preceding paragraph.
(3) Where the presiding judge deems it necessary, the presiding judge shall present to the saiban-in, in the deliberations under paragraph (1), decisions pertaining to the interpretation of laws and regulations and to court proceedings on the basis of consensus of the Member Judges.
(4) Where the decision under the preceding paragraph is presented, the saiban-in shall execute their duties in accordance with the decision.
(5) At the deliberations under paragraph (1), the presiding judge shall give consideration to ensure that the saiban-in are capable of executing their duties fully by considerately explaining necessary laws and regulations to the saiban-in, by organizing the deliberations comprehensibly for the saiban-in, by arranging sufficient opportunities to speak for the saiban-in, and by other means.
(Verdict)
Article 67 (1) The decision with participation of the saiban-in at the deliberations under paragraph (1) of the preceding Article shall be rendered by the majority of opinions of the number of persons constituting the panel including the opinions of both the Member Judges and the saiban-in notwithstanding the provisions of Article 77 of the Court Act.
(2) In cases where opinions are split on the sentencing and none of them obtains the majority of opinions of the number of persons constituting the panel including opinions of both the Member Judges and the saiban-in respectively, the decision of the panel shall be rendered by the most favorable opinion to the accused, which number is obtained by adding the number of the most unfavorable opinions to the accused to the number of favorable opinions one by one.
(Deliberations by Member Judges)
Article 68 (1) Deliberations for the decision to be rendered by a panel of the Member Judges shall be rendered only by the Member Judges.
(2) Deliberations under the preceding paragraph shall be subject to the provisions of Article 75, paragraph (1) and the first sentence of paragraph (2), Article 76 and Article 77 of the Court Act.
(3) The Member Judges may, by their consultation, permit the saiban-in to observe the deliberations under paragraph (1) and hear their opinions on the decisions listed in each item of Article 6, paragraph (2).
(Observation, etc. by Alternate Saiban-in)
Article 69 (1) The alternate saiban-in may observe the deliberations conducted by the Member Judges and the saiban-in and the deliberations conducted only by the Member Judges that the saiban-in are permitted to observe.
(2) The Member Judges may, by their consultation, hear the opinions of the alternate saiban-in.
(Secrecy of Deliberations)
Article 70 (1) The process of the deliberations conducted by the Member Judges and the saiban-in and the deliberations conducted only by the Member Judges that the saiban-in are permitted to observe, and opinions of respective judges and the saiban-in and their number (hereinafter referred to as the "Secrecy of Deliberations") shall not be divulged.
(2) Except for the case of the preceding paragraph, the deliberations conducted only by the Member Judges shall be subject to the provision of the second sentence of Article 75, paragraph (2) of the Court Act.
Chapter V Special Provisions, etc. for Proceedings and Decisions for which Ruling of Divisional Proceedings Is Rendered
Section 1 Special Provisions for Proceedings and Decisions
Subsection 1 Ruling of Divisional Proceedings
(Ruling of Divisional Proceedings)
Article 71 (1) Where a court deems it particularly necessary, in cases that a court has consolidated proceedings for more than one Subject Case for which the accused is the same or proceedings for cases pertaining to the ruling under Article 4, paragraph (1) and for the Subject Cases, by taking into consideration the period of the trial proceedings expected to require and other circumstances relating to the burden of the saiban-in as the result of trying consolidated cases (hereinafter referred to as the "Consolidated Cases") together, in order to ensure smooth appointment or execution of duties of the saiban-in, the court may, at the request of the public prosecutor, the accused or his/her counsel or ex officio, divide a part of the Consolidated Cases into one or more cases under public prosecution and render a ruling that the court tries these divided one or more cases under public prosecution in sequence (hereinafter referred to as the "Ruling on Division Proceedings"); provided, however, that the foregoing provisions shall not apply where it is considered that the proof of offenses could be interfered or the defense of the accused could be harmed or otherwise deemed to be inappropriate.
(2) In order that a court renders the Ruling on Division Proceedings or a ruling that dismisses the request of the preceding paragraph, the court shall hear the opinions of the public prosecutor and the accused or his/her counsel in advance as provided for in the Rules of the Supreme Court.
(3) An immediate appeal may be filed against the Ruling on Division Proceedings or a ruling that dismisses the request of paragraph (1).
(Revocation and Change of Ruling on Division Proceedings)
Article 72 (1) Where a court deems it inappropriate, by taking into consideration the assertion of the accused, situation of proceedings or other circumstances, to try divided cases (meaning one or more cases under public prosecution which are made by the Ruling on Division Proceedings to be tried divisionally; the same shall apply hereinafter) individually, the court may, at the request of the public prosecutor, the accused or his/her counsel or ex officio, render a ruling to revoke the Ruling on Division Proceedings; provided, however, that the foregoing provisions shall not apply after a partial judgment is rendered for the divided cases.
(2) Where a court deems it appropriate, by taking into consideration the assertion of the accused, situation of proceedings or other circumstances, the court may, at the request of the public prosecutor, the accused or his/her counsel or ex officio, render a ruling to change the Ruling on Division Proceedings. In this case, the provision of the proviso under paragraph (1) of the preceding Article shall apply mutatis mutandis.
(3) In order that a court renders a ruling under the preceding two paragraphs or a ruling to dismiss the request under these paragraphs, the court shall hear the opinions of the public prosecutor and the accused or his/her counsel in advance as provided for in the Rules of the Supreme Court.
