Act No. 74 of June 2, 2004 Comprehensive Legal Support Act Table of Contents Chapter I General Provisions (Article 1) Chapter II Implementation of Comprehensive Legal Support and the Establishment of a Comprehensive Legal Support Framework (Articles 2 through 12) Chapter III Japan Legal Support Center Section 1 General Rules Subsection 1 General Rules (Articles 13 through 18) Subsection 2 Japan Legal Support Center Evaluation Committee (Article 19) Subsection 3 Incorporation (Articles 20 and 21) Section 2 Organization Subsection 1 Officers and Employees (Articles 22 through 28-2) Subsection 2 Review Committee (Article 29) Section 3 Administration of Services Subsection 1 Services (Articles 30 through 39-3) Subsection 2 Medium-Term Objectives (Articles 40 through 42-2) Section 4 Finance and Accounting (Articles 43 through 47-4) Section 5 Miscellaneous Provisions (Articles 48 through 51) Chapter IV Penal Provisions (Articles 52 through 55) Supplementary Provisions Chapter I General Provisions
(Purpose) Article 1 In light of the fact that changes in socioeconomic circumstances at home and abroad have made it increasingly important for people to have recourse to the law in resolving disputes, this Act aims to contribute to the formation of a more free and just society by providing for the basic principles, responsibilities of the national and local governments, and other fundamentals for implementing and establishing a framework for comprehensive legal support to facilitate people's use of the courts and other systems that give people recourse to the law to resolve disputes while making it easier for people to access the services of attorneys and legal professional corporations, as well as the services of judicial scriveners and other legal specialists (meaning persons other than attorneys or legal professional corporations, who are authorized under the law to engage in the practice of handling other persons' legal matters; the same applies hereinafter) (such support is hereinafter referred to as "comprehensive legal support"), and also by providing for the organization and administration of the Japan Legal Support Center, which sits at the center of that support framework.
Chapter II Implementation of Comprehensive Legal Support and the Establishment of a Comprehensive Legal Support Framework
(Basic Principles) Article 2 The implementation of comprehensive legal support and the establishment of a comprehensive legal support framework is to be undertaken pursuant to the following Article through Article 7, with the aim of establishing a society in which people throughout the country can get the information and services they need to have recourse to the law in resolving disputes regardless of whether it relates to a civil or criminal matter.
(Improving and Strengthening How Information Is Provided) Article 3 In implementing comprehensive legal support and establishing a comprehensive legal support framework, it must be undertaken to improve and strengthen not only how the information and materials necessary for people to effectively utilize the courts and other systems that give people recourse to the law in resolving disputes are provided, but also how information and materials concerning the services of attorneys, legal professional corporations, and legal specialists, and the activities of local bar associations, the Japan Federation of Bar Associations, and associations of legal specialists (meaning corporations that legal specialists are legally obligated to incorporate, or corporations that those corporations are legally obligated to incorporate; the same applies hereinafter) are provided, in order to enable people to have recourse to the law so as to promptly and properly resolve disputes.
(Maintenance and Development of a Civil Legal Aid Program) Article 4 In implementing comprehensive legal support and establishing a comprehensive legal support framework, it must be undertaken to appropriately maintain and develop a civil legal aid program that makes it easier for persons of limited means and other persons who have difficulty in obtaining the services they need in order to have recourse to the law to resolve disputes to have recourse to civil, family, and administrative court proceedings (meaning court proceedings in civil cases, domestic relations cases, and administrative cases; the same applies hereinafter) and to administrative complaint filing procedures (meaning the procedures for filing complaints pursuant to the Administrative Complaint Review Act (Act No. 68 of 2014); the same applies in Article 30, paragraph (1), item (ii)), in light of the fact that such civil legal aid program is of great public interest.
(Establishing How Court-Appointed Attorneys and Attendants Are Appointed and How Court-Appointed Attorneys for Participating Victims Are Selected) Article 5 In implementing comprehensive legal support and establishing a comprehensive legal support framework, it must be undertaken to establish how court-appointed attorneys (meaning attorneys that the court, presiding judge, or other judges assign to the defendant or the accused based on the Code of Criminal Procedure (Act No. 131 of 1948); the same applies hereinafter) and court-appointed attendants (meaning attendants who are attorneys, and whom the courts assigns to a juvenile based on the Juveniles Act (Act No. 168 of 1948); the same applies hereinafter) are appointed and how court-appointed attorneys for participating victims (meaning participating victims' attorneys as provided in Article 11, paragraph (1) of the Act on Measures Incidental to Criminal Proceedings for Protecting the Rights and Interests of Crime Victims (Act No. 75 of 2000; hereinafter referred to as "the Crime Victims Protection Act") whom the court appoints based on the Crime Victims Protection Act; the same applies hereinafter) are selected.
(Full Use of Assistance for Victims and Their Families) Article 6 In implementing comprehensive legal support and establishing a comprehensive legal support framework, it must be undertaken to ensure that full use can be made of the systems that allow victims and their families (meaning persons who have sustained an injury due to a crime or their spouses, lineal relatives, or siblings, if such a person has died or suffered serious physical or mental harm; the same applies hereinafter) to appropriately participate in criminal proceedings as well as helping them recover from the damage or alleviate the pain they have suffered, and to ensure that full use can be made of other systems for assisting victims and their families.
(Ensuring and Strengthening Coordination) Article 7 In implementing comprehensive legal support and establishing a comprehensive legal support framework, it must be undertaken to ensure and strengthen coordination among the national government, local governments, local bar associations, the Japan Federation of Bar Associations, associations of legal specialists, attorneys, legal professional corporations, and legal specialists; persons involved in alternative dispute resolution procedures (meaning alternative dispute resolution procedures prescribed in Article 1 of the Act on Promotion of the Use of Alternative Dispute Resolution Procedures (Act No. 151 of 2004); the same applies in Article 30, paragraph (1), item (x) and Article 32, paragraph (3)), organizations and others providing assistance for victims and their family members, organizations providing assistance for the aged and for persons with disabilities; and other related persons.
(Responsibilities of the National Government) Article 8 The national government is responsible for comprehensively formulating and implementing policies for the implementation of comprehensive legal support and the establishment of a comprehensive legal support framework in accordance with the basic principles set forth in Article 2 (hereinafter referred to as "the basic principles").
(Responsibilities of the Local Governments) Article 9 The local government is responsible for taking the necessary measures to implement comprehensive legal support and establish a comprehensive legal support framework in its region while remaining mindful of the appropriate sharing of roles with the national government, in light of the fact that the implementation of comprehensive legal support and establishment of a comprehensive legal support framework contributes to improving the welfare of the inhabitants.
(Responsibilities of the Japan Federation of Bar Associations and Local Bar Associations) Article 10 (1) The Japan Federation of Bar Associations and local bar associations are to endeavor to provide the necessary support for the implementation of comprehensive legal support and the establishment of a comprehensive legal support framework in accordance with the basic principles, such as by undertaking to fully prepare the framework for cooperation by their member attorneys and legal professional corporations in light of the purpose of comprehensive legal support and the importance of attorneys' calling and professional duties. (2) Attorneys and legal professional corporations are to endeavor to provide the necessary cooperation for the implementation of comprehensive legal support and the establishment of a comprehensive legal support framework in accordance with the basic principles, in light of the purpose of comprehensive legal support and their own professional responsibilities. (3) Legal specialists and associations of legal specialists are to endeavor to provide the necessary cooperation for the implementation of comprehensive legal support and the establishment of a comprehensive legal support framework in accordance with the basic principles, in light of the purpose of comprehensive legal support and their own professional responsibilities.
(Legislative, Financial, and Other Measures) Article 11 The national government must take the necessary legislative, financial, and other measures to implement the policies referred to in Article 8.
(Attention to the Special Characteristics of Professional Duties) Article 12 In the application of this Act, attention must always be paid to the special characteristics of the professional duties of attorneys and legal specialists.
Chapter III Japan Legal Support Center
Section 1 General Rules Subsection 1 General Rules
(Purpose of This Chapter) Article 13 The organization and administration of the Japan Legal Support Center (hereinafter referred to as "the JLSC") are governed by this chapter.
(Purpose of the JLSC) Article 14 The purpose of the JLSC is to promptly and appropriately render comprehensive legal support services.
(Legal Personality) Article 15 The JLSC is a corporation.
(Offices) Article 16 (1) The principal office of the JLSC is located in Tokyo. (2) In addition to the principal office referred to in the preceding paragraph, the JLSC may establish other offices in the necessary places, in consideration of the local environment, the efficiency of operations, and other circumstances.
(Stated Capital) Article 17 (1) The stated capital of the JLSC is the amount of capital contributed by the national government at the time of its incorporation. (2) The JLSC may increase its stated capital, if necessary, with the approval of the Minister of Justice. (3) The national government and local governments (hereinafter collectively referred to as "the government") may contribute capital to the JLSC if it increases its stated capital pursuant to the preceding paragraph. (4) When contributing capital to the JLSC pursuant to the preceding paragraph, the government may designate the purpose for which its contribution is made as land or a building or other fixture to land (hereinafter collectively referred to as "land or fixture"). (5) The value of the land or fixture designated as the purpose of a capital contribution pursuant to the preceding paragraph is the value at which it has been appraised by the members of the evaluation committee based on the market value as of the date of the capital contribution. (6) Cabinet Order prescribes the necessary particulars regarding the members of the evaluation committee and appraisal as referred to in the preceding paragraph. (7) It is not permissible for a person other than the government to contribute capital to the JLSC.
(Restrictions on Name Use) Article 18 It is prohibited for a person that is not the JLSC to use the name "Japan Legal Support Center".
Subsection 2 Japan Legal Support Center Evaluation Committee
(Japan Legal Support Center Evaluation Committee) Article 19 (1) The Japan Legal Support Center Evaluation Committee (hereinafter referred to as "the evaluation committee") is hereby established within the Ministry of Justice to handle the administrative functions of the Japan Legal Support Center. (2) The evaluation committee is responsible for the following administrative functions: (i) those related to evaluating the business performance of the JLSC; (ii) the handling of other things that are subject to the authority of the evaluation committee pursuant to this Act. (3) Evaluation committee membership must be arranged to include at least one judge who has been recommended by the Supreme Court. (4) Cabinet Order prescribes the organization of the evaluation committee, administrative functions under its jurisdiction, its members and other employees, and other necessary particulars of the evaluation committee beyond what is provided in the preceding two paragraphs.
