刑事訴訟法(昭和二十三年法律第百三十一号)
Code of Criminal Procedure(Act No. 131 of 1948)
最終更新:令和元年法律第六十三号
Last Version: Act No. 63 of 2019
TOC
History
-
▶
-
August 25, 2021
- Last Version: Act No. 63 of 2019
- Translated Date: June 30, 2021
- Dictionary Version: 14.0
-
August 8, 2019
- Last Version: Act No. 74 of 2011
- Translated Date: December 1, 2011
- Dictionary Version: 6.0
-
March 27, 2013
- Last Version: Act No. 36 of 2006
- Translated Date: April 1, 2009
- Dictionary Version: 2.0
刑事訴訟法(第一編第二編(暫定版))
|
Code of Criminal Procedure (Part I and Part II (Tentative translation))
|
昭和二十三年七月十日法律第百三十一号
|
Act No. 131 of July 10, 1948
|
第一編 総則
|
Part I General Provisions
|
第一章 裁判所の管轄
|
Chapter I Jurisdiction of Courts
|
(2)With respect to crimes committed on board a Japanese vessel while outside Japanese territory, the territorial jurisdiction will be determined, in addition to the places prescribed in the preceding paragraph, by the place of the port of registry of such vessel or the place of the port of call after said crime was committed.
|
|
Article 6If two or more cases falling under the territorial jurisdiction of different courts are related to each other, any court which has jurisdiction over one of these cases may exercise jurisdiction over the other cases jointly; provided, however, that such court may not exercise jurisdiction over a case which falls under the jurisdiction of a particular court pursuant to the provisions of other acts.
|
|
一一人が数罪を犯したとき。
|
(i)one person has committed several crimes;
|
二数人が共に同一又は別個の罪を犯したとき。
|
(ii)several persons have committed the same crime or several separate crimes together;
|
三数人が通謀して各別に罪を犯したとき。
|
(iii)several persons have conspired with each other, and each of them has committed crimes separately.
|
一裁判所の管轄区域が明らかでないため管轄裁判所が定まらないとき。
|
(i)the competent court of jurisdiction cannot be determined since the jurisdictional district is not clear;
|
二管轄違を言い渡した裁判が確定した事件について他に管轄裁判所がないとき。
|
(ii)there is no other court with jurisdiction over a case with respect to which a decision that a certain court lacks jurisdiction has become final.
|
一管轄裁判所が法律上の理由又は特別の事情により裁判権を行うことができないとき。
|
(i)the competent court is unable to exercise its jurisdiction owing to legal reasons or special circumstances;
|
二地方の民心、訴訟の状況その他の事情により裁判の公平を維持することができない虞があるとき。
|
(ii)there is a concern that the impartiality of the trial cannot be maintained owing to the general sentiment of the local people in the district, the state of the proceedings, or due to any other circumstances.
|
Article 18If, owing to the nature of the crime, the general sentiment of the local people in the district, or due to any other circumstances, there is a concern that public safety will be disrupted if the case were to be tried by the court which has jurisdiction over it, the Prosecutor-General must request the Supreme Court to effect a change of jurisdiction.
|
|
第二章 裁判所職員の除斥及び忌避
|
Chapter II Disqualification and Recusal of Court Officials
|
一裁判官が被害者であるとき。
|
(i)the judge is the victim;
|
二裁判官が被告人又は被害者の親族であるとき、又はあつたとき。
|
(ii)the judge is or was a relative of the accused or the victim;
|
三裁判官が被告人又は被害者の法定代理人、後見監督人、保佐人、保佐監督人、補助人又は補助監督人であるとき。
|
(iii)the judge is a legal representative, supervisor of a guardian, curator, supervisor of a curator, assistant, or supervisor of an assistant for the accused or the victim;
|
四裁判官が事件について証人又は鑑定人となつたとき。
|
(iv)the judge has become a witness or an expert witness in the case;
|
五裁判官が事件について被告人の代理人、弁護人又は補佐人となつたとき。
|
(v)the judge has become a representative, defense counsel or assistant for the accused in the case;
|
六裁判官が事件について検察官又は司法警察員の職務を行つたとき。
|
(vi)the judge has executed its duties of a public prosecutor or a judicial police officer in the case;
|
七裁判官が事件について第二百六十六条第二号の決定、略式命令、前審の裁判、第三百九十八条乃至第四百条、第四百十二条若しくは第四百十三条の規定により差し戻し、若しくは移送された場合における原判決又はこれらの裁判の基礎となつた取調べに関与したとき。ただし、受託裁判官として関与した場合は、この限りでない。
|
(vii)with regard to the case, the judge has participated in a ruling prescribed in Article 266, item (ii), summary order or the decision of the lower court, or in the original judgment of a case which was sent back or transferred pursuant to the provisions of Articles 398 to 400, 412, or 413, or in the examination of evidence which formed the basis of such decisions; provided, however, that this does not apply when said judge participated as a delegated judge.