(4) The provisions of paragraph (3) of the preceding Article shall apply mutatis mutandis to the ruling set forth in the preceding paragraph.
(Ruling on Order of Proceedings)
Article 73 (1) Where more than one divisional case are pending, a court shall determine the order to try the divisional cases by a ruling.
(2) Where a court deems it appropriate, by taking into consideration the assertion of the accused, situation of proceedings or other circumstances, the court may change the ruling under the preceding paragraph by a ruling.
(3) In order that a court renders a ruling under the preceding two paragraphs, the court shall hear the opinions of the public prosecutor and the accused or his/her counsel in advance as provided for in the Rules of the Supreme Court.
(Proceedings and Decisions of Divided Cases by Panel Organized only by Member Judges)
Article 74 In cases where all of cases under public prosecution included in the divided cases do not fall under the Subject Cases, or are no longer the Subject Cases because the applicable penal statute has been revoked or altered pursuant to the provision of Article 312 of the Code of Criminal Procedure, a court may render a ruling that the proceedings and decisions for the divided cases are tried by the panel organized only by the Member Judges.
(Ruling in Pretrial Arrangement Proceedings, etc.)
Article 75 The Ruling on Division Proceedings and rulings under Article 72, paragraphs (1) and (2), Article 73, paragraphs (1) and (2) and the preceding Article may be rendered in the pretrial arrangement proceedings and the inter-trial arrangement proceedings. The same shall apply to a ruling to dismiss the request under Article 71, paragraph (1) and Article 72, paragraphs (1) and (2).
(Ruling on Alternate Saiban-in in case of Ruling on Divisional Proceedings)
Article 76 Where a court renders a ruling to put the necessary number of alternate saiban-in or not to put the alternate saiban-in as set forth in Article 26, paragraph (1), in cases that the court has rendered the Ruling on Divisional Proceedings, the court shall render such ruling on proceedings and decisions of divided cases (hereinafter referred to as the "Proceedings for Divided Cases") and on the Proceedings for Consolidated Cases set forth in Article 86, paragraph (1).
Subsection 2 Trial on Divided Cases
(Argument by Public Prosecutor, etc. at Proceedings for Divided Cases)
Article 77 (1) In the proceedings for divided cases, the public prosecutor shall, after the examination of evidence, make its argument on facts pertaining to the items listed in paragraph (2), item (i) and items (iii) to (v) of the following Article and in each item of paragraph (3) and application of laws.
(2) In the proceedings for divided cases, the accused and his/her counsel may make their argument on the divided cases after the examination of the evidence.
(3) In the proceedings for divided cases, a court shall, in cases where a request has been made by participating victims pertaining to the case under public prosecution included in divided cases (meaning participating victims set forth in Article 316-33, paragraph (3) of the Code of Criminal Procedure; the same shall apply in Article 89, paragraph (1)) or attorney at law appointed by them to state opinions on facts pertaining to items set forth in paragraph (1) or application of laws, permit persons who have made such request within the scope of the facts identified as the counts on the trial after the argument by the public prosecutor pursuant to the provision of paragraph(1) in case that the court deems it appropriate by taking into consideration the situation of proceedings, number of persons having made requests and other circumstances.
(4) The provisions of Article 316-38, paragraphs (2) to (4) of the Code of Criminal Procedure shall apply mutatis mutandis to the statement of opinions pursuant to the provision of the preceding paragraph.
(5) The provision of Article 316-37 of the Code of Criminal Procedure shall apply mutatis mutandis to the question to the accused to state opinions as set forth in paragraph (3).
(Partial Judgment)
Article 78 (1) Where the case under public prosecution included in the divided cases has been proven to be an offence, the court shall pronounce conviction by a partial judgment notwithstanding the provisions of Articles 333 and 334 of the Code of Criminal Procedure.
(2) In order that a court pronounces conviction by a partial judgment, the court shall signify items listed in the following notwithstanding the provision of Article 335, paragraph (1) of the Code of Criminal Procedure:
(i) Facts constituting the offence;
(ii) List of evidence;
(iii) Application of penal statute, application of Article 54, paragraph (1) of the Penal Code (Act No. 45 of 1907) and decision on such application;
(iv) Decision on facts constituting grounds to preclude establishment of the offence by act
(v) Decision on facts constituting grounds of exculpating or mitigating the punishment by act
(3) Where a court pronounces conviction in a partial judgment, the court may signify items listed in the following:
(i) Motive, manners and consequences of the crime and other facts on the circumstances relating to the facts constituting the offence;
(ii) Facts constituting the grounds for confiscation, collection of a sum of equivalent value and return to the victim and decision on the application of the provisions relating thereto.
(4) Where the facts set forth in paragraph (2), item (iv) or (v) are asserted in the proceedings of divided cases, a court shall signify the decision on the facts in the partial judgment notwithstanding the provision of Article 335, paragraph (2) of the Code of Criminal Procedure.
(5) The provision of Article 63 shall apply mutatis mutandis to the pronouncement of the partial judgment pursuant to the provision of paragraph (1).
Article 79 Where a court has ground requiring it to render, with respect to the case under public prosecution included in divided cases, a judgment of lack of jurisdiction pursuant to the provision of Article 329 of the Code of Criminal Procedure, a judgment of acquittal pursuant to the provision of Article 336 of the Code, a dismissal for judicial bar pursuant to the provision of Article 337 of the Code or a dismissal of prosecution pursuant to the provision of Article 338 of the Code, the court shall render such judgment by a partial judgment.