Subsection 3 Incorporation
(President and Auditors) Article 20 (1) The Minister of Justice names the person who will serve as the president and head of the JLSC as well as the persons who will serve as auditors. (2) Prior to naming a person to serve as the president and persons to serve as auditors of the JLSC pursuant to the preceding paragraph, the Minister of Justice must hear the opinion of the Supreme Court. (3) Having named a person to serve as the president and persons to serve as auditors of the JLSC pursuant to paragraph (1), the Minister of Justice must notify the Supreme Court of this without delay. (4) The person named as the president and persons named as auditors pursuant to paragraph (1) are deemed to have been appointed as the president and auditors at the time of the JLSC's establishment, pursuant to the provisions of this Act. (5) Article 24, paragraph (1) applies mutatis mutandis to the naming of the person who will serve as president as referred to in paragraph (1).
(Organizing Committee Members) Article 21 (1) The Minister of Justice and the Supreme Court must each order the organizing committee members to handle the administrative functions related to the incorporation of the JLSC. (2) The organizing committee members that the Supreme Court issues orders to must be judges. (3) Once the organizing committee members have completed preparations for the incorporation of the JLSC, they must notify the Minister of Justice and the Supreme Court of this without delay and hand over their functions to the person named to become the president pursuant to paragraph (1) of the preceding Article.
Section 2 Organization Subsection 1 Officers and Employees
(Officers) Article 22 (1) A president and two auditors are assigned to the JLSC as officers. (2) A maximum of three directors may be assigned to the JLSC as officers. (3) In addition to the directors set forth in the preceding paragraph, a part-time director may be assigned to the JLSC as an officer.
(Professional Duties and Authority of the Officers) Article 23 (1) The president represents the JLSC and presides over its business. (2) The directors assist the president and conducts JLSC business as specified by the president. (3) Auditors audit the business of the JLSC. In doing so, the auditors must prepare an audit report pursuant to Ministry of Justice Order. (4) Auditors may ask an officer (other than the auditors themselves) or employee to report on programs and services, and may investigate the status of the business and assets of the JLSC, at any time. (5) Before the JLSC submits a document related to permission, approval, certification, or notification, or a report or other document prescribed by Ministry of Justice Order to the Minister of Justice pursuant to this Act or the Act on General Rules for IIAs as applied mutatis mutandis (meaning the Act on General Rules for Incorporated Administrative Agencies (Act No. 103 of 1999) as applied mutatis mutandis pursuant to Article 48; the same applies hereinafter), the auditors must review it. (6) If it is necessary for them to do so in order to perform their duties, the auditors may ask a JLSC subsidiary (meaning a corporation as prescribed by Ministry of Justice Order as one whose operations the JLSC controls; the same applies hereinafter) to report on its services, and may investigate the status of the business and assets of that subsidiary. (7) A subsidiary as referred to in the preceding paragraph may refuse to file a report or submit to an investigation referred to in the preceding paragraph if there are reasonable grounds for it to do so. (8) The auditors may submit an opinion to the president or the Minister of Justice if they find this to be necessary based on the results of their audit. (9) If the auditors submit an opinion pursuant to the preceding paragraph, the Minister of Justice must notify the Supreme Court of the content of that opinion without delay. (10) Pursuant to the president's specifications, a director acts as a proxy in handling the duties of the president if the president is unable to attend to them, and performs the duties of the president if the position is vacant; provided, however, that this is done by an auditor if there are no directors. (11) In a case as referred to in the proviso of the preceding paragraph, an auditor acting as proxy to the president or performing the duties of the president pursuant to the main clause of that paragraph must not perform the duties of an auditor during that time.
(Duty to Report to the President and the Minister of Justice) Article 23-2 (1) If an auditor finds that an officer (other than an auditor themselves) has engaged in misconduct or is likely to do so, or finds there to be a factual circumstance that violates this Act or other laws and regulations, or a factual circumstance that is grossly improper, the auditor must report this to the president as well as to the Minister of Justice, without delay. (2) Having received a report under the preceding paragraph, the Minister of Justice must notify the Supreme Court of its contents without delay.
(Appointment of Officers) Article 24 (1) The Minister of Justice appoints the president from among persons with a high level of knowledge about the administrative functions and services handled by the JLSC, who are able to administer a service appropriately, fairly, and with neutrality (other than judges and public prosecutors or persons who were judges or public prosecutors in the two years prior to the appointment). (2) The Minister of Justice appoints auditors. (3) Prior to appointing a president or auditor pursuant to the preceding two paragraphs, the Minister of Justice must hear the opinion of the Supreme Court. (4) In appointing a president or auditor pursuant to paragraph (1) or paragraph (2), the Minister of Justice must endeavor to use open recruitment (meaning recruitment of candidates by giving public notice of the details of the duties, working terms and conditions, and other necessary particulars concerning the duties of the president or auditor; hereinafter the same applies in this paragraph), if necessary. Even if not using open recruitment, the Minister of Justice must endeavor to take necessary measures, such as asking for recommendations for candidates, to ensure that a person who is considered to be qualified for the position will be appointed while ensuring transparency. (5) The president selects and appoints directors from among persons as prescribed in paragraph (1). (6) When appointing a director pursuant to the preceding paragraph, the president must notify the Minister of Justice of this, as well as making it public, without delay. (7) Having appointed a president or auditor pursuant to paragraph (1) or (2), the Minister of Justice must notify the Supreme Court of this without delay.
(Directors' Terms of Office) Article 25 The term of office of a director is two years; provided, however, that the term of office of a director who has been appointed to fill a vacancy is the remaining term of office of the predecessor.
(Dismissal of Officers) Article 26 (1) The Minister of Justice must dismiss an officer appointed thereby and the president must dismiss an officer appointed thereby if that officer has become ineligible to be an officer pursuant to Article 22 of the Act on General Rules for IAAs as applied mutatis mutandis. The same applies if a president or a director becomes a judge or public prosecutor. (2) The Minister of Justice may dismiss an officer appointed thereby and the president may dismiss an officer appointed thereby if the officer falls under one of the following items or upon finding it to be inappropriate for the officer to remain in the position: (i) it is found that the officer will have difficulty in performing official duties due to a mental or physical disorder; (ii) the officer has neglected the official duties thereof. (3) Beyond as prescribed in the preceding paragraph, the Minister of Justice may dismiss an officer appointed thereby and the president may dismiss an officer appointed thereby if the business performance of the JLSC has deteriorated due to unsatisfactory performance of official duties by an officer (excluding an auditor), and the minister or the president finds it inappropriate to have that officer continue to perform those duties. (4) Prior to dismissing the president or an auditor pursuant to the preceding two paragraphs, the Minister of Justice must hear the opinion of the Supreme Court. (5) Having dismissed the president or an auditor pursuant to paragraphs (1) through (3), the Minister of Justice must notify the Supreme Court of this without delay. (6) Having dismissed a director pursuant to paragraph (2) or (3), the president must notify the Minister of Justice of this, as well as making it public, without delay.
(Duty of Confidentiality of the Officers and Employees) Article 27 An officer or employee of the JLSC must not divulge confidential information learned in the course of duties. This also applies after the person has left the position.
(Status of Officers and Employees) Article 28 For the purpose of applying the Penal Code (Act No. 45 of 1907) and other penal provisions, the officers and employees of the JLSC are deemed to be employees engaged in public service pursuant to laws and regulations.
(Filing of Opinions by the Japan Legal Support Center Evaluation Committee) Article 28-2 (1) On receipt of a notification under Article 50-2, paragraph (2) of the Act on General Rules for IAAs as applied mutatis mutandis, the Minister of Justice is to notify the evaluation committee of the standards for the payment of the remuneration and severance pay (hereinafter referred to as "remuneration, etc.") to which that notification refers. (2) On being notified as under the preceding paragraph, the evaluation committee may submit an opinion to the Minister of Justice as to whether the standards for the payment of the remuneration, etc. to which the notice refers are in line with the general conditions in society as a whole.
Subsection 2 Review Committee
(Review Committee) Article 29 (1) A review committee is hereby established within the JLSC to deliberate on matters that should be decided on regarding the administration of the JLSC's services, with particular attention to the characteristics of attorneys' and legal specialists' professional duties. (2) The president appoints the following persons (but only persons who are not also the officers and employees of the JLSC) as members of the review committee (hereinafter referred to as "committee members" in this Article): (i) one judge recommended by the Supreme Court; (ii) one public prosecutor recommended by the Prosecutor-General; (iii) two attorneys recommended by the president of the Japan Federation of Bar Associations; (iv) five persons of excellent insight. (3) The term of office of a committee member is two years. (4) The proviso of Article 25; Article 26, paragraph (2); Article 27; and Article 28 of this Act; and Article 21, paragraph (4) of the Act on General Rules for IAAs as applied mutatis mutandis apply mutatis mutandis to committee members. (5) If a committee member becomes an officer or employee of the JLSC or loses the qualification provided for in paragraph (2), items (i) through (iii), the president must dismiss that committee member. (6) Prior to dismissing a committee member who is a judge, public prosecutor, or attorney pursuant to Article 26, paragraph (2) as applied mutatis mutandis pursuant to paragraph (4), the president must hear the opinion of the Supreme Court, the Prosecutor-General, or the president of the Japan Federation of Bar Associations. (7) Having dismissed a committee member who is a judge, public prosecutor, or attorney pursuant to Article 26, paragraph (2) as applied mutatis mutandis pursuant to paragraph (4), the president must notify the Supreme Court, the Prosecutor-General, or the president of the Japan Federation of Bar Associations of this without delay. (8) The review committee must pass a resolution before the president undertakes to reach a decision on the following: (i) the particulars of the measures that will be taken if a complaint is filed concerning the handling of a legal service by a contract attorney or other legal service provider (meaning an attorney, legal professional corporation, or legal specialist that is under contract with the JLSC to handle other persons' legal matters in connection with the JLSC services prescribed in the following Article; the same applies hereinafter), and of other measures that will be taken against a contract attorney or other legal services provider based on such a contract (excluding what is determined by the review committee to be a minor matter not to requiring a resolution of the review committee); (ii) the particulars of the preparation and revision of the rules on the handling of legal services provided for in Article 35, paragraph (1). (9) The review committee has a chairperson decided upon by the committee members, who choose that chairperson from among themselves. (10) The chairperson presides over the review committee.