|
Article 22Once a request or a statement has been made with regard to a case, a party cannot recuse a judge on the grounds that there is a concern that said judge may make a prejudicial decision; provided, however, that this does not apply when the party did not know of the existence of a cause for recusal or when such cause occurred later.
|
|
(2)When an individual judge who is assigned to a district court or a judge assigned to a family court is recused, a panel which is assigned to the same district or family court must make the ruling. When an individual judge who is assigned to a summary court is recused, a panel which is assigned to the district court which has jurisdiction must make the ruling; provided, however, that when the recused judge admits that the recusal has cause, such ruling will be deemed to have been made.
|
|
Article 24(1)When it is clear that the recusal of a judge has been made merely for the purpose of delaying proceedings, such recusal must be dismissed by a ruling. Paragraph (3) of the preceding Article does not apply to such case. The same applies to a ruling of dismissal against a recusal which was made in violation of Article 22 or the procedures established by the Rules of Court.
|
|
第三章 訴訟能力
|
Chapter III Competence to Stand Trial
|
第二十八条刑法(明治四十年法律第四十五号)第三十九条又は第四十一条の規定を適用しない罪に当たる事件について、被告人又は被疑者が意思能力を有しないときは、その法定代理人(二人以上あるときは、各自。以下同じ。)が、訴訟行為についてこれを代理する。
|
Article 28When the accused or the suspect lacks mental capacity regarding a case to which the provisions of Article 39 or 41 of the Penal Code (Act No. 45 of 1907) do not apply, said person's legal representative (when there are two or more legal representative, respectively; the same applies hereinafter) represents said person with regard to procedural actions..
|
第四章 弁護及び補佐
|
Chapter IV Counsel and Assistants
|
(3)If there are no prospective defense counsel as prescribed in the preceding paragraph, the bar association must promptly notify the person who made the request to such effect. The same also applies when the attorney who was introduced as prescribed in the preceding paragraph refuses the request for appointment of defense counsel made by the accused or suspect.
|
|
Article 36-2Except in cases requiring defense counsel as set forth pursuant to this Code, when making the request as prescribed in the preceding Article, the accused must submit a report on personal financial resources (meaning the total amount of cash, savings and other assets equivalent thereto provided for by Cabinet Order of such person (hereinafter referred to as "Financial Resources") and a document reporting the breakdown of said Financial Resources; the same applies hereinafter).
|
|
Article 36-3(1)Except in cases requiring defense counsel as set forth pursuant to this Code, where the accused, whose Financial Resources are equal to or more than the base amount (meaning the amount provided for by Cabinet Order as an amount generally sufficient enough to cover the remuneration and expenses of the defense counsel after taking into account the average necessary cost of living; the same applies hereinafter), is to make the request set forth in Article 36, said accused must first have made the request set forth in Article 31-2, paragraph (1) to the bar association within the jurisdictional district of the district court which has jurisdiction over the place where the court to which the request is to be made is located.
|
|
(2)Where the bar association, which received the request set forth in Article 31-2, paragraph (1) pursuant to the provisions of the preceding paragraph, has given the notification under the provisions of paragraph (3) of the same Article, it must notify the district court set forth in the preceding paragraph or the court where the case is pending to such effect.
|
|
一被告人が未成年者であるとき。
|
(i)the accused is a minor;
|
二被告人が年齢七十年以上の者であるとき。
|
(ii)the accused is over seventy years of age;
|
三被告人が耳の聞えない者又は口のきけない者であるとき。
|
(iii)the accused is unable to hear or speak;
|
四被告人が心神喪失者又は心神耗弱者である疑があるとき。
|
(iv)there is the possibility that the accused is insane or has diminished capacity;
|
五その他必要と認めるとき。
|
(v)it is deemed necessary for other reasons.
|
Article 37-2(1)If a detention warrant is issued against a suspect and the suspect is unable to appoint a defense counsel due to indigence or any other grounds, a judge must appoint a defense counsel for the suspect upon request; provided, however, that this does not apply when the defense counsel is appointed by a person other than the suspect, or the suspect is released.
|
|
(2)If a suspect, whose Financial Resources are equal to or more than the base amount, is to make the request set forth in paragraph (1) of the preceding Article, said suspect must have first made the request set forth in Article 31-2, paragraph (1) to the bar association within the jurisdictional district of the district court which has jurisdiction over the place where the court to which the judge who received the request for detention belongs is located.
|
|
(3)Where the bar association, which received the request set forth in Article 31-2, paragraph (1) pursuant to the provisions of the preceding paragraph, has given the notification under the provisions of paragraph (3) of the same Article, it must notify the district court set forth in the preceding paragraph to such effect.