(Filing of Appeal to the Court of Second Instance against Partial Judgment)
Article 80 No appeal to the court of second instance may be filed against a partial judgment notwithstanding the provision of Article 372 of the Code of Criminal Procedure.
(Separation of Proceedings after Partial Judgment for Lack of Jurisdiction, etc.)
Article 81 The partial judgment under Article 79 shall, in cases where proceedings pertaining to the case for which the partial judgment has been rendered are divided by the ruling under Article 313, paragraph (1) of the Code of Criminal Procedure, become the final judgment at the time the ruling is announced.
(Trial Record for Trial on Divided Cases)
Article 82 (1) The trial record for the trial on divided cases shall be organized promptly after each trial date or no later than the partial judgment for the divided case is pronounced notwithstanding the provision of Article 48, paragraph (3) of the Code of Criminal Procedure; provided, however, that with respect to the record for the trial date on which the partial judgment is pronounced and for the trial date in cases where the period from the trial date to the day on which the partial judgment is pronounced is shorter than ten days, it would be sufficient if the record is organized within ten days after the respective trial dates.
(2) The filing of an objection pursuant to the provision of Article 51, paragraph (1) of the Code of Criminal Procedure against the trial record under the preceding paragraph shall be made, notwithstanding the provision of paragraph (2) of the said Article, at the latest, within fourteen days after the last trial date for the trial on the divided case (or, in case of the trial record which is organized, pursuant to the provision of the proviso of the preceding paragraph, after the trial date on which the partial judgment has been pronounced, within fourteen days after the day on which the organization is completed).
(Restriction on Withdrawal of Prosecution, etc.)
Article 83 (1) The prosecution for the case under public prosecution included in divided cases shall not be withdrawn after the partial judgment is pronounced for the divided case notwithstanding the provision of Article 257 of the Code of Criminal Procedure.
(2) In cases where the Ruling on Divisional Proceedings is rendered on the case under public prosecution for which a request for a formal trial pursuant to the provision of Article 465, paragraph (1) of the Code of Criminal Procedure is made, the request shall not be withdrawn after the partial judgment is pronounced for the divided cases that include the case under public prosecution notwithstanding the provision of Article 466 of the Code.
(3) In cases where the Ruling on Divisional Proceedings under the preceding paragraph is rendered, the summary order pertaining to the request under the paragraph shall lose its effect, notwithstanding the provision of Article 469 of the Code of Criminal Procedure, at the time the final judgment on the case under public prosecution is pronounced.
(Termination of Duty of Saiban-in, etc. in Trial on Divided Cases)
Article 84 The duty of the saiban-in and alternate saiban-in who execute the duty pertaining to the trial on divided cases shall terminate notwithstanding the provision of Article 48 when either of the following items becomes applicable:
(i) When the partial judgment is pronounced for the divided case;
(ii) When the ruling to dismiss the prosecution pursuant to the provision of Article 339, paragraph (1) of the Code of Criminal Procedure is rendered for all the cases under public prosecution that are included in the divided case;
(iii) When the ruling under Article 74 is rendered for the divided case.
(Renewal of Trial Procedure for Proceedings on Divided Cases)
Article 85 Where the duty of the saiban-in who execute the duty pertaining to the trial on divided cases has terminated pursuant to the provision of the preceding Article and new saiban-in who execute the duty pertaining to the trial on other divided cases have been added to the panel under Article 2, paragraph (1), the trial procedure shall not be renewed notwithstanding the provision of Article 61, paragraph (1).
Subsection 3 Trial on Consolidated Cases
(Trial on Consolidated Cases)
Article 86 (1) After all of the trials on divided cases are concluded, a court shall conduct proceedings for cases under public prosecution other than divided cases and proceedings for divided cases (excluding those pertaining to items signified by the partial judgment that relates to cases under public prosecution included in the divided case (excluding cases in which a ruling under paragraph (3) has been rendered)) and shall render decisions for the entire consolidated cases (hereinafter referred to as the "Trial on Consolidated Cases").
(2) Where a court renders decisions on the entire consolidated cases pursuant to the provision of the preceding paragraph, the court shall be subject to items signified by the partial judgment that relates to cases under public prosecution for which the partial judgment has been rendered, except for the cases where a ruling under the next paragraph has been rendered.
(3) Where a court deems, by the consultation of the Member Judges, that grounds in the proceedings of divisional cases or the partial judgment which are listed in each item of Article 377, each item of Article 378 or each item of Article 383 of the Code of Criminal Procedure exist, the court shall render a ruling as such ex officio.
(Renewal of Trial Procedure for Trial on Consolidated Cases)
Article 87 Where the duty of the saiban-in who execute the duty pertaining to the trial on divided cases has terminated pursuant to the provision of Article 84 and new saiban-in who execute the duty pertaining to the trial on consolidated cases have been added to the panel under Article 2, paragraph (1), the trial procedure for divided cases shall be renewed within the scope necessary to conduct the trial on consolidated cases notwithstanding the provision of Article 61, paragraph (1).
(Statement of Opinion under Article 292-2 of Code of Criminal Procedure)
Article 88 The statement of opinion pursuant to the provision of Article 292-2, paragraph (1) of the Code of Criminal Procedure for cases under public prosecution included in divided cases or the submission of documents in which opinion is indicated pursuant to the provision of paragraph (7) of the said Article shall be made in the proceedings of the trial on consolidated cases; provided, however, that, in cases where it is difficult to state opinion or submit documents in the proceedings of the trial on consolidated cases or a court otherwise deems it appropriate to state an opinion or submit documents in the proceedings of the trial on divided cases including the case under public prosecution, the statement or submission may be made in the proceedings of the divided case.