Section 3 Administration of Services Subsection 1 Services
(Scope of Services) Article 30 (1) The JLSC provides the following comprehensive legal support services in order to achieve the objectives referred to in Article 14: (i) collecting and organizing the following information and materials, providing them for the public to use through information and communications technologies or by other means, and providing them in response to individual requests: (a) information and materials that contribute to the effective use of the courts and other systems that give people recourse to the law to resolve their disputes; (b) information and materials concerning the services of attorneys, legal professional corporations, and legal specialists, and the activities of the Japan Federation of Bar Associations and associations of legal specialists; (ii) services as follows for providing assistance to Japanese citizens and foreign nationals lawfully residing in Japan (hereinafter collectively referred to as "citizens and legal foreign residents") who lack the financial means to pay the necessary expenses incurred in preparing to exercise and exercising their own rights in civil, family, and administrative court proceedings or administrative complaint filing procedures, or who would experience serious financial difficulties if they were to pay those expenses themselves: (a) lending money to pay remuneration to a representative to prepare for and pursue the proceedings provided for in sub-clauses 1. and 2., below, in line with the categories of case set forth in each of those sub-clauses (including negotiations that are found to be necessary to settle a dispute in advance of civil, family, and administrative court proceedings), and other necessary actual costs of the legal services performed by such a representative: 1. if providing assistance to a citizen or legal foreign resident who may be precluded from exercising their own rights due to insufficient cognitive functioning (hereinafter referred to as a "person eligible for specific assistance" in this paragraph): civil, family, or administrative court proceedings; or administrative complaint filing procedures involving public benefits that enable the person eligible for specific assistance to live independently; 2. if providing assistance to a citizen or legal foreign resident other than a person eligible for specific assistance: civil, family, or administrative court proceedings; (b) instead of lending money as provided in (a) above, having the appropriate contract attorney or other legal services provider handle services that would otherwise be handled by a representative as referred to in (a), for a person who agrees to pay the JLSC an amount equivalent to the remuneration and actual costs provided for in (a) above; (c) requesting a person that the Attorney Act (Act No. 205 of 1949) or any other Act permits to prepare, upon request, documents for submission to the court in the course of trade, to prepare the necessary documents for civil, family, or administrative court proceedings (or the procedures provided for in (a) 1., above, if assisting a person eligible for specific assistance), and lending the money to pay to such a person the remuneration owed and the actual costs necessary for the preparation of those documents; (d) instead of lending money as provided in (c) above, having the appropriate contract attorney or other legal services provider handle the services necessary for preparing the documents provided for in (c) above, for a person who agrees to pay the JLSC an amount equivalent to the remuneration and actual costs provided for in (c) above; (e) arranging for legal consultations with persons that the Attorney Act or any other Act permits to handle legal consultations in the course of trade (referred to hereinafter in this paragraph simply as "legal consultations") (this excludes legal consultations in criminal matters; the same applies in the following item and in item (iv)); (iii) arranging for the necessary legal consultations to assist persons eligible for specific assistance who cannot be expected to seek the services of an attorney, legal professional corporation, or legal specialist of their own accord due to not having any relatives living in their vicinity or for other reasons, so as to enable them to be independent in their daily lives and within society; (iv) making available the necessary legal consultations for citizens and legal foreign residents who, on the day of an extremely anomalous and severe natural disaster specified by Cabinet Order as creating a disaster-affected area for which it is found to be particularly necessary to smoothly make legal consultations available, had an address, residence, place of business, or office in a district provided for by Cabinet Order as one in which civil legal relationships are likely to be thrown into extreme confusion, during the limited period of up to one year counting from the day of the disaster, as prescribed by Cabinet Order in consideration of the framework for implementing comprehensive legal support and other circumstances of the disaster-affected area, so as to assist those citizens and legal foreign residents in rebuilding their lives; (v) making available the necessary legal consultations to prevent damage due to specific acts of trespass against the person (meaning stalking, etc. as provided in Article 2, paragraph (1) of the Act on Regulations Against Stalking (Act No. 81 of 2000), child abuse as provided in Article 2 of the Act on Preventing Child Abuse (Act No. 82 of 2000), and the violence inflicted by a spouse provided for in Article 1, paragraph (1) of the Act on Preventing Spousal Violence and Protecting Its Victims (Act No. 31 of 2001); hereinafter the same applies in this item) in order to assist persons who are found to be suspected targets of such trespass at the time in question; (vi) services as follows concerning the appointment of court-appointed attorneys and court-appointed attendants (hereinafter referred to as "court-appointed attorneys and attendants") and the selection of court-appointed attorneys for participating victims, with which the national government has entrusted the JLSC: (a) nominating candidates to act as court-appointed attorneys and attendants at the request of the court, the presiding judge, or the judges, from among attorneys who have entered into contracts with the JLSC to serve as court-appointed attorneys and attendants (hereinafter referred to as "attorneys contracted as court-appointed attorneys and attendants"), and notifying the court, presiding judge, or judge of the same; (b) notifying the court when there has been a request as under Article 11, paragraph (1) of the Crime Victims Protection Act, and sending the court the documents submitted to the JLSC pursuant to paragraph (2) of that Article; (c) nominating candidates to act as court-appointed attorneys for participating victims from among attorneys who have entered into a contract with the JLSC to serve as court-appointed attorneys for participating victims (hereinafter referred to as "attorneys contracted as participating victims' attorneys"), and notifying the court of the same; (d) having attorneys contracted as court-appointed attorneys and attendants that have been appointed to serve as court-appointed attorneys and attendants based on the notice referred to in (a) above serve as such, and having attorneys contracted as participating victims' attorneys that have been selected as court-appointed attorneys for participating victims based on the notice referred to in (c) above serve as such; (vii) responding to requests to handle legal services and having the appropriate contract attorney or other legal services provider handle them at a reasonable cost, in regions where it is difficult for people to get an attorney, legal professional corporation, or legal specialist to handle a legal matter because there are none in the region or due to other circumstances; (viii) collecting and organizing the following information and materials concerning assistance to victims and their families, providing them for the public to use through information and communications technologies or by other means, and providing them in response to individual requests. In doing so, paying attention to taking the necessary measures to ensure victims and their families are being assisted effectively, such as by introducing them to attorneys who are well-versed in assisting victims and their families: (a) information and materials that contribute to the use of systems that allow victims and their families to appropriately participate in criminal proceedings as well as helping them recover from the damage or alleviate the pain they have suffered, and other systems for assisting victims and their families; (b) information and materials concerning the activities of organizations and other persons who offer assistance to victims and their families; (ix) providing services under the authority provided for in Article 8, paragraph (1) of the Crime Victims Protection Act; (x) undertaking to ensure and strengthen coordination among the national government, local governments, local bar associations, the Japan Federation of Bar Associations, associations of legal specialists, attorneys, legal professional corporations, and legal specialists; persons involved in alternative dispute resolution procedures, organizations and others providing assistance for victims and their families, organizations providing assistance for the aged and for persons with disabilities; and other related persons; (xi) conducting seminars and training in connection with the services of the JLSC; (xii) providing services incidental to the services referred to in each of the preceding items. (2) In addition to the services referred to in the preceding paragraph, the JLSC may handle services as follows, in connection with things such as providing assistance for victims and their families, with which the national government, local governments, incorporated public interest associations, incorporated public interest foundations, and other non-profit corporations and international organizations have entrusted it based on the operational method statement provided for in Article 34, paragraph (1), to the extent that this does not hinder its performance of the services referred to in the preceding paragraph: (i) having a contract attorney or other legal services provider handle legal services, as entrusted; (ii) providing services incidental to those referred to in the preceding item. (3) It must not be construed that the JLSC is permitted to handle services that, as a part of its services referred to in the preceding two paragraphs, it has a contract attorney or other legal services provider handle.
(Appropriateness of Services) Article 31 The services referred to in paragraph (1), items (i) through (v) item (vii), and item (viii) of the proceeding Article and in paragraph (2), item (i) of that Article are to be performed only to the extent that is recognized as helping the person benefiting from those services exercise the rights thereof.
(Obligations of the JLSC) Article 32 (1) As well as giving forethought to making the services provided for in the preceding Article convenient for the persons who need them, the JLSC must endeavor to establish an integrated administrative framework and uniform, nationwide implementation for each of the services referred to in Article 30, paragraph (1), items (ii) through (vi). (2) If a person as provided in the preceding paragraph is elderly, has a disability, or otherwise has difficulty in getting the information and services needed to give that person recourse to the law to resolve a dispute, the JLSC must pay special attention to making it easier for the person to utilize the services provided for in the preceding Article. (3) In the administration of each of the services referred to in Article 30, paragraph (1), items (i), (vii), and (viii), and paragraph (2), item (i), the JLSC must take care to have these supplement the comprehensive legal support efforts of local governments, local bar associations, the Japan Federation of Bar Associations, associations of legal specialists, attorneys, legal professional corporations, and legal specialists, persons involved in alternative dispute resolution procedures, organizations and others providing assistance for victims and their families, organizations providing assistance for the elderly and for persons with disabilities; and other related persons, through coordination with their activities. (4) In the regional administration of its services, the JLSC must endeavor to hear and use as a reference opinions from a wide variety of users and other related persons by, for example, holding council meetings, molding its administration of those services to the actual conditions of the region. (5) A local government may provide the necessary cooperation to the JLSC in connection with services as provided in Article 30 that are performed in its region. (6) In administering its services, the JLSC may ask local bar associations, the Japan Federation of Bar Associations, and associations of legal specialists to offer their opinions and to otherwise cooperate as necessary.