|
|
Article 37-4If a detention warrant has been issued against a suspect and the suspect has no defense counsel, a judge may appoint a defense counsel ex officio when finding it necessary with regard to the suspect who is suspected of having difficulty in judging whether or not the defense counsel is required due to mental disability or any other grounds; provided, however, that this does not apply when the suspect is released.
|
|
Article 37-5If the judge is to appoint or has appointed the defense counsel provided for in the provisions of Article 37-2, paragraph (1) or in the preceding Article with regard to a case punishable by the death penalty, life imprisonment, or life imprisonment without work, when said judge deems it to be particularly necessary, said judge may appoint one more defense counsel ex officio; provided however, that this does not apply when the suspect has been released.
|
|
一第三十条の規定により弁護人が選任されたことその他の事由により弁護人を付する必要がなくなつたとき。
|
(i)it is no longer necessary to appoint defense counsel due to the fact that defense counsel has been appointed pursuant to the provisions of Article 30 or based on other reasons;
|
二被告人と弁護人との利益が相反する状況にあり弁護人にその職務を継続させることが相当でないとき。
|
(ii)there is a conflict of interests between the accused and the defense counsel, and it is inappropriate for the defense counsel to continue with its duties;
|
三心身の故障その他の事由により、弁護人が職務を行うことができず、又は職務を行うことが困難となつたとき。
|
(iii)the defense counsel is unable to carry out its duties or it has become difficult for the defense counsel to carry out its duties due to a mental or physical disorder or any other reason;
|
四弁護人がその任務に著しく反したことによりその職務を継続させることが相当でないとき。
|
(iv)it is inappropriate to have the defense counsel continue with its duties due to the defense counsel substantially contravening its duties;
|
五弁護人に対する暴行、脅迫その他の被告人の責めに帰すべき事由により弁護人にその職務を継続させることが相当でないとき。
|
(v)it is inappropriate to have the defense counsel continue with its duties due to assault or intimidation towards the defense counsel or some other cause imputable to the accused.
|
Article 39(1)The accused or the suspect in custody may, without any official being present, have an interview with, or send to or receive documents or articles from defense counsel or prospective defense counsel upon the request of a person entitled to appoint defense counsel (with regard to a person who is not an attorney, this applies only after the permission prescribed in Article 31, paragraph (2) has been obtained).
|
|
(2)With regard to the interview or the sending or receiving of documents or articles prescribed in the preceding paragraph, such measures may be provided by laws and regulations (including the Rules of Court; the same applies hereinafter) as are necessary to prevent the flight of the accused or the suspect, the concealment or destruction of evidence, or the sending or receiving of articles which may hinder safe custody.
|
|
(3)A public prosecutor, public prosecutor's assistant officer or judicial police official ("judicial police official" means both a judicial police officer and a judicial constable; the same applies hereinafter) may, when it is necessary for investigation, designate the date, place and time of the interview or sending or receiving of documents or articles prescribed in paragraph (1) only prior to the institution of prosecution; provided however, that such designation must not unduly restrict the rights of the suspect to prepare for defense.
|
|
第五章 裁判
|
Chapter V Judicial Decisions
|
第六章 書類及び送達
|
Chapter VI Documents and Service
|
(3)Trial records must be completed promptly after each trial date, and at the latest, by the time of pronouncement of the judgment; provided however, that the record for the trial date on which the judgment is pronounced need only be completed within 7 days after said trial date, and the record for the trial date need only be completed within 10 days after the trial date if the time period from the trial date to the date of pronouncement of the judgment is less than 10 days (within 7 days after the trial date pronouncing the judgment if the time period up to the date of pronouncement of the judgment is less than three days).
|
|
Article 50(1)If the trial records have not been completed by the time of the next trial date, the court clerk must, upon the request of a public prosecutor, the accused or the defense counsel, give an outline of the statements given by the witnesses on the previous trial date either on or before the next trial date.In this case, when the public prosecutor, the accused or the defense counsel who has made the request raises an objection to the accuracy of the outline of the statements, such objection must be recorded in the trial records.
|
|
(2)If the trial records of a trial date without the appearance of the accused and defense counsel have not been completed before the next trial date, the court clerk must inform, either on or before the next trial date, the accused or the defense counsel who has appeared of important particulars relating to the trial held on the previous trial date.
|
|
(2)The objection prescribed in the preceding paragraph must be raised within 14 days after the last trial date of that instance at the latest; provided however, that with regard to trial records completed after the trial date pronouncing the judgment set forth in the provisions of the proviso to Article 48, paragraph (3), objection may be raised within 14 days after completion of the trial records.