(Argument by Public Prosecutor, etc. in Proceedings of Consolidated Cases)
Article 89 (1) The argument by the public prosecutor pursuant to the provision of Article 293, paragraph (1) of the Code of Criminal Procedure, the argument by the accused and his/her counsel pursuant to the provision of paragraph (2) of the Article and the statement of opinion by participating victims or attorney at law appointed by them pertaining to cases under public prosecution included in divided cases pursuant to the provision of Article 316-38, paragraph (1) of the Code, which are made in the proceedings for the trial on consolidated cases, shall not be made on items signified by the partial judgment.
(2) Where the argument or the statement of opinion set forth in the preceding paragraph overlaps with the items signified by the partial judgment, the presiding judge may limit it.
Section 2 Saiban-in to be Appointed
Subsection 1 Selection of Saiban-in to be Appointed
(Saiban-in to be Appointed)
Article 90 (1) Where a court deems it necessary in cases that it has rendered the ruling on divisional proceedings, the court may select the necessary number of saiban-in to be appointed who are to be appointed as the saiban-in or alternate saiban-in to execute the duty pertaining to other trials on divided cases or trials on consolidated cases after the duty of saiban-in or alternate saiban-in who have executed the duty pertaining to the trial on divided cases has terminated pursuant to the provision of Article 84 in the Saiban-in, etc. Appointing Procedure for the respective trials on divided cases or trials on consolidated cases in advance. In this case, the number of saiban-in to be appointed shall be determined by the court.
(2) With respect to the application of the provisions of Article 26, paragraph (2), the proviso of Article 27, paragraph (1), Article 35, paragraph (2) and Article 36, paragraph (2) in cases where the saiban-in to be appointed are selected pursuant to the provision of the preceding paragraph, the term "renders the ruling under the preceding paragraph" under Article 26, paragraph (2) shall be replaced with "determines to select the saiban-in to be appointed", the term "from the date" under the proviso of Article 27, paragraph (1) with "from the date and the day on which a ruling to appoint the saiban-in to be appointed as the saiban-in pursuant to the provision of Article 97, paragraph (1) is expected to be rendered", the term "that appoints the candidate for saiban-in as a saiban-in or alternate saiban-in is rendered pursuant to the provision of Article 37, paragraph (1) or (2)" under Article 35, paragraph (2) with "that selects as the saiban-in to be appointed pursuant to the provision of Article 91, paragraph (1)" and the term "alternate saiban-in are appointed" under Article 36, paragraph (2) with "the saiban-in to be appointed of the number exceeding the number of saiban-in are selected", the term "of alternate saiban-in to be appointed" with "exceeding the number of saiban-in of the number of saiban-in to be appointed that are to be selected" and the term "by adding two when the number of alternate saiban-in is three or four, or by adding three when the number of alternate saiban-in is five or six" with "when the number is odd number more than three and, in case of subsequent even number, the number equal to one half of such even number".
(Selection of Saiban-in to be Appointed)
Article 91 (1) In accordance with the procedure, including a draw or such other methods provided for in the Rules of the Supreme Court as involving no intentional act, a court shall render a ruling to select the saiban-in to be appointed of the number determined by the court pursuant to the provision of paragraph (1) of the preceding Article (in cases where the number of the candidates for saiban-in does not satisfy the number, such number) as the saiban-in (including the alternate saiban-in in cases where the court puts alternate saiban-in) by specifying the order to be appointed as the saiban-in from among the candidates for saiban-in who have appeared on the date of the Saiban-in, etc. Appointing Procedure and for whom a ruling of non-appointment has not been rendered.
(2) A court shall render a ruling of non-appointment for the candidates for saiban-in, other than those having been selected as the saiban-in to be appointed pursuant to the provision of the preceding paragraph, for whom a ruling of non-appointment has not been rendered.
(Measures in case of Insufficient Saiban-in to be Appointed)
Article 92 (1) Where the number of saiban-in to be appointed who have been selected pursuant to the provision of paragraph (1) of the preceding Article does not satisfy the number of saiban-in to be appointed, a court may select the number of saiban-in to fill the insufficiency.
(2) The provisions of Article 26 (excluding paragraph (1)) to Article 36 (excluding paragraph (2)) and of the preceding Article shall apply mutatis mutandis to the selection of the saiban-in to be appointed pursuant to the provision of the preceding paragraph. In this case, the term "renders the ruling under the preceding paragraph" under Article 26, paragraph (2) shall be replaced with "determines to select the insufficient number of saiban-in to be appointed", the term "from the date" under the proviso of Article 27, paragraph (1) with "from the date and the day on which a ruling to appoint the saiban-in to be appointed as the saiban-in pursuant to the provision of Article 97, paragraph (1) is expected to be rendered", the term "appoints the candidate for saiban-in as a saiban-in or alternate saiban-in is rendered pursuant to the provision of Article 37, paragraph (1) or (2)" in Article 35, paragraph (2) with "selects as the saiban-in to be appointed pursuant to the provision of Article 91, paragraph (1) which is applied mutatis mutandis pursuant to Article 92, paragraph (2)", the term "four candidates for saiban-in (in cases where a ruling under Article 2, paragraph (3) is rendered, three candidates for saiban-in)" in Article 36, paragraph (1) with "one person when the number of saiban-in to be appointed that are to be selected is one or two, and when the number is an odd number no less than three and, in case of a subsequent even number, the number equal to one half of such even number" and "determined by the court pursuant to the provision of paragraph (1) of the preceding Article" in paragraph (1) of the preceding Article with "insufficient".