(Improving the Credentials of Attorneys Serving as JLSC Employees) Article 32-2 In cooperation with local bar associations, the Japan Federation of Bar Associations, and associations of legal specialists, and in addition to coordinating communication with the relevant regional organizations and taking such other necessary measures to ensure that the attorneys the JLSC employs who are under contract to handle other persons' legal matters are smoothly performing their official duties, the JLSC must also endeavor to improve those attorneys' credentials through training and in other ways.
(Independence in the Official Duties of Contract Attorneys and Other Legal Services Providers) Article 33 (1) A contract attorney or other legal services provider acts independently in carrying out the official duties thereof as regards a service that the JLSC has that attorney or provider handle as a service referred to in Article 30, paragraph (1) or (2). (2) The JLSC and the contract attorney or other legal services provider in question must explain in a way that is easy to understand to a person whose legal matter they are handling that the attorney or provider is acting independently in their duties as prescribed in the preceding Article.
(Operational Method Statement) Article 34 (1) On the occasion of commencing service, the JLSC must prepare an operational method statement and have it approved by the Minister of Justice. The same applies before it undertakes to modify this. (2) The operational method statement referred to in the preceding paragraph must give the following information and any other information that Ministry of Justice Order prescribes: (i) information in connection with the services referred to in Article 30, paragraph (1), items (ii) through (iv) and services incidental thereto (hereinafter referred to as the "civil legal aid program") about how to apply for assistance and how applications are judged; about the standards for the remuneration and actual costs lent as prescribed in Article 30, paragraph (1), item (ii), (a) and (c) and their reimbursement; about the payment of an amount equivalent to the remuneration and actual costs as provided in Article 30, paragraph (1), item (ii), (b) and (d); and about the bearing of the actual costs of persons receiving assistance via the services set forth in Article 30, paragraph (1), item (iii). In such cases, the remuneration must be of a reasonable amount decided in consideration of the fact that the civil legal aid program provides extensive support to citizens and legal foreign residents as provided in Article 30, paragraph (1), item (ii) of that paragraph; (ii) information in connection with the services referred to in Article 30, paragraph (1), item (v) about applications for assistance and services incidental thereto, and about the bearing of the actual costs of persons receiving such assistance; (iii) information, in connection with the services referred to in Article 30, paragraph (1), item (vi) and services incidental thereto, about contracts with attorneys; about the nomination of candidates as court-appointed attorneys and attendants and court-appointed attorneys for participating victims and about notifying the courts in connection with this; about the cooperation provided for in Article 39, paragraph (4), Article 39-2, paragraph (3), and Article 39-3, paragraph (3); and about management of the accounts set forth in Article 43, item (i); (iv) information in connection with the services referred to in Article 30, paragraph (1), item (ix) and services incidental thereto, about the management of the accounts set forth in Article 43, item (i); (v) information in connection with the services referred to in Article 30, paragraph (2) about the content of services carried out as entrusted; (vi) information about the establishment of a framework to ensure that the officers (other than auditors) perform their official duties in conformity with this Act and other laws and regulations, and other frameworks to ensure the suitability of the JLSC's services. (3) Prior to granting the approval referred to in paragraph (1), the Minister of Justice must hear the opinions of the Supreme Court and the evaluation committee. (4) Having granted the approval referred to in paragraph (1), the Minister of Justice must notify the Supreme Court of this without delay. (5) Having received the approval referred to in paragraph (1), the JLSC must make the operational method statement public without delay. (6) On finding that an operational method statement approved as referred to in paragraph (1) is no longer appropriate to allow for the proper and reliable provision of services, the Minister of Justice may order a revision of the operational method statement.
(Rules for the Handling of Legal Services) Article 35 (1) The JLSC must establish rules for the handling of legal services by contract attorneys and other legal services providers (hereinafter referred to as the "rules for the handling of legal services") and have them approved by the Minister of Justice before commencing the services provided for in Article 30. The same applies before it undertakes to modify these. (2) The rules for the handling of legal services must include information on the standards for the handling of legal services by contract attorneys and other legal services providers, information on measures to be taken if a contract attorney or other legal services provider violates the terms of the contract, and other information provided for by Ministry of Justice Order. (3) The provisions of paragraphs (3) through (6) of the preceding Article apply mutatis mutandis to the rules for the handling of legal services.
(Contract Terms Concerning the Services Handled by Court-Appointed Attorneys and Attendants and Court-Appointed Attorneys for Participating Victims) Article 36 (1) The JLSC must establish contract terms concerning the services handled by court-appointed attorneys and attendants and court-appointed attorneys for participating victims, and have them approved by the Minister of Justice before commencing the services referred to in Article 30, paragraph (1), item (vi). The same applies before it undertakes to modify these. (2) Information about the cases for which court-appointed attorneys and attendants and court-appointed attorneys for participating victims handle services; information about the nomination of candidates as court-appointed attorneys and attendants and court-appointed attorneys for participating victims and about notifying the courts with regard to this; information about requests for remuneration and expenses; information about the standards for calculating remuneration and expenses and about their payment; information about the cancellation of contracts and measures to be taken if contract terms are violated; and other information that Ministry of Justice Order prescribes must be included in the terms and conditions of contracts as referred to in the preceding paragraph. (3) Ministry of Justice Order prescribes the necessary information to establish the standards for calculating the remuneration and expenses provided for in the preceding paragraph. (4) Article 34, paragraphs (3) through (6) apply mutatis mutandis to the contract terms and conditions referred to in paragraph (1). (5) When the JLSC enters into a contract with an attorney that concerns the handling of services by court-appointed attorneys and attendants and court-appointed attorneys for participating victims and specifies that remuneration and expenses will be paid in accordance with the cases handled, that contract must be based on the contract terms approved as referred to in paragraph (1).
(Notifying the Courts and Local Bar Associations of the Names and Other Information of Attorneys Contracted as Court-Appointed Attorneys and Attendants and Attorneys Contracted as Participating Victims' Attorneys) Article 37 The JLSC must notify the courts and associated local bar associations of the names, office addresses, and other information that Ministry of Justice Order prescribes regarding its attorneys contracted as court-appointed attorneys and attendants and attorneys contracted as participating victims' attorneys, in connection with the services referred to in Article 30, paragraph (1), item (vi). The same applies if any of this information changes.
(Nominating and Notifying the Court, Presiding Judge, or Judges of Candidates for Court-Appointed Attorney or Attendant) Article 38 (1) When a court-appointed attorney or attendant is to be appointed pursuant to the Code of Criminal Procedure or the Juvenile Act, the court, the presiding judge, or the judges are to ask the JLSC to nominate and notify the court, presiding judge, or judges of a candidate for court-appointed attorney or attendant. (2) When asked to do so under the preceding paragraph, the JLSC must nominate a candidate for court-appointed attorney or attendant from among attorneys contracted as court-appointed attorneys and attendants, and notify the court, presiding judge, or judges thereof without delay. (3) When an attorney contracted as a court-appointed attorney or attendant is appointed as a court-appointed attorney or attendant, the JLSC is to have that attorney serve as a court-appointed attorney or attendant pursuant as prescribed in the contract.
(Nominating and Notifying the Court, Presiding Judge, or Judges of Candidates for Court-Appointed Attorney for a Participating Victim) Article 38-2 (1) When nominating a candidate for court-appointed attorney for a participating victim based on the Crime Victims Protection Act, the JLSC must choose from among attorneys contracted as participating victims' attorneys. (2) When an attorney contracted as a participating victims' attorney is appointed as a court-appointed attorney for a participating victim, the JLSC is to have that attorney serve as a court-appointed attorney for participating victims as prescribed in the contract.
(Special Provisions Concerning Court-Appointed Attorneys' Right to Demand Remuneration and Expenses) Article 39 (1) Article 38, paragraph (2) of the Code of Criminal Procedure does not apply if an attorney contracted as a court-appointed attorney or attendant is appointed as a court-appointed attorney. (2) In a case as referred to in the preceding paragraph, when a person provided for in one of the items of Article 2 of the Act on the Costs of Criminal Proceedings (Act No. 41 of 1971) or a person as set forth in one of the following items is appointed as a court-appointed attorney, the expenses for the court-appointed attorney that each item prescribes also form a part of the court costs in the criminal proceedings: (i) an attorney contracted as a court-appointed attorney or attendant who has entered into a contract setting forth the remuneration and expenses for each case: the remuneration and expenses set forth in the contract; (ii) an attorney contracted as a court-appointed attorney or attendant other than one as provided in the preceding item: travel expenses, a daily allowance, accommodation charges, and remuneration in amounts decided by the court based on the examples provided in Article 38, paragraph (2) of the Code of Criminal Procedure. (3) Notwithstanding Article 188 of the Code of Criminal Procedure, if an attorney contracted as a court-appointed attorney or attendant as set forth in item (ii) of the preceding paragraph is appointed as a court-appointed attorney but the amount of expenses as prescribed in that item is not indicated in the judicial decision ordering a party to bear court costs, the court calculates that amount at the petition of the public prosecutor who will direct the execution of the decision. In this case, Rules of the Supreme Court prescribe the necessary particulars of the procedure for calculating this. (4) In the case referred to in paragraph (1), the court or the public prosecutor may ask the JLSC for the necessary cooperation in calculating or estimating the amount of the court costs associated with the court-appointed attorney. (5) In the case referred to in paragraph (1), at the request of a defendant or accused who will pay an estimated amount of court costs in advance pursuant to Article 500-2 of the Code of Criminal Procedure, the JLSC must notify the defendant or accused of the expected amount of court costs associated with the court-appointed attorney.
(Special Provisions Concerning Court-Appointed Attendants' Right to Demand Remuneration and Expenses) Article 39-2 (1) Article 22-3, paragraph (4) of the Juvenile Act does not apply when an attorney contracted as a court-appointed attorney or attendant is appointed as a court-appointed attendant. (2) To apply Article 31 of the Juvenile Act to a case as referred to in the preceding paragraph, when a person provided for in paragraph (1) of that Article or a person as set forth one of the following items is appointed as a court-appointed attendant, the expenses for the court-appointed attendant that each item prescribes also form a part of the expenses referred to in that paragraph: (i) an attorney contracted as a court-appointed attorney or attendant who has entered into a contract setting forth the remuneration and expenses for each case: the remuneration and expenses set forth in the contract; (ii) an attorney contracted as a court-appointed attorney or attendant other than one as provided in the preceding item: travel expenses, a daily allowance, accommodation charges, and remuneration in amounts decided by the court based on the examples provided in Article 22-3, paragraph (4) of the Juvenile Act. (3) In the case referred to in paragraph (1), the court may ask the JLSC for the necessary cooperation in calculating the amount of expenses associated with the court-appointed attendant.