|
|
(2)Notwithstanding the preceding paragraph, only persons concerned in a case or persons who have justifiable reason and have been specially granted permission by the custodian may inspect the case records in which a prohibition has been imposed on the oral arguments being made open to the public or on case records being inspected owing to the inappropriateness of inspection by the public.
|
|
第五十三条の二訴訟に関する書類及び押収物については、行政機関の保有する情報の公開に関する法律(平成十一年法律第四十二号)及び独立行政法人等の保有する情報の公開に関する法律(平成十三年法律第百四十号)の規定は、適用しない。
|
Article 53-2(1)The provisions of the Act on Access to Information Held by Administrative Organs (Act No. 42 of 1999) and the Act on Access to Information Held by Independent Administrative Agencies (Act No. 40 of 2001) do not apply to documents relating to trials and seized articles.
|
2訴訟に関する書類及び押収物に記録されている個人情報については、行政機関の保有する個人情報の保護に関する法律(平成十五年法律第五十八号)第四章及び独立行政法人等の保有する個人情報の保護に関する法律(平成十五年法律第五十九号)第四章の規定は、適用しない。
|
(2)The provisions of Chapter IV of the Act on the Protection of Personal Information Held by Administrative Organs (Act No. 58 of 2003) and Chapter IV of the Act on the Protection of Personal Information Held by Independent Administrative Agencies. (Act No. 59 of 2003) do not apply to personal information recorded in documents relating to trials and seized articles.
|
3訴訟に関する書類については、公文書等の管理に関する法律(平成二十一年法律第六十六号)第二章の規定は、適用しない。この場合において、訴訟に関する書類についての同法第四章の規定の適用については、同法第十四条第一項中「国の機関(行政機関を除く。以下この条において同じ。)」とあり、及び同法第十六条第一項第三号中「国の機関(行政機関を除く。)」とあるのは、「国の機関」とする。
|
(3)The provisions of Chapter II of the Public Records and Archives Management Act (Act No. 66 of 2009) do not apply to documents relating to trials.In this case, with regard to application of the provisions of Chapter IV of the same Act to documents relating to trials, "state organ (except for administrative organs; the same applies hereinafter in this Article)" in the text of Article 14, paragraph (1) of the same Act and the "state organ (except for administrative organs)" in the text of Article 16, paragraph (1), item (iii) of the same Act are "state organ".
|
第七章 期間
|
Chapter VII Time Periods
|
Article 55(1)In the calculation of time periods, those that are calculated by hours begin to run immediately, and those that are calculated by days, months or years do not include the first day; provided however, that the first day of a period of statute of limitations is included as one day irrespective of the hours of that day.
|
|
3期間の末日が日曜日、土曜日、国民の祝日に関する法律(昭和二十三年法律第百七十八号)に規定する休日、一月二日、一月三日又は十二月二十九日から十二月三十一日までの日に当たるときは、これを期間に算入しない。ただし、時効期間については、この限りでない。
|
(3)When the last day of a time period falls on a Sunday, Saturday, a national holiday prescribed in the Act Concerning National Holidays (Act No. 178 of 1948), January 2nd, January 3rd or December 29th - 3lst, it is not included in the time period; provided however, that this does not apply to the period of statute of limitations.
|
Article 56(1)A time period designated by law may be extended pursuant to the Rules of Court in consideration of the distance between the place where the residence or the office of the person who is to undertake a procedural action is located and the place where the court or the public prosecutor's office is located, and the inconvenience of transportation and communication facilities.
|
|
第八章 被告人の召喚、勾引及び勾留
|
Chapter VIII Summons, Subpoena and Detention of the Accused
|
一被告人が定まつた住居を有しないとき。
|
(i)the accused has no fixed residence;
|
二被告人が、正当な理由がなく、召喚に応じないとき、又は応じないおそれがあるとき。
|
(ii)the accused, without a justifiable reason, disobeys the summons, or poses a risk of disobeying said summons.
|
一被告人が定まつた住居を有しないとき。
|
(i)the accused has no fixed residence;
|
二被告人が罪証を隠滅すると疑うに足りる相当な理由があるとき。
|
(ii)there is probable cause to suspect that the accused may conceal or destroy evidence;
|
三被告人が逃亡し又は逃亡すると疑うに足りる相当な理由があるとき。
|
(iii)the accused has fled or there is probable cause to suspect that the accused may flee.
|
(2)The period of detention is two months from the date of institution of prosecution. When it is especially necessary to continue the detention, the period may be extended for additional one-month periods by a ruling with a specific reason,; provided however, that the extension is only allowed once, except as otherwise prescribed in Article 89, item (i), (iii), (iv) or (vi).