Subsection 2 Revocation of Selection of Saiban-in to be Appointed
(Revocation of Selection of Saiban-in to be Appointed by Request)
Article 93 (1) The public prosecutor, the accused or his/her counsel may request a court to revoke the selection of the saiban-in to be appointed on the ground that any one of the following items is applicable; provided, however, that the request made on the ground that item (ii) is applicable shall be limited to that which is on the basis of the ground that becomes known or occurs for the saiban-in to be appointed after a ruling of their selection is rendered:
(i) If the saiban-in to be appointed does not fall under the persons set forth in Article 13, if it is a person who is not qualified for the saiban-in pursuant to the provision of Article 14 or if a person falls under the person listed in each item of Article 15, paragraph (1) or paragraph (2) or each item of Article 17;
(ii) If the saiban-in to be appointed could make prejudicial decisions;
(iii) If it has become apparent, when the saiban-in to be appointed has been a candidate for saiban-in, that the saiban-in to be appointed has given false answers in the questionnaire, has refused to make statements during the Saiban-in, etc. Appointing Procedure without justifiable grounds or has given false statements and it is inappropriate for the saiban-in to be appointed to execute the duty of saiban-in or alternate saiban-in;
(2) The court that receives the request under the preceding paragraph shall, in cases where it deems that any of each item under the paragraph is applicable, render a ruling to revoke the selection of the saiban-in to be appointed.
(3) In order that a court renders a ruling of the preceding paragraph or a ruling to dismiss the request under paragraph (1), the court shall hear the opinions of the public prosecutor and the accused or his/her counsel in advance in accordance with the provisions of the Rules of the Supreme Court.
(4) In order that a court renders a ruling to revoke the selection of the saiban-in to be appointed pursuant to the provision of paragraph (2), the court shall provide the saiban-in to be appointed with an opportunity to state its opinion.
(5) The ruling to dismiss the request under paragraph (1) shall give the grounds.
(Filing of Objection)
Article 94 (1) An objection may be filed against the ruling that dismisses the request under paragraph (1) of the preceding Article with the District Court to which the judges who have participated in the ruling belong.
(2) The District Court with which the filing of an objection under the preceding paragraph has been filed shall render a ruling by a panel.
(3) The provisions of the Code of Criminal Procedure concerning the immediate appeal shall apply mutatis mutandis to the filing of an objection under paragraph (1).
(Revocation of Selection of Saiban-in to be Appointed Ex Officio)
Article 95 (1) Where a court deems that each item of Article 93, paragraph (1) is applicable, the court shall render a ruling to revoke the selection of the saiban-in to be appointed ex officio.
(2) The provisions of Article 93, paragraphs (3) and (4) shall apply mutatis mutandis to the ruling pursuant to the provision of the preceding paragraph.
(3) Where the occurrence of any grounds listed in each of the following items makes it no longer necessary to appoint the saiban-in to be appointed as the saiban-in or alternate saiban-in who execute the duty pertaining to the trial on divided cases or the trial on consolidated cases relating to the selection, a court shall render a ruling to revoke the selection of the saiban-in to be appointed ex officio:
(i) When the Ruling on Divisional Proceedings has been revoked pursuant to the provision of Article 72, paragraph (1);
(ii) When the Ruling on Divisional Proceedings has been changed pursuant to the provision of Article 72, paragraph (2) and the trial on all cases under public prosecution included in divided cases is determined to be conducted as another trial on divided cases or trial on consolidated cases;
(iii) When, in addition to the cases listed in item (i), a ruling to dismiss the public prosecution pursuant to the provision of Article 339, paragraph (1) of the Code of Criminal Procedure has been rendered for all cases under public prosecution included in divided cases, or all cases under public prosecution other than divided cases, for which the duties are to be executed.
(iv) When the ruling under Article 74 has been rendered.
(4) Where a court deems that it is no longer necessary, in addition to the cases set forth in the preceding paragraph, to select the saiban-in to be appointed as the saiban-in or alternate saiban-in who execute the duty pertaining to the trial on divided cases or the trial on consolidated cases relating to the selection, the court may render a ruling to revoke the selection of the saiban-in to be appointed.
(Revocation of Selection of Saiban-in to be Appointed by Petition)
Article 96 (1) The saiban-in to be appointed may file a petition for the revocation of selection with a court on the grounds that it is difficult to execute the duty of saiban-in or alternate saiban-in by the grounds set forth in Article 16, paragraph (8) (which shall be limited to those which have become known, or which have occurred, after the selection has been made).
(2) Where a court receives the petition under the preceding paragraph and deems that the petition has a ground, the court shall render a ruling to revoke the selection of the saiban-in to be appointed.
Subsection 3 Appointment of Saiban-in to be Appointed as Saiban-in
Article 97 (1) A court shall, where the duty of the saiban-in and alternate saiban-in who have executed the duty pertaining to the trial on divided cases has terminated pursuant to the provision of Article 84, render a ruling, notwithstanding the provision of Article 37, to appoint the saiban-in (including the alternate saiban-in if the alternate saiban-in is put; the same applies in paragraph (5)) to execute the duty from among the saiban-in to be appointed who have been selected to be appointed as the saiban-in or alternate saiban-in who execute the duty pertaining to the subsequent trial on divided cases or the trial on consolidated cases and have appeared on the designated date for the Saiban-in, etc. Appointing Procedure in accordance with the order determined during the process of selection.