(Special Provisions Concerning the Right of Court-Appointed Attorneys for Participating Victims to Demand Remuneration and Expenses) Article 39-3 (1) Article 14, paragraph (4) of the Crime Victims Protection Act does not apply when an attorney contracted as a participating victims' attorney is selected as a court-appointed attorney for a participating victim. (2) To apply Article 17, paragraph (1) of the Crime Victims Protection Act in a case as referred to in the preceding paragraph, when a person provided for in that paragraph or a person as set forth in one of the following items is selected as a court-appointed attorney for a participating victim, the expenses for the attorney that each item prescribes also form a part of the travel expenses, daily allowance, accommodation charges, and remuneration prescribed in that paragraph: (i) an attorney contracted as a participating victims' attorney who has entered into a contract setting forth the remuneration and expenses for each case: the remuneration and expenses set forth in the contract; (ii) an attorney contracted as a participating victims' attorney other than one as provided in the preceding item: travel expenses, a daily allowance, accommodation charges, and remuneration in amounts decided by the court based on the examples provided in Article 14, paragraph (4) of the Crime Victims Protection Act. (3) In the case referred to in paragraph (1), the court may ask the JLSC for the necessary cooperation in calculating the amount of expenses associated with the court-appointed attorney for a participating victim.
Subsection 2 Medium-Term Objectives
(Medium-Term Objectives) Article 40 (1) The Minister of Justice must establish the service administration objectives that the JLSC is to achieve during a three- to five-year period (hereinafter referred to as "medium-term objectives"), and in addition to issuing directions on those objectives to the JLSC, must also make them public. The same applies when the minister has modified them. (2) The following particulars must be established in the medium-term objectives: (i) the period for the medium-term objectives (meaning the period that the Minister of Justice establishes, within the scope of the period referred to in the preceding paragraph; the same applies hereinafter); (ii) the particulars of measures to enhance comprehensive legal support; (iii) the particulars of improving the quality of the services being provided and other operations; (iv) the particulars of improving efficiency in the administration of services; (v) the particulars of improving financial condition; (vi) other important particulars related to the administration of services. (3) Prior to determining or revising the medium-term objectives, the Minister of Justice must hear the opinions of the Supreme Court and the evaluation committee. (4) Having determined or modified the medium-term objectives pursuant to paragraph (1), the Minister of Justice must notify the Supreme Court of this without delay.
(Medium-Term Plan) Article 41 (1) Having been issued a direction as referred to in paragraph (1) of the preceding Article, the JLSC must draw up a plan to achieve the medium-term objectives pursuant to Ministry of Justice Order and based on the medium-term objectives (hereinafter referred to as a "medium-term plan"), and must have this approved by the Minister of Justice. The same applies before it undertakes to modify it. (2) The following particulars must be established in the medium-term plan: (i) measures that the JLSC will take to achieve the objectives related to the measures to enhance comprehensive legal support; (ii) measures that the JLSC will take to achieve the objectives related to improving the quality of the services being provided and other operations; (iii) measures that the JLSC will take to achieve the objectives related to improving efficiency in the administration of services; (iv) a budget (including an estimate of personnel expenses), a revenue and expenditure plan, and a funding plan; (v) limits on the amount of short-term borrowings; (vi) a plan for disposing of any unnecessary assets (meaning unnecessary assets provided for in Article 8, paragraph (3) of the Act on General Rules for IAAs as applied mutatis mutandis; the same applies hereinafter) or assets expected to become unnecessary assets; (vii) a plan for if the JLSC will undertake to transfer any important assets other than the assets provided for in the preceding item, or to use it as collateral; (viii) the use of surplus; (ix) other particulars of the administration of services that Ministry of Justice Order prescribes. (3) Prior to granting the approval referred to in paragraph (1), the Minister of Justice must hear the opinions of the Supreme Court and the evaluation committee. (4) Having granted the approval referred to in paragraph (1), the Minister of Justice must notify the Supreme Court of this without delay. (5) If the Minister of Justice finds that a medium-term plan approved thereby as referred to in paragraph (1) is no longer appropriate for the proper and steady implementation of the particulars set forth in paragraph (2), items (ii) through (vi) of the preceding Article, the minister may order the revision of the medium-term plan. (6) Having obtained the approval referred to in paragraph (1), the JLSC must make the approved medium-term plan public without delay.
(Annual Business Performance Evaluations) Article 41-2 (1) After the end of each business year, the JLSC must undergo an evaluation by the evaluation committee with regard to the particulars set forth in whichever of the following items the business year in question falls under: (i) a business year other as set forth in the following item and item (iii): business performance in that business year; (ii) the business year immediately prior to the final business year in the period of the medium-term objectives: business performance in that business year and what the business performance for the period of the medium-term objectives is expected to be upon completion of that period; (iii) the final business year in the period of the medium-term objectives: business performance in that business year and business performance for the period of the medium-term objectives. (2) When seeking to undergo an evaluation as referred to in the preceding paragraph, within three months of the end of the business year and pursuant to Ministry of Justice Order, the JLSC must submit a written report to the evaluation committee clearly indicating the particulars provided for in item (i), (ii), or (iii) of that paragraph and the results of its own evaluation of those particulars, and must also make that report public. (3) An evaluation as referred to in paragraph (1) must be conducted by a comprehensive assessment of the particulars specified in item (i), (ii), or (iii) of that paragraph. In this case, the evaluation of business performance in the business year provided for in each of those items must be conducted through examination and analysis of the status of implementation of the medium-term plan in the relevant business year, and in consideration of the results thereof. (4) Having conducted an evaluation as referred to in paragraph (1), the evaluation committee must notify the JLSC (or the JLSC and the Committee on the System for Evaluating Incorporated Administrative Agencies (referred to as the "committee on the evaluation system" in paragraph (6) and the following Article), if the evaluation concerns what the business performance for the period of the medium-term objectives is expected to be upon completion of that period, as provided in item (ii) of that paragraph) of the results of its evaluation without delay. In this case, if the evaluation committee finds it to be necessary, it may issue a recommendation to the JLSC to improve the administration of its services or to take other necessary measures. (5) Having notified the committee on the evaluation system as under the preceding paragraph, the evaluation committee must make the particulars of which it has notified that committee public without delay (or the particulars of which it has notified the committee and the contents of its recommendation, if it has made a recommendation pursuant to the second sentence of that paragraph). (6) The committee on the evaluation system may state an opinion on the results of the evaluation of which it has been notified pursuant to paragraph (4) to the evaluation committee if it finds this to be necessary. In this case, the committee on the evaluation system must make the contents of its opinion public without delay.
(Review Upon Completion of the Period of the Medium-Term Objectives) Article 42 (1) If an evaluation has been conducted concerning what the business performance for the period of the medium-term objectives is expected to be upon completion of that period as provided in paragraph (1), item (ii) of the preceding Article, the Minister of Justice is to conduct a review that encompasses the entirety of the JLSC's organization and services, including the necessity of allowing its services to continue and the suitability of its organization, and is to take necessary measures based on the results of the review by the completion of the period for the medium-term objectives of the JLSC. (2) In conducting a review under the preceding paragraph, the Minister of Justice must take into account the importance of implementing comprehensive legal support and establishing a comprehensive legal support framework. (3) In conducting a review under paragraph (1), the Minister of Justice must hear the opinions of the Supreme Court and the evaluation committee. (4) As well as notifying the committee on the evaluation system of the results of a review as referred to in paragraph (1) and the measures taken pursuant to that paragraph, the Minister of Justice must make these public. (5) Having been notified as under the preceding paragraph, the committee on the evaluation system may issue a recommendation to the Minister of Justice concerning the revision or discontinuation of the principal administrative functions and programs of the JLSC, by the completion of the period of the JLSC's medium-term objectives. In this case, the committee on the evaluation system must make the contents of its recommendation public without delay. (6) Having been issued a recommendation as referred to in the preceding paragraph, the Minister of Justice must notify the Supreme Court of its contents without delay. (7) Having issued a recommendation as referred to in paragraph (5), the committee on the evaluation system may ask the Minister of Justice to report on the measures that the minister has taken and seeks to take based on its recommendation.
(Rectifying Illegal Conduct) Article 42-2 (1) On finding that the JLSC or its officer or employee has engaged or is likely to engage in conduct that violates this Act or other applicable laws and regulations, the Minister of Justice may ask the JLSC to take the necessary measures to rectify that conduct. (2) Having been asked by the Minister of Justice to act as under the preceding paragraph, the JLSC must promptly rectify the conduct in question and take other necessary measures, and report the details of those measures to the Minister of Justice.
Section 4 Finance and Accounting
(Separate Accounting) Article 43 The JLSC must separate the accounting for its services as follows and prepare and keep separate accounts for those services: (i) the services referred to in Article 30, paragraph (1), items (vi) and (ix), and services incidental thereto; (ii) services other than those set forth in the preceding item.