|
|
3三十万円(刑法、暴力行為等処罰に関する法律(大正十五年法律第六十号)及び経済関係罰則の整備に関する法律(昭和十九年法律第四号)の罪以外の罪については、当分の間、二万円)以下の罰金、拘留又は科料に当たる事件については、被告人が定まつた住居を有しない場合に限り、第一項の規定を適用する。
|
(3)With regard to cases which are punished with a fine of not more than 300,000 yen (with regard to crimes other than those under the Penal Code, the Act on Punishment of Physical Violence and Others (Act No. 60 of 1925), and the Act on Penal Provisions related to Economic Activities (Act No. 4 of 1944), 20,000 yen for the time being), penal detention or a petty fine, the provisions of paragraph (1) of this Article apply only when the accused has no fixed residence.
|
Article 63A summons must contain the name and residence of the accused, the crime, the date, time and location of appearance, a statement that a subpoena may be issued if the accused does not appear without a justifiable reason, and other particulars prescribed in the Rules of Court; and the presiding judge or the commissioned judge must affix their name and seal to it.
|
|
Article 64(1)A subpoena or detention warrant must contain the name and residence of the accused, the crime, an outline of the charged facts, the place where the accused is to be brought or the penal institution where the accused is to be detained, the period of validity and a statement that after expiry of the period of validity the subpoena or detention warrant may not be executed but must be returned, the date of issue, and other particulars prescribed in the Rules of Court; and the presiding judge or the commissioned judge must affix their name and seal to it.
|
|
(2)When the accused submits documentation stating that the accused will appear on an appointed trial date, or when the court orally instructs the accused while in court to appear on the next trial date, this has the same effect as a summons being served. When the court orally instructs the accused, this fact must be recorded in the trial records.
|
|
(3)The accused detained at a penal institution near the court may be summoned by notifying an official of the penal institution (meaning the warden of the penal institution or an official of the penal institution designated by the warden; the same applies hereinafter). In this case, a summons is deemed to have been served when the accused is notified by the official of the penal institution.
|
|
Article 68The court may, when it is necessary, order the accused to appear at or to be accompanied to a designated place. When the accused disobeys the order without a justifiable reason, the court may subpoena said person to appear at that place. In this case, calculation of the time period prescribed in Article 59 begins from the time when the accused is brought to said place.
|
|
Article 70(1)Subpoenas or detention warrants are, under the direction of a public prosecutor, executed by a public prosecutor's assistant officer or a judicial police official; provided however, that in cases requiring urgency, the presiding judge, a commissioned judge or a judge of a district court, family court or summary court may direct its execution.
|
|
Article 71A public prosecutor's assistant officer or a judicial police official may, when it is necessary, execute the subpoena or detention warrant outside of said officer's jurisdiction, or request a public prosecutor's assistant officer or a judicial police officer in relevant jurisdiction to execute said subpoena or detention warrant.
|
|
Article 73(1)In the execution of a subpoena, said subpoena must be shown to the accused, and the accused must be brought to the designated court or the designated place directly and as promptly as possible. With regard to execution of the subpoena prescribed in Article 66, paragraph (4), the accused must be brought to the judge who issued it.
|
|
(3)When the subpoena or detention warrant cannot be shown to the accused because it is not in the executing officer's possession, and when in cases requiring urgency, the warrant may, notwithstanding the preceding two paragraphs, be executed after giving an outline of the facts of the charges to the accused and informing the accused that the warrant has been issued; provided however, that the warrant must be shown to the accused as promptly as possible.
|
|
Article 76(1)If the accused is subpoenaed, the accused must be immediately notified of an outline of the charged facts, that the accused is entitled to appoint a defense counsel, and that when unable to personally appoint a defense counsel due to indigence or any other grounds, the accused is entitled to request the court to appoint a defense counsel; provided, however, that if a defense counsel has been appointed for the accused, it is sufficient to give the accused only an outline of the charged facts.
|
|
(2)When informing the accused that the accused is entitled to appoint a defense counsel pursuant to the provisions of the preceding paragraph, the court must inform the accused that the accused may make a request for appointment of a defense counsel specifying an attorney, a legal professional corporation or a bar association, and of the person to which the request must be made.
|
|
(4)If a subpoena has been issued pursuant to the provisions of Article 66, paragraph (4), notification under paragraph (1) and information under paragraph (2) must be given by the judge who issued the subpoena; provided, however, that the judge may commission a court clerk to give the notification and information.
|
|
Article 77(1)If the accused is to be detained, the accused must be immediately notified that the accused is entitled to appoint a defense counsel, and that when unable to personally appoint a defense counsel due to indigence or any other grounds, the accused is entitled to request the court to appoint a defense counsel; provided, however, that this does not apply if a defense counsel has been appointed for the accused.
|
|
(2)When informing the accused that the accused is entitled to appoint a defense counsel pursuant to the provisions of the preceding paragraph, the court must inform the accused that the accused may make a request for appointment of a defense counsel specifying an attorney, a legal professional corporation or a bar association, and of the person to which the request must be made.