(2) A court shall summon the saiban-in to be appointed set forth in the preceding paragraph on the date set forth in the paragraph.
(3) The summons under the preceding paragraph shall be made by notifying to the saiban-in to be appointed.
(4) A court shall render a ruling to revoke the selection of the saiban-in to be appointed, who have been selected to be appointed as the saiban-in or alternate saiban-in who execute the duty pertaining to the trial on divided cases or the trial on consolidated cases as set forth in paragraph 1, other than those who have been appointed as the saiban-in or alternate saiban-in pursuant to the provision of paragraph (1).
(5) With respect to the application of the provisions of Article 29, paragraphs (1) and (2) and Article 38, paragraph (1) in cases where the saiban-in to be appointed are appointed as the saiban-in, the term "the candidates for saiban-in" in Article 29, paragraphs (1) and (2) shall be replaced with "the saiban-in to be appointed" and the term "paragraph (1) of the preceding Article" in Article 38, paragraph (1) with "Article 97, paragraph (1)".
Subsection 4 Miscellaneous Provisions
(Mutatis Mutandis Application of Provision Relating to Inquiry to Public Offices, etc.)
Article 98 The provision of Article 12, paragraph (1) shall apply mutatis mutandis to cases where it is necessary to determine that the selection of the saiban-in to be appointed should be revoked.
(Delegation to Rules of the Supreme Court)
Article 99 In addition to what is provided for in the preceding three subsections, matters necessary for the procedure of selecting the saiban-in to be appointed and their appointment as the saiban-in or alternate saiban-in shall be provided for in the Rules of the Supreme Court.
Chapter VI Measures for Protection of Saiban-in, etc.
(Prohibition on Adverse Treatment)
Article 100 No worker shall be subjected to termination of employment or other adverse treatment on the grounds that he/she takes leave to execute the duty of saiban-in or otherwise is or has been the saiban-in, alternate saiban-in, saiban-in to be appointed or candidate for saiban-in.
(Treatment of Information Capable of Identifying Saiban-in, etc.)
Article 101 (1) No person shall publish the name, address and other information capable of identifying the saiban-in, alternate saiban-in, saiban-in to be appointed or candidates for saiban-in or other expected persons. The same shall apply to the name, address and other information capable of identifying persons who were formerly in such position unless they agree to the publication of the information.
(2) For the purpose of application of the provision of the preceding paragraph, persons who have served as saiban-in or alternate saiban-in who execute the duty pertaining to the trial on divided cases and whose duty has terminated pursuant to the provision of Article 84 shall still be deemed to be saiban-in or alternate saiban-in until the decision for all consolidated cases is rendered after all the decisions on divided cases (hereinafter referred to as the "Consolidated Cases Decision") are rendered.
(Restriction on Contact with Saiban-in, etc.)
Article 102 (1) No person shall contact, in connection with a case under public prosecution, the saiban-in or alternate saiban-in or the saiban-in to be appointed who are appointed or selected by the court that handles the case under public prosecution.
(2) No person shall contact persons who have served as saiban-in or alternate saiban-in for the purpose of obtaining secrecy that the saiban-in or alternate saiban-in came to know in connection with their duty.
(3) For the purpose of application of the provision of the preceding two paragraphs, persons who have served as saiban-in or alternate saiban-in who execute the duty pertaining to the trial on divided cases and whose duty has terminated pursuant to the provision of Article 84 shall still be deemed to be saiban-in or alternate saiban-in until the Consolidated Cases Decision is rendered.
Chapter VII Miscellaneous Provisions
(Publication of Operational Situation)
Article 103 The Supreme Court shall publish each year the handling situation of Subject Cases, situation of appointment of saiban-in and alternate saiban-in and other materials relating to the implementation of this Act.
(Application of This Act to Wards of Designated Cities)
Article 104 In the designated cities set forth in Article 252-19, paragraph (1) of the Local Autonomy Act (Act No. 67 of 1947), provisions referring to a city under Article 20, paragraph (1), Article 21, paragraphs (1) and (2), Article 22, Article 23, paragraphs (4) (including cases where these provisions are applied mutatis mutandis in Article 24, paragraph (2)) and Article 24, paragraph (1) shall apply to a ward.
(Classification of Affairs)
Article 105 Affairs that are deemed to be processed by municipalities pursuant to the provisions of Article 21, paragraphs (1) and (2), Article 22, Article 23, paragraph (4) (including cases where these provisions are applied mutatis mutandis in Article 24, paragraph (2)) shall be the item (i) statutory entrusted affairs set forth in Article 2, paragraph (9), item (i) of the Local Autonomy Act.
Chapter XIII Penal Provisions
(Offence of Making Requests, etc. to Saiban-in, etc.)
Article 106 (1) Except for cases conducted by procedures provided for in laws and regulations, a person who has made any request to saiban-in or alternate saiban-in in connection with their duty shall be punished by imprisonment with work for not more than two years or a fine of not more than 200,000 yen.
(2) The preceding paragraph shall apply to a person who has stated an opinion or provided information in connection with fact finding, sentencing of punishment or other decisions to be done as saiban-in to saiban-in or alternate saiban-in, for the purpose of influencing the trial on the case under public prosecution except for cases conducted by procedures provided for in laws and regulations.
(3) Paragraph (1) shall apply to a person who has made any request to saiban-in to be appointed in connection with their duty to be executed as saiban-in or alternate saiban-in.