(Financial Statements) Article 44 (1) Every business year, the JLSC must prepare a balance sheet, profit and loss statement, documents concerning the handling of profits and losses, the other documents that Ministry of Justice Order prescribes, and the detailed statements associated with all of these documents (hereinafter referred to as "financial statements"), submit them to the Minister of Justice within three months of the end of the business year, and have them approved by the Minister of Justice. (2) When submitting financial statements to the Minister of Justice pursuant to the preceding paragraph, the JLSC must include a business report for the relevant business year prepared pursuant to Ministry of Justice Order and a settlement of accounts prepared in accordance with the budget category, as well as an audit report for the financial statements and an accounts inspection report for the settlement of accounts. (3) Prior to approving the financial statements pursuant to paragraph (1), the Minister of Justice must hear the opinion of the evaluation committee. (4) Having obtained the approval referred to in paragraph (1), the JLSC must issue public notice of its financial statements in the Official Gazette without delay, and it must keep the financial statements as well as the business report, settlement of accounts, audit report, and account audit reports referred to in paragraph (2) at each office and make them available for public inspection for the duration of the period prescribed by Ministry of Justice Order. (5) Instead of issuing public notice as under the preceding paragraph with regard to the associated detailed statements referred to in paragraph (1) and other documents that Ministry of Justice Order prescribes, the JLSC may issue public notice by means of: (i) publication in a daily newspaper that publishes information on current affairs; (ii) electronic public notice (meaning issuing public notice by taking what Ministry of Justice Order prescribes as measures to put the information that constitutes the details about which the public is to be notified into a form that enables a large, non-exclusive audience to access it through the use of an electronic data processing system or through any other application of information and communications technology which is specified by Ministry of Justice Order; the same applies in the following paragraph). (6) When issuing public notice by way of an electronic public notice pursuant to the preceding paragraph, the JLSC must do so continually during the period specified by Ministry of Justice Order as referred to in paragraph (4).
(Handling of Profits and Losses) Article 45 (1) For each business year during which a profit arises in the profit and loss calculation for one of the accounts set forth in Article 43, if there is an amount remaining even after the JLSC offsets any loss brought forward from the previous business year, it must treat this amount as reserve funds; provided, however, that this does not apply if the amount remaining is allocated to the account for services as set forth in item (ii) of that Article, pursuant to paragraph (3). (2) For each business year during which a loss arises in the profit and loss calculation for one of the accounts set forth in Article 43, if a shortage remains even after the JLSC reduces the reserve funds under the preceding paragraph, it must treat this amount as a loss carried forward. (3) If there is an amount remaining as provided in paragraph (1) in the account for services as set forth in Article 43, item (ii), the JLSC may allocate all or part of it for use as surplus as referred to in Article 41, paragraph (2), item (viii) as per the medium-term plan approved as referred to in Article 41, paragraph (1) (or as per the revised medium-term plan, if this is revised pursuant to the latter part of Article 41, paragraph (1); hereinafter simply referred to as the "medium-term plan") with the approval of the Minister of Justice. (4) Prior to granting the approval referred to in the preceding paragraph, the Minister of Justice must hear the opinion of the evaluation committee.
(Handling of Reserve Funds) Article 46 (1) If there are any reserve funds as under paragraph (1) of the preceding Article in the account for services as set forth in Article 43, item (ii) after the settlement of the accounts under paragraph (1) or (2) of that Article for the last business year in the period of medium-term objectives, the JLSC, pursuant to the medium-term plan for the following period of medium-term objectives, may allocate the amount of reserve funds for which the Minister of Justice grants approval as funding for the services provided in Article 30, other than those as referred to in Article 30, paragraph (1), items (vi) and (ix) and services incidental thereto, during the following period of medium-term objectives. (2) If there are any reserve funds as under the main clause of paragraph (1) of the preceding Article in the account for services as set forth in Article 43, item (i) after the settlement of accounts under paragraph (1) or (2) of the preceding Article for the last business year in the period of medium-term objectives, the JLSC must allocate an amount equivalent to the amount of those reserve funds as funding for the services referred to in Article 30, paragraph (1), items (vi) and (ix) and services incidental thereto in and after the following business year. (3) Prior to granting the approval referred to in paragraph (1), the Minister of Justice must hear the opinion of the evaluation committee. (4) If there is an amount remaining after the amount approved as referred to in paragraph (1) is deducted from an amount equivalent to the reserve funds provided for in paragraph (1), the JLSC must use the amount remaining to pay each of the investors according to their amounts of capital contribution. (5) Beyond what is provided for in the preceding paragraphs, Cabinet Order prescribes the necessary particulars of the procedures for payment of money to the government and other handling of reserve funds.
(Borrowings) Article 47 (1) The JLSC may make short-term borrowings within the limits on the amount of short-term borrowings set forth in the medium-term plan, as referred to in Article 41, paragraph (2), item (v); provided, however, that it may make short-term borrowings in excess of this limit if the Minister of Justice grants approval for this as being due to compelling reasons. (2) The JLSC must repay short-term borrowings under the preceding paragraph within the applicable business year; provided, however, that if it cannot repay short-term borrowings because of a lack of funds, it may reborrow up to the amount that it cannot repay, with the approval of the Minister of Justice. (3) The JLSC must repay short-term borrowings that it has reborrowed pursuant to the proviso of the preceding paragraph within one year. (4) Prior to granting the approval under the proviso to paragraph (1) or the proviso to paragraph (2), the Minister of Justice must hear the opinion of the evaluation committee. (5) The JLSC may neither make long-term borrowings nor issue bonds.
(Payment of Unnecessary Assets to the National Treasury) Article 47-2 (1) The JLSC is to gain the approval of the Minister of Justice and pay any unnecessary asset that is associated with a capital contribution or an expenditure (other than one that constitutes a monetary contribution) by the national government (hereinafter referred to as an "unnecessary asset associated with a government contribution or expenditure" in this Article) to the national treasury without delay; provided, however, that the approval of the Minister of Justice is not required if the JLSC has established a plan as referred to in Article 41, paragraph (2), item (vi) in its medium-term plan and it is paying an unnecessary asset associated with a government contribution or expenditure to the national treasury in accordance with that plan. (2) Instead of paying an unnecessary asset associated with a government contribution or expenditure (other than money; hereinafter the same applies in this paragraph and the following paragraph) to the national treasury as under the preceding paragraph, with the approval of the Minister of Justice, the JLSC may transfer an unnecessary asset associated with a government contribution or expenditure and pay money to the national treasury in the amount calculated in accordance with the standards set by the Minister of Justice, within the limits of the income it has derived from transferring the asset (excluding any amount exceeding the book value of the asset (referred to as "amount exceeding the book value" in the following paragraph)); provided, however, that the approval of the Minister of Justice is not required if the JLSC has established a plan as referred to in Article 41, paragraph (2), item (vi) in its medium-term plan and is paying that calculated amount of money to the national treasury in accordance with that plan. (3) In a case as referred to in the preceding paragraph, if there is an amount exceeding the book value derived from the transfer of an unnecessary asset associated with a government contribution or expenditure, the JLSC must pay that amount to the national treasury without delay; provided, however, that if the JLSC gains the approval of the Minister of Justice not to pay all or part of that amount to the national treasury, this does not apply to the amount for which it has received that approval. (4) If the JLSC has made a payment to the national treasury under paragraph (1) or paragraph (2), and the unnecessary asset associated with a government contribution or expenditure in connection with that payment was a contribution of capital from the national government, the government is deemed not to have contributed capital to the JLSC in the amount that the Minister of Justice prescribes, from among the JLSC's stated capital, as the part that was from the unnecessary asset associated with the government contribution or expenditure in connection with the relevant payment, and the JLSC is to reduce its stated capital by that amount. (5) Prior to granting the approval under the provisions of paragraph (1), paragraph (2), or the proviso to paragraph (3), the Minister of Justice must hear the opinion of the evaluation committee. (6) Beyond what is provided for in the preceding paragraphs, Cabinet Order prescribes the necessary particulars in connection with the handling of unnecessary assets associated with government contributions and expenditures.
(Paying Back Local Government Contributions That Constitute Unnecessary Assets) Article 47-3 (1) With the approval of the Minister of Justice, the JLSC must notify a capital investor connected to any unnecessary asset that is associated with a capital contribution from a local government (hereinafter in this Article referred to as an "unnecessary asset associated with a local government contribution") (hereinafter in this Article, such a capital investor is referred to simply as an "investor") pursuant to Ministry of Justice Order, that the investor is entitled to request the JLSC to pay back all or part of its share of the amount that the Minister of Justice prescribes as the amount of the capital contribution constituting the unnecessary asset; provided, however, that the approval of the Minister of Justice is not required if the JLSC has established a plan as referred to in Article 41, paragraph (2), item (vi) in its medium-term plan and is giving notice to inform the investor that it is entitled to request the JLSC to pay it back in accordance with that plan. (2) An investor may request the JLSC to pay it back as referred to in the preceding paragraph only up until the final day of the one-month period that begins on the day on which the investor receives the notice under the preceding paragraph. (3) Having been requested as under the preceding paragraph, the JLSC is to pay the requesting investor back the share it has requested to be paid back pursuant to that paragraph, without delay, from the amount calculated based on the standards that the Minister of Justice prescribes, up to the limit of the amount of the unnecessary asset associated with the local government contribution that the investor is requesting to be paid back or the amount of income derived from the transfer of the unnecessary asset (other than money) associated with the local government contribution that the investor is requesting to be paid back (excluding any amount exceeding the book value of the asset) (or is to pay the requesting investor back the share of the amount prescribed by the Minister of Justice, if the amount calculated based on the aforementioned standards is less than the amount of the investor's share). (4) Once the JLSC has paid back an investor as under the preceding paragraph, the part of its stated capital that represents the amount of the share it has returned is deemed not to have been contributed to the JLSC by that investor, and the JLSC is to reduce its stated capital by that amount. (5) If an investor fails to request the JLSC to pay it back as under paragraph (2), or requests the JLSC for a partial pay back as under that paragraph for its share of an unnecessary asset associated with a local government contribution, the JLSC is not to return a share that the investor has not requested be returned. (6) Prior to granting the approval under paragraph (1), the Minister of Justice must hear the opinion of the evaluation committee.
(Restrictions on the Disposal of Assets) Article 47-4 (1) The JLSC must have the approval of the Minister of Justice to transfer an important asset other than an unnecessary asset as provided by Ministry of Justice Order or to furnish it as collateral; provided, however, that this does not apply if the JLSC has established a plan as referred to in Article 41, paragraph (2), item (vii) in its medium-term plan, and is transferring the important asset or providing it as collateral in accordance with that plan. (2) Prior to granting the approval under the preceding paragraph, the Minister of Justice must hear the opinion of the evaluation committee.