|
|
(3)In the case of the proviso of Article 61, immediately after detention of the accused, the accused must be notified of the matters provided in paragraph (1) and an outline of the charged facts, and also informed of the matters provided in the preceding paragraph; provided, however, that if a defense counsel has been appointed for the accused, it is sufficient to give the accused only the outline of the charged facts.
|
|
Article 78(1)The accused under subpoena or detention may make a request to the court, the penal institution warden or said warden's deputy for appointment of defense counsel, specifying an attorney, legal professional corporation or bar association; provided however, that this does not apply when defense counsel has been appointed for the accused.
|
|
(2)The court, the penal institution warden or said warden's deputy requested by the accused as prescribed in the preceding paragraph must immediately notify the attorney, legal professional corporation or bar association specified by the accused of the request. When the accused has specified two or more attorneys or two or more legal professional corporations or bar associations and made the request as so prescribed in the preceding paragraph, the court, the penal institution warden or said warden's deputy need only notify one of them.
|
|
Article 79If the accused has been detained, the defense counsel must be notified immediately. When no defense counsel has been appointed for the accused, notification must be given to the person who has been specified by the accused from among the legal representative, curator, spouse, lineal relatives and siblings of the accused.
|
|
Article 80The accused under detention may, subject to relevant laws and regulations, have an interview with, or send to or receive documents or articles from persons other than those prescribed in Article 39, paragraph (1). The same applies to an accused who is detained at a penal institution through a subpoena.
|
|
Article 81The court may, when there is probable cause to suspect that the accused under detention may flee or conceal or destroy evidence, upon the request of a public prosecutor or ex officio, prohibit the accused from having an interview with persons other than those prescribed in Article 39, paragraph (1), or censor the documents or articles sent or received by the accused, prohibit the sending or receiving of said documents or articles, or seize said documents or articles; provided however, that the court may not prohibit the sending or receiving of food, nor seize food.
|
|
(3)The court may not be convened without the presence of the accused and the defense counsel of the accused; provided however, that this does not apply when the accused cannot personally attend the court because of illness or other unavoidable reasons and has no objection, or when the accused has no objection to defense counsel not appearing.
|
|
Article 87(1)When the grounds for or necessity of detention no longer exist, the court must, upon the request of a public prosecutor, the accused under detention, the defense counsel of the accused, legal representative, curator, spouse, lineal relative or sibling or ex officio, make a ruling to rescind the detention.
|
|
一被告人が死刑又は無期若しくは短期一年以上の懲役若しくは禁錮に当たる罪を犯したものであるとき。
|
(i)the accused has allegedly committed a crime which is punishable by the death penalty, life imprisonment, life imprisonment without work, or a sentence of imprisonment or imprisonment without work whose minimum term is one year or more;
|
二被告人が前に死刑又は無期若しくは長期十年を超える懲役若しくは禁錮に当たる罪につき有罪の宣告を受けたことがあるとき。
|
(ii)the accused was previously found guilty of a crime punishable by the death penalty, life imprisonment, life imprisonment without work, or a sentence of imprisonment or imprisonment without work whose maximum term was in excess of ten years;
|
三被告人が常習として長期三年以上の懲役又は禁錮に当たる罪を犯したものであるとき。
|
(iii)the accused allegedly habitually committed a crime punishable by imprisonment or imprisonment without work whose maximum term was three years or more ;
|
四被告人が罪証を隠滅すると疑うに足りる相当な理由があるとき。
|
(iv)there is probable cause to suspect that the accused may conceal or destroy evidence;
|
五被告人が、被害者その他事件の審判に必要な知識を有すると認められる者若しくはその親族の身体若しくは財産に害を加え又はこれらの者を畏怖させる行為をすると疑うに足りる相当な理由があるとき。
|
(v)there is probable cause to suspect that the accused may harm the body or property of the victim or any other person who is deemed to have knowledge essential to the trial of the case or the relatives of such persons or may threaten them;
|
六被告人の氏名又は住居が分からないとき。
|
(vi)the name or residence of the accused is unknown.
|
Article 90The court may, when it finds it appropriate, grant bail ex officio taking into account the extent of the risk that the accused may flee, or conceal or destroy evidence if the accused is bailed, as well as the extent of health or economic disadvantages or disadvantages in social life or in terms of preparation for defense to be incurred by the accused due to continued physical restraint and other circumstances.