(4) Paragraph (1) shall apply to a person who has stated an opinion or provided information in connection with fact finding or other decisions to be done as saiban-in to saiban-in to be appointed for the purpose of influencing the trial on the case under public prosecution.
(Offence of Intimidation toward Saiban-in, etc.)
Article 107 (1) A person who intimidates, in connection with cases under public prosecution, saiban-in or alternate saiban-in who execute the duty pertaining to the trial on the case under public prosecution or persons who were formerly in such position or relatives of such persons by interview, sending documents, making telephone calls or any other means whatsoever shall be punished by imprisonment with work for not more than two years or a fine of not more than 200,000 yen.
(2) The preceding paragraph shall apply to a person who intimidates, in connection with cases under public prosecution, candidates for saiban-in who have been selected for appointment as saiban-in or alternate saiban-in who execute the duty pertaining to the trial on the case under public prosecution or saiban-in to be appointed who are to execute the duty of saiban-in or alternate saiban-in or relatives of such persons by interview, sending documents, making telephone calls or any other means whatsoever.
(Offence of Divulging Confidential Information by Saiban-in, etc.)
Article 108 (1) Where a saiban-in or alternate saiban-in has divulged the secrecy of deliberations or other confidential information which he/she came to know in connection with his/her duty, such person shall be punished by imprisonment with work for not more than six months or a fine of not more than 500,000 yen.
(2) The preceding paragraph shall apply to the cases where a person who has served as saiban-in or alternate saiban-in falls under any of the following items:
(i) If he/she has divulged confidential information which he/she came to know in connection with their duties (excluding secrecy of deliberations);
(ii) If he/she has divulged the opinions of judges or saiban-in or their number, which are classified as secrecy of deliberations, at deliberations conducted by the Member Judges and the saiban-in or deliberations conducted only by the Member Judges that the saiban-in are permitted to observe;
(iii) If he/she has divulged secrecy of deliberations (excluding those set forth in the preceding item) for the purpose of obtaining property profits or other profits;
(3) Excluding cases under item (iii) of the preceding paragraph, where a person who has served as a saiban-in or alternate saiban-in has divulged secrecy of deliberations (excluding those set forth in item (ii) of the preceding paragraph), such person shall be punished by a fine of not more than 500,000 yen.
(4) For the purpose of application of the provisions of the preceding three paragraphs, a person who has served as a saiban-in or alternate saiban-in who executes the duty pertaining to the trial on divided cases and whose duty has terminated pursuant to the provision of Article 84 shall still be deemed to be a saiban-in or alternate saiban-in until the Consolidated Cases Trial is rendered.
(5) The paragraph (1) shall apply to cases where a saiban-in or alternate saiban-in has stated facts that he/she considers should be found, or punishment that he/she considers should be sentenced in the case under public prosecution, or facts that he/she considers to be found, or punishment that he/she considers to be sentenced by the court, to persons other than the Member Judges or other saiban-in or alternate saiban-in who are presently executing the duty pertaining to the trial on the case under public prosecution.
(6) The paragraph (1) shall apply to cases where a person, who has served as saiban-in or alternate saiban-in, has commented on the appropriateness of fact finding or sentencing of punishment expressed in the judgment (including rulings under Article 55 of the Juvenile Act; hereinafter the same shall apply in this paragraph) to persons other than those who have been the Member Judges or other saiban-in or alternate saiban-in who have participated in the judgment in the trial on the case under public prosecution pertaining to their duties.
(7) The paragraph (1) shall apply to cases where a person, who has served as a saiban-in or alternate saiban-in to execute the duty pertaining to the trial on divided cases and whose duty has terminated pursuant to the provision of Article 84, has stated, during the time until the Consolidated Cases Decision is rendered, facts (excluding those pertaining to cases under public prosecution other than the divided cases) that he/she considers should be found, or punishment that he/she considers should be sentenced in the trial on consolidated cases, or facts (excluding those pertaining to cases under public prosecution other than the divided cases) that he/she considers to be found, or punishment that he/she considers to be sentenced by the court in the trial on consolidated cases, to persons other than those who have served as the Member Judges or other saiban-in or alternate saiban-in who have participated in the partial judgment in the trial on the divided cases.
(Offence of Divulging of Names, etc. of Saiban-in)
Article 109 Where the public prosecutor or the counsel or persons who were formerly in such positions or the accused or persons who were the accused have divulged, without justifiable grounds, the names of candidates for saiban-in for cases under public prosecution, matters that the candidates for saiban-in have stated in the questionnaire set forth in Article 30 (including cases where applied mutatis mutandis pursuant to Article 38, paragraph (2) (including cases where applied mutatis mutandis pursuant to Article 46, paragraph (2)), Article 47, paragraph (2) and Article 92, paragraph (2); the same applies in the following Article) or statements of the candidates for saiban-in in the Saiban-in, etc. Appointing Procedure, such persons shall be punished by imprisonment with work for not more than one year or a fine of not more than 500,000 yen.
(Offence of False Indication, etc. by Candidates for Saiban-in)
Article 110 Where a candidate for saiban-in has given false answers in the questionnaire set forth in Article 30 and submitted it to a court or have given false answers to questions in the Saiban-in, etc. Appointing Procedure, such candidate shall be punished by a fine of not more than 500,000 yen.