Section 5 Miscellaneous Provisions
(Mutatis Mutandis Application of the Act on the General Rules for Incorporated Administrative Agencies) Article 48 Article 3 of the Act on the General Rules for Incorporated Administrative Agencies and Article 8, paragraph (1) and paragraph (3); Article 9; Article 11; Article 16; Article 17; Article 21, paragraph (1), paragraph (2), and paragraph (4); Articles 21-4 through 22; Article 24; Article 25; Article 25-2, paragraph (1) and paragraph (2); Article 26; Article 28-4; Article 31; Article 36; Article 37; Articles 39 through 43; Article 46; Article 47; Articles 49 through 50-10; Article 64; and Article 66 apply mutatis mutandis to the JLSC. In this case, the term "competent minister" in these provisions is deemed to be replaced with "Minister of Justice"; the phrase "order of the competent ministry (meaning a Cabinet Office Order of the Cabinet Office that has jurisdiction over the incorporated administrative agency concerned, or a Ministerial Order of the relevant ministry that has jurisdiction over the incorporated administrative agency concerned; provided, however, that with regard to an incorporated administrative agency under the jurisdiction of the Nuclear Regulation Authority, a regulation of the Nuclear Regulation Authority is the order of the competent ministry; the same applies hereinafter)" and the term "order of the competent ministry" are deemed to be replaced with "Ministry of Justice Order"; the phrases "of a juridical person managed under the medium-term objectives" and "of such juridical person managed under the medium-term objectives" are deemed to be replaced with "of the Japan Legal Support Center"; the phrase "the juridical person managed under the medium-term objectives" is deemed to be replaced with "the Japan Legal Support Center"; the phrase "such juridical person managed under the medium-term objectives" is deemed to be replaced with "the Japan Legal Support Center"; the phrase "to such agency managed under the medium-term objectives" is deemed to be replaced with "to the Japan Legal Support Center"; and the phrase "an officer or employee of a juridical person managed under the medium-term objectives" is deemed to be replaced with "a JLSC officer or employee"; and the phrases set forth in the middle column of the following table in the provisions of that Act set forth in the left-hand column of that table are deemed to be replaced with the phrases set forth in the right-hand column of that table. Provisions of the Act on the General Rules for Incorporated Administrative Agencies subject to the deemed replacement of terms Phrases subject to the deemed replacement of terms Phrases deemed to replace the phrases subject to the deemed replacement of terms Article 3, paragraph (3) the Acts Governing Individual Incorporated Administrative Agencies the Comprehensive Legal Support Act (Act No. 74 of 2004) Article 8, paragraph (3) Article 46-2 or Article 46-3 Article 47-2 or Article 47-3 of the Comprehensive Legal Support Act Article 16 Article 14, paragraph (1) Article 20, paragraph (1) of the Comprehensive Legal Support Act the Head of the Juridical Person the president paragraph (2) of the preceding Article Article 21, paragraph (3) of that Act Article 21, paragraph (1) Article 29, paragraph (2), item (i) Article 40, paragraph (2), item (i) of the Comprehensive Legal Support Act Article 21, paragraph (2) Article 38, paragraph (1) Article 44, paragraph (1) of the Comprehensive Legal Support Act Article 24, Article 25, and Article 26 the Head of the Juridical Person the president Article 28-4 Article 32, paragraph (1), Article 35-6, paragraph (1) or paragraph (2), or Article 35-11, paragraph (1) or paragraph (2) Article 41-2, paragraph (1) of the Comprehensive Legal Support Act the medium-term plan under Article 30, paragraph (1) and the annual plan under Article 31, paragraph (1), the medium to long-term plan under Article 35-5, paragraph (1) and the annual plan under Article 31, paragraph (1) as applied mutatis mutandis pursuant to Article 35-8 following the deemed replacement of terms, or the business plan under Article 35-10, paragraph (1) the medium-term plan prescribed in Article 41, paragraph (1) of the Act, and the annual plan prescribed in Article 31, paragraph (1) as applied mutatis mutandis pursuant to Article 48 of the Act following a deemed replacement of terms Article 31, paragraph (1) paragraph (1) of the preceding Article Article 41, paragraph (1) of the Comprehensive Legal Support Act the medium-term plan the medium-term plan provided in the same paragraph Article 31, paragraph (2) prior to commencement of each business year, .... approved under paragraph (1) of the preceding Article prior to commencement of each business year, .... provided in that paragraph approved as referred to in paragraph (1) of Article 41 of the Comprehensive Legal Support Act after obtaining the approval under paragraph (1) of the preceding Article after obtaining the approval referred to in Article 41, paragraph (1) of the Comprehensive Legal Support Act Article 39, paragraph (1) an incorporated administrative agency (excluding incorporated administrative agencies the amount of whose capital or whose operation size in other respects does not meet the standards specified by Cabinet Order; the same applies hereinafter in this Article). the Japan Legal Support Center the financial statements the financial statements in accordance with Article 44, paragraph (1) of the Comprehensive Legal Support Act (hereinafter referred to as "financial statements") Article 39, paragraph (2), item (ii) Order of the Ministry of Internal Affairs and Communications Ministry of Justice Order Article 39, paragraph (3) to a subsidiary to the subsidiary provided for in Article 23, paragraph (6) of the Comprehensive Legal Support Act (hereinafter referred to as "subsidiary") Article 39-2, paragraph (1) this Act or relevant individual act the Comprehensive Legal Support Act (including the provisions of this Act as applied mutatis mutandis pursuant to the provisions of Article 48 of that Act) Article 46, paragraph (2) medium-term plan, the medium to long-term plan of a national research and development agency or the business objective plan of an agency engaged in administrative execution the medium-term plan provided for in Article 45, paragraph (3) of the Comprehensive Legal Support Act Article 50 .... in this Act and Cabinet Orders based on this Act .... in this Act, the Comprehensive Legal Support Act and Cabinet Orders based on these Acts Article 50-4, paragraph (2), item (i) Cabinet Order Ministry of Justice Order Article 50-4, paragraph (2), item (iv) Article 32, paragraph (1) Article 41-2, paragraph (1) of the Comprehensive Legal Support Act Article 50-4, paragraph (2), item (v) Article 35, paragraph (1) Article 42, paragraph (1) of the Comprehensive Legal Support Act Cabinet Order Ministry of Justice Order Article 50-4, paragraph (3) Cabinet Order Ministry of Justice Order Article 50-4, paragraph (4) Minister of Internal Affairs and Communications Minister of Justice Article 50-4, paragraph (5) Cabinet Order Ministry of Justice Order Article 50-4, paragraph (6) this Act or the relevant individual act the Comprehensive Legal Support Act (including this Act as applied mutatis mutandis pursuant to Article 48 of that Act) Article 50-6; Article 50-7, paragraph (1); Article 50-8, paragraph (3); and Article 50-9 Cabinet Order Ministry of Justice Order Article 64, paragraph (1) this Act the Comprehensive Legal Support Act (including this Act as applied mutatis mutandis pursuant to Article 48 of that Act)
(Consultation with the Minister of Finance) Article 49 The Minister of Justice must consult with the Minister of Finance in the following cases: (i) before granting the approval referred to in Article 36, paragraph (1); Article 41, paragraph (1); the proviso to Article 47, paragraph (1); the proviso to Article 47, paragraph (2); Article 47-2, paragraph (1), paragraph (2), or the proviso to paragraph (3); Article 47-3, paragraph (1); or Article 47-4, paragraph (1); (ii) before establishing or modifying the medium-term objectives pursuant to Article 40, paragraph (1); (iii) before granting the approval referred to in Article 45, paragraph (3) or Article 46, paragraph (1); (iv) before making a designation as under Article 47, item (i) or (ii) of the Act on General Rules for IAAs as applied mutatis mutandis.
(Mutatis Mutandis Application of Other Laws and Regulations) Article 50 Pursuant to Cabinet Order, the JLSC is deemed to be the national government or a corporation managed under medium-term objectives as provided in Article 2, paragraph (2) of the Act on the General Rules for Incorporated Administrative Agencies, and the Intellectual Property Basic Act (Act No. 122 of 2002) and other laws and regulations prescribed by Cabinet Order apply mutatis mutandis.
(Delegation to Ministry of Justice Order) Article 51 Beyond what is provided for in this Act, Ministry of Justice Order provides for the necessary particulars for the implementation of this Act.
Chapter IV Penal Provisions
Article 52 A person divulging confidential information in violation of Article 27 (including as applied mutatis mutandis pursuant to Article 29, paragraph (4)) is subject to imprisonment for not more than one year or a fine of not more than 500,000 yen.
Article 53 A JLSC officer or employee failing to report or falsely reporting as under Article 64, paragraph (1) of the Act on General Rules for IAAs as applied mutatis mutandis, or refusing, obstructing, or avoiding an inspection under that paragraph is subject to a fine of not more than 300,000 yen.
Article 54 (1) A JLSC officer committing a violation that falls under one of the following items is subject to a civil fine of not more than 200,000 yen: (i) failing to obtain the approval or authorization of the Minister of Justice that the officer is required to obtain pursuant to the provisions of this Act or the Act on General Rules for IAAs as applied mutatis mutandis; (ii) failing to file a notification or falsely filing a notification with the Minister of Justice that the officer is required to file pursuant to this Act or the Act on General Rules for IAAs as applied mutatis mutandis; (iii) failing to issue public notice or falsely issuing a false public notice that the officer is required to issue pursuant to this Act or the Act on General Rules for IAAs as applied mutatis mutandis; (iv) obstructing an investigation under Article 23, paragraph (4) or paragraph (5) or Article 39, paragraph (3) of the Act on General Rules for IAAs as applied mutatis mutandis; (v) engaging in services other than the services provided for in Article 30; (vi) violating an order of the Minister of Justice as under Article 34, paragraph (6) (including as applied mutatis mutandis pursuant to Article 35, paragraph (3) and Article 36, paragraph (4)) or Article 41, paragraph (5); (vii) failing to submit a written report as under Article 41-2, paragraph (2); or submitting a written report as under Article 41-2, paragraph (2) that does not include information that it is required to include or that includes false information; (viii) failing to report or falsely reporting as under Article 42-2, paragraph (2) of this Act or Article 50-8, paragraph (3) of the Act on General Rules for IAAs as applied mutatis mutandis; (ix) failing to keep or provide financial statements, a business report, a settlement of accounts, an audit report, or an account audit report for public inspection, in violation of Article 44, paragraph (4); (x) neglecting to register, in violation of Cabinet Order under Article 9, paragraph (1) of the Act on General Rules for IAAs as applied mutatis mutandis; (xi) utilizing surplus funds from services in violation of Article 47 of the Act on General Rules for IAAs as applied mutatis mutandis. (2) The officer of a JLSC subsidiary who obstructs an investigation under Article 23, paragraph (6) of this Act or under Article 39, paragraph (3) of the Act on General Rules for IAAs as applied mutatis mutandis, is subject to a civil fine of not more than 200,000 yen.