|
|
一被告人が、召喚を受け正当な理由がなく出頭しないとき。
|
(i)the accused has been summoned but does not appear without a justifiable reason;
|
二被告人が逃亡し又は逃亡すると疑うに足りる相当な理由があるとき。
|
(ii)the accused has fled or there is probable cause to suspect that the accused may flee;
|
三被告人が罪証を隠滅し又は罪証を隠滅すると疑うに足りる相当な理由があるとき。
|
(iii)the accused has concealed or destroyed evidence or there is probable cause to suspect that the accused may conceal or destroy evidence;
|
四被告人が、被害者その他事件の審判に必要な知識を有すると認められる者若しくはその親族の身体若しくは財産に害を加え若しくは加えようとし、又はこれらの者を畏怖させる行為をしたとき。
|
(iv)the accused has harmed or tried to harm the body or property of the victim, any other person who is deemed to have knowledge essential to the trial of the case or the relatives of such persons or has threatened them; or
|
五被告人が住居の制限その他裁判所の定めた条件に違反したとき。
|
(v)the accused has violated the conditions set by the court such as restrictions on the place of residence.
|
(3)When an accused on bail has been found guilty, and the sentence has become final and binding, and said accused has subsequently been summoned for the execution of said sentence but does not appear in court without a justifiable reason or flees, the court must, upon the request of a public prosecutor, make a ruling to sequester the whole or part of the bail bond.
|
|
Article 97(1)With respect to cases where the time limit for filing an appeal has not yet expired and an appeal has not yet been filed, rulings to renew the period of detention, rescind the detention, bail the accused, suspend the execution of detention, or rescind the bail or the suspension of execution of detention must be made by the original court.
|
|
Article 98(1)If a ruling to rescind bail or the suspension of execution of detention has been made, or if the term of suspension of detention has expired, a public prosecutor's assistant officer, judicial police official or an official of the penal institution must, under the direction of a public prosecutor, commit the accused in an penal institution after showing said accused a transcript of the detention warrant and a transcript of the written ruling rescinding bail or the suspension of execution of detention or a transcript of the written ruling on suspension for a designated term of execution of detention.
|
|
(2)When said officer or official is unable to show the documents in the preceding paragraph to the accused because said person does not have the documents in their possession and in cases requiring urgency, said person may, notwithstanding the preceding paragraph and under the direction of a public prosecutor, commit the accused in penal institution immediately after notifying the accused that the ruling to grant bail or to suspend the execution of detention has been rescinded, or that the term of suspension of execution of detention has expired; provided however, that the documents must be shown as promptly as possible.
|
|
第九章 押収及び捜索
|
Chapter IX Search and Seizure
|
(2)If the article to be seized is a computer, and with regard to a recording medium connected via telecommunication lines to such computer, it may be reasonably supposed that such recording medium was used to retain electronic or magnetic records which have been made or altered using such computer, or electronic or magnetic records which can be altered or erased using such computer, the computer or other recording medium may be seized after such electronic or magnetic records have been copied onto such computer or other recording medium.
|
|
Article 99-2The court may, when it is necessary, seize records created under a record copying order (meaning having a custodian of electronic or magnetic records or a person with the authority to access electronic or magnetic records copy the necessary electronic or magnetic records onto a recording medium or print said records out, and seize said recording medium; the same applies hereinafter).
|
|
Article 100(1)The court may seize or order the submission of postal items, items of correspondence or documents sent by telegraph sent to or from the accused which, based on the provisions of laws and regulations are held in the custody of or are in the possession of a person who handles communications.
|
|
(2)The postal items, items of correspondence or documents sent by telegraph sent to or from the accused which, based on the provisions of laws and regulations are held in the custody of or are in the possession of a person who handles communications, but are not subject to the preceding paragraph, may be seized or their submission ordered only when they can be reasonably supposed to be related to the case charged to the court.
|
|
Article 103Articles retained or possessed by a government employee or an ex-government employee may not be seized without the consent of said employee's supervisory public agency, when said employee or the public agency asserts that the articles pertain to official confidential information; provided however, that the supervisory public agency may not refuse consent except where the seizure may harm important national interests.
|
|
Article 104(1)When the persons prescribed in the following items make an assertion as prescribed in the preceding Article, the articles may not be seized without the consent of the House with regard to the person prescribed in item (i), or the consent of the Cabinet with regard to the person prescribed in item (ii):
|
|
一衆議院若しくは参議院の議員又はその職に在つた者
|
(i)a Member or ex-Member of the House of Representatives or the House of Councillors;
|
二内閣総理大臣その他の国務大臣又はその職に在つた者
|
(ii)the Prime Minister, other Ministers of State or ex-Ministers of State.
|
Article 105A physician, dentist, midwife, nurse, attorney (including a foreign lawyer registered in Japan), patent attorney, notary public or a person engaged in a religious occupation, or any other person who was formerly engaged in any of these professions may refuse the seizure of articles containing the confidential information of others with which said person has been entrusted, and retains or possesses in the course of said person's duties; provided however, that this does not apply when the person in question has given consent, when the refusal is deemed to be an abuse of rights exclusively for the interests of the accused (unless said person is the accused), or where there exist other circumstances provided for by the Rules of Court.