(Non-criminal Fine on False Indication, etc. by Candidates for Saiban-in)
Article 111 Where a candidate for saiban-in, in violation of the provisions of Article 30, paragraph (3) or Article 34, paragraph (3) (including cases where these provisions are applied mutatis mutandis pursuant to Article 38, paragraph (2) (including cases where applied mutatis mutandis pursuant to Article 46, paragraph (2)), Article 47, paragraph (2) and Article 92, paragraph (2)) has given false answers in the questionnaire or has refused to make statements in the Saiban-in, etc. Appointing Procedure without justifiable grounds or has given false statements, a court may punish such candidates by a non-criminal fine of not more than 300,000 yen by its ruling.
(Non-criminal Fine on Nonappearance, etc. by Candidates for Saiban-in)
Article 112 Where any of the following items is applicable, a court may punish such person by a non-criminal fine of not more than 100,000 yen by its ruling:
(i) If a candidate for saiban-in who is summoned has not appeared in violation of the provisions of Article 29, paragraph (1) (including cases where applied mutatis mutandis pursuant to Article 38, paragraph (2) (including cases where applied mutatis mutandis pursuant to Article 46, paragraph (2)), Article 47, paragraph (2) and Article 92, paragraph (2)) without justifiable grounds;
(ii) If a saiban-in to be appointed who is summoned has not appeared in violation of the provision of Article 29, paragraph (1), which is applied replaced with the provision of Article 97, paragraph (5), without justifiable grounds;
(iii) If a saiban-in or alternate saiban-in has refused to swear an oath as set forth in Article 39, paragraph (2) without justifiable grounds;
(iv) If a saiban-in or alternate saiban-in has not appeared, in violation of the provision of Article 52, on the date and time and at the place of examination of witnesses and other persons or inspection that is conducted by a court on the trial date or in the trial preparation without justifiable grounds;
(v) If a saiban-in has not appeared, in violation of the provision of Article 63, paragraph (1) (in cases where applied mutatis mutandis pursuant to Article 85, paragraph (5)), on the trial date without justifiable grounds.
(Immediate Appeal)
Article 113 An immediate appeal may be filed against the ruling set forth in the preceding two Articles.
Supplementary Provisions [Extract]
(Effective Date)
Article 1 This Act shall come into force as from the date prescribed by the Cabinet Order within a period not exceeding five years from the date of promulgation; provided, however, that the provisions listed in the following items shall come into force as from the date prescribed in the item:
(i) The provisions of the following Article and Article 3 of the Supplementary Provisions: the date of promulgation
(ii) The provisions of Articles 20 to 23, Article 25, Article 100, Article 101,and Article 104 and Article 105 and Article 6 of the Supplementary Provisions: the date prescribed by a Cabinet Order within a period not exceeding four years and six months from the date of promulgation
(iii) The provisions of Article 17, item (ix) (which shall be limited to a part pertaining to an alternate councilor): the date prescribed in Article 1, item (ii) of the Supplementary Provisions for the Act on the Partial Amendment to the Code of Criminal Procedure, etc. (Act No. 62 of 2004) or the effective date of this Act, whichever is the later
(iv) The provisions of Article 77, paragraphs (3) to (5): the effective date of the Act on the Partial Amendment to the Code of Criminal Procedure, etc. for Purpose of Protection of Rights and Interests of Crime Victims (Act No. 95 of 2007) or the effective date of this Act, whichever is the later
(Measures, etc. Prior to Implementation)
Article 2 (1) The Government and the Supreme Court shall, in consideration of the fact that the system of criminal trials with the participation of saiban-in is capable of fully exercising its function as the basis of Japan's judicial system only with the awareness of the people for participating in the justice system and their cooperation based on such awareness, take measures, during the period prior to the implementation of this Act, to deepen the understanding and interest of the people in the system of criminal trials with the participation of saiban-in by, for example, explaining specifically and plainly the importance of the participation of the people in the trials as saiban-in, the procedure to appoint saiban-in, the proceedings of trials, the duty of saiban-in during deliberations and so on and to enhance active participation in criminal trials based on the awareness of the people.
(2) In establishing the Cabinet Order under the preceding Article, due considerations must be given to the situation whether or not, based on the achievement of measures pursuant to the provision of the preceding paragraph, criminal trials with the participation of saiban-in can be implemented smoothly and properly.
(Arrangement of Environment)
Article 3 The Government shall, in consideration of the fact that it is essential to enable the people to participate in trials as saiban-in more easily in order to operate the system of criminal trials with the participation of saiban-in smoothly, endeavor to arrange the environment required therefor.
(Transitional Measures)
Article 4 (1) The provisions of Article 2, paragraph (1) and Article 4 shall not apply to cases which are presently pending before the court at the time of implementation of this Act. The same shall apply to those for which judgments become final prior to the implementation of this Act and for which rulings for the commencement of retrial become final.
(2) Notwithstanding the provision of the preceding paragraph, with respect to cases which are presently pending before the court at the time of implementation of this Act and for which their proceedings are deemed appropriate to consolidate in proceedings of the Subject Cases, the court may handle these cases, by ruling, by the panel under Article 2, paragraph (1) by ruling.
(3) Where a court has rendered a ruling under the preceding paragraph, the court shall, pursuant to the provisions of the Code of Criminal Procedure, consolidate proceedings of cases pertaining to the ruling and the Subject Cases.
(Review)
Article 9 The Government shall review the situation of implementation of this Act after three years have elapsed from the implementation of this Act and take appropriate measures, if it deems necessary based on the result of the review, to ensure that the system of criminal trials with the participation of saiban-in is capable of fully exercising its function as the basis of Japan's judicial system.