Article 55 A person violating Article 18 is subject to a civil fine of not more than 100,000 yen.
Supplementary Provisions
(Effective Date) Article 1 This Act comes into effect on the day of its promulgation; provided, however, that the provisions set forth in the following items come into effect on the dates provided for in those items: (i) Chapter III (excluding Section I, Subsection 1 and Subsection 3, Article 30, Article 31, Article 33, Articles 37 through 39, Article 48 (limited to the parts to which Article 3 of the Act on General Rules as applied mutatis mutandis and Article 8, paragraph (1); Article 11; Article 16; and Article 17 are applied mutatis mutandis) and Article 51) and Chapter IV (excluding Article 54, item (iv) and Article 55) of this Act, as well as Articles 11 through 15 of the Supplementary Provisions and Article 17 (excluding the provisions revising Article 4, item (xxx) of the Act on Establishment of the Ministry of Justice (Act No. 93 of 1999)), Article 18, and Article 19 of those Provisions: the date that Cabinet Order prescribes, within a period not exceeding two years from the day of its promulgation; (ii) Article 30, Article 31, Article 33, Articles 37 through 39, and Article 54, item (iv) of this Act and Article 6 and Article 8 of the Supplementary Provisions: the date that Cabinet Order prescribes, within a period not exceeding two years and six months from the day of its promulgation; (iii) Article 10 of the Supplementary Provisions: the date provided for in item (i) or the day on which the Act Partially Amending the Administrative Case Litigation Act (Act No. 84 of 2004) comes into effect, whichever comes later.
(Preparations) Article 2 After its establishment, the JLSC may engage in the necessary preparations for implementing the services provided for in Article 30 even before that Article comes into effect.
(Succession to Rights and Obligations) Article 3 Upon its establishment, the JLSC succeeds to those of the rights and obligations held by the national government at the time of establishment which Cabinet Order prescribes, as regards preparation for the services provided for in Article 30.
(Free Use of National Government Assets) Article 4 The chief justice of the Supreme Court may allow the JLSC, pursuant to Cabinet Order, to use at no charge and for its own purposes a national government asset that, at the commencement of the services referred to in Article 30, paragraph (1), item (iii), is being used for functions connected with the payment of travel expenses, daily allowances, accommodation charges, and remuneration of court-appointed attorneys and attendants.
(Transitional Measures Concerning Restrictions on Name Use) Article 5 For a period of six months after the promulgation of this Act, Article 18 does not apply to a person who is using the name "Japan Legal Support Center" at the time this Act comes into effect.
(Repeal of the Civil Legal Aid Act) Article 6 The Civil Legal Aid Act (Act No. 55 of 2000) is hereby repealed.
(Transfer from the Japan Legal Aid Association) Article 7 (1) The Japan Legal Aid Association (hereinafter referred to as the "JLAA"), pursuant to the provisions of its act of endowment, may propose to the organizing committee members or the JLSC that the JLSC should succeed to those of the rights and obligations held by the JLAA at the time of the repeal of the Civil Legal Aid Act which the JLAA had come to hold in connection with the running of its civil legal aid program. (2) On receipt of a proposal as under the preceding paragraph, the organizing committee members or the JLSC must file an application for approval with the Minister of Justice without delay. (3) If an approval as referred to in the preceding paragraph is granted, the rights and obligations subject to the proposal under paragraph (1) are to be transferred to the JLSC upon the repeal of the Civil Legal Support Act.
(Transitional Measures for Penal Provisions Attendant on the Repeal of the Civil Legal Aid Act) Article 8 Prior laws continue to govern the applicability of the penal provisions of the Civil Legal Aid Act to conduct in which a person engages before Article 6 of the Supplementary Provisions come into effect.
(Delegation of Other Transitional Measures to Cabinet Order) Article 9 Beyond what is prescribed in Articles 2 through 5 of the Supplementary Provisions and the preceding two Articles, Cabinet Order prescribes the necessary transitional measures attending the repeal of the Civil Legal Support Act and any other necessary transitional measures connected with this Act coming into effect.
Supplementary Provisions
(Effective Date) Article 1 This Act comes into effect on the date that Cabinet Order prescribes, within a period not exceeding two years and six months from the day of its promulgation.
Supplementary Provisions This Act comes into effect on the day on which the Companies Act comes into effect. Supplementary Provisions This Act comes into effect on the day on which the Act on General Associations and Foundations comes into effect (December 1, 2008). Supplementary Provisions
(Effective Date) Article 1 This Act comes into effect on the date that Cabinet Order prescribes, within a period not exceeding six months from the day of its promulgation.
Supplementary Provisions (Effective Date) (1) This Act comes into effect on the day on which the Act Partially Amending the Code of Criminal Procedure and Other Acts to Protect the Rights and Interests of Crime Victims (Act No. 95 of 2007) comes into effect. Supplementary Provisions
(Effective Date) Article 1 This Act comes into effect on a date that Cabinet Order prescribes, within a period not exceeding six months from the day of its promulgation (hereinafter referred to as the "effective date").
(Transitional Measures Accompanying Partial Amendment of the Comprehensive Legal Support Act) Article 30 (1) Notwithstanding Article 41, paragraph (2) of the Comprehensive Legal Support Act following its amendment under the preceding Article, prior laws continue to govern a medium-term plan that, as of the time this Act comes into effect, has been approved under Article 41, paragraph (1) of the Comprehensive Legal Support Act prior to its amendment. (2) Any transfer of assets by the Japan Legal Support Center prior to the effective date which the Minister of Justice prescribes as equivalent to the transfer of an unnecessary asset (other than money) associated with a government contribution or expenditure provided for in Article 46-2, paragraph (1) of the New Act as applied mutatis mutandis pursuant to Article 48 of the Comprehensive Legal Support Act following its amendment under the preceding Article on the effective date, is deemed to be the transfer of an unnecessary asset associated with a government contribution or expenditure under paragraph (2) of that Article that was made on the effective date, and that paragraph through paragraph (6) of that Article apply. In this case, the phrase "may transfer that asset and pay money" in paragraph (2) of that Article is deemed to be replaced with "is to transfer that asset and pay money".
(Transitional Measures Concerning the Application of Penal Provisions) Article 34 Prior laws continue to govern the applicability of penal provisions to conduct in which a person engages before this Act comes into effect.
(Delegation of Other Transitional Measures to Cabinet Order) Article 35 Beyond what is prescribed in these Supplementary Provisions, Cabinet Order provides for the necessary transitional measures connected with this Act coming into effect.
Supplementary Provisions
(Effective Date) Article 1 This Act comes into effect on the day on which 20 days have elapsed from the date of promulgation (April 1, 2007).
Supplementary Provisions (Effective Date) (1) This Act comes into effect on the day specified by Cabinet Order within a period not exceeding six months from the date of promulgation. Supplementary Provisions
(Effective Date) Article 1 This Act comes into effect on the day that the Act Partially Amending the Act on General Rules for Incorporated Administrative Agencies (Act No. 66 of 2014; hereinafter referred to as the "General Rules Amendment Act") comes into effect; provided, however, that the provisions set forth in the following items come into effect on the dates prescribed in those items: (i) Article 14, paragraph (2); Article 18; and Article 30 of the Supplementary Provisions: the date of its promulgation; and (ii) Article 9 of the Supplementary Provisions: the date of this Act's promulgation or the date of the promulgation of the Act on the Japan Agency for Medical Research and Development, Independent Administrative Agency, whichever comes later.
(Transitional Measures Accompanying Partial Amendment of the Comprehensive Legal Support Act) Article 12 (1) Article 23, paragraph (3), paragraph (4), paragraph (6), and paragraph (7) of the Comprehensive Legal Support Act following its amendment under Article 56 (hereinafter referred to in this Article as "the New Support Act") and Article 23-2 of that Act; as well as Article 21-5; Article 39, paragraphs (1) through (4); and Article 39-2 of the New Act on General Rules as applied mutatis mutandis pursuant to Article 48 of the New Support Act also apply to matters arising prior to the effective date. (2) Notwithstanding the provisions of Article 21, paragraph (1) or paragraph (2) of the New Act on General Rules as applied mutatis mutandis following a deemed replacement of terms pursuant to Article 48 of the New Support Act, prior laws continue to govern the terms of office of the president and any person serving as auditor of the Japan Legal Support Center (hereinafter referred to in this Article as "the JLSC") (including the terms of office of a president or auditor of the JLSC who has been appointed to fill a vacancy) at the time this Act comes into effect. (3) To apply Article 21, paragraph (2) of the New Act on General Rules as applied mutatis mutandis following a deemed replacement of terms pursuant to Article 48 of the New Support Act to the term of office of JLSC auditors (excluding JLSC auditors appointed to fill a vacancy) first appointed on or after the day following the effective date in a case in which the preceding paragraph applies to the term of office of a person serving as a JLSC auditor as of the effective date, the phrase "is specified as corresponding to each period for the medium-term objectives, and it begins on the date of appointment" is deemed to be replaced with "from the date of appointment, the Japan Legal Support Center including the appointment date". (4) Article 41-2 of the New Support Act also applies to evaluation of the business performance in the JLSC's business year ending the day before the effective date.
Supplementary Provisions (Effective Date) (1) This Act comes into effect on the day specified by Cabinet Order within a period not exceeding two years from the date of promulgation. (Transitional Measures Concerning the Application of Penal Provisions) (2) Prior laws continue to govern the applicability of penal provisions to conduct in which a person engages before this Act comes into effect.