|
|
Article 107(1)Search warrants, seizure warrants or warrants ordering the seizure of records created under a record copying order must contain the name of the accused, the charged offense, the articles to be seized, details of the electronic or magnetic records to be recorded or to be printed out, the name of person who is to record them or print them out, or the place, body or articles to be searched, the period of validity and a statement to the effect that after said period of validity expires searches or seizures may not be executed and said warrant must be returned, as well as the date of issue and other particulars prescribed in the Rules of Court; and the name and seal of the presiding judge must be affixed to said warrants.
|
|
(2)When making the ruling provided for in Article 99, paragraph (2), in addition to the particulars prescribed in the preceding paragraph, the seizure warrants set forth in the preceding paragraph must contain the range of recording medium to which the electronic or magnetic records are to be copied and which is connected via telecommunication lines to the computer to be seized.
|
|
Article 108(1)The search warrant, seizure warrant, or warrant ordering the seizure of records created under a record copying order is executed by a public prosecutor's assistant officer or a judicial police official under the direction of a public prosecutor; provided however, that when the court deems it necessary for the protection of the accused, the presiding judge may order a court clerk or a judicial police official to execute said warrant.
|
|
一差し押さえるべき記録媒体に記録された電磁的記録を他の記録媒体に複写し、印刷し、又は移転した上、当該他の記録媒体を差し押さえること。
|
(i)the person may copy the electronic or magnetic records recorded on the recording medium which is to be seized onto some other recording medium, print them out or transfer them, and may then seize said other recording medium;
|
二差押えを受ける者に差し押さえるべき記録媒体に記録された電磁的記録を他の記録媒体に複写させ、印刷させ、又は移転させた上、当該他の記録媒体を差し押さえること。
|
(ii)the person may have the person subject to the seizure copy the electronic or magnetic records recorded on the recording medium which is to be seized onto some other recording medium, print them out or transfer them, and may then seize said other recording medium.
|
Article 111(1)In the execution of a search warrant, seizure warrant or warrant ordering the seizure of records created under a record copying order, necessary measures such as the unlocking or unsealing of relevant articles may be taken. The same applies to searches, seizures and seizures of records created under a record copying order in court.
|
|
Article 111-2Where the article to be seized is a recording medium containing electronic or magnetic records, the person executing the search warrant or the seizure warrant may ask the person subject to the measure to operate the computer, or for some other form of cooperation. The same applies to a search or seizure in court.
|
|
(2)The executing officer of the search warrant, seizure warrant or warrant ordering the seizure of records created under a record copying order must, notify persons who may attend in advance, pursuant to the provisions of the preceding paragraph, of the date, time and location of the execution of the warrant; provided however, that this does not apply when such persons declare to the court in advance their intention not to attend said execution, or in cases requiring urgency.
|
|
(2)Except for the cases pursuant to the provisions of the preceding paragraph, in executing the search warrant, seizure warrant or warrant ordering the seizure of records created under a record copying order in the residence of a person, or on the premises, in a building or a vessel guarded by a person, the executing officer must have the head of the household, the guard or the deputy of said head or guard attend its execution. When such person is unable to do so, the executing officer must have a neighbor or an official of the local government attend said execution.
|
|
Article 116(1)The executing officer may not enter the residence of a person, or premises, building or vessel guarded by a person to execute a search warrant, seizure warrant or warrant ordering the seizure of records created under a record copying order before sunrise or after sunset, unless the warrant contains a written statement to the effect that execution during the night is permitted.
|
|
一賭博、富くじ又は風俗を害する行為に常用されるものと認められる場所
|
(i)places recognized as being frequently used for gambling, private lotteries or acts prejudicial to public morals; or
|
二旅館、飲食店その他夜間でも公衆が出入りすることができる場所。ただし、公開した時間内に限る。
|
(ii)hotels, restaurants or other places where the public is able to enter and leave at night; provided, however, that this applies only to searches and seizure executed during hours in which those places are open to the public.
|
Article 118When the executing officer suspends the execution of a seizure warrant, a warrant ordering the seizure of records created under a record copying order, or a seizure warrant and it is necessary, that execution officer may shut down the place under execution or put the place under guard until the execution has been completed.
|
|
(3)When the seized article is a recording medium which was seized after transferring electronic or magnetic records or having the electronic or magnetic records transferred pursuant to the provisions of Article 110-2 and does not need to be placed in custody, and when the person who underwent the seizure and the owner, possessor or custodian of such recording medium differ, said recording medium must be delivered to the person who underwent the seizure, or the copying of the electronic or magnetic records must be allowed by a ruling, notwithstanding the conclusion of the case.
|
|
Article 124(1)Seized property obtained through a property crime which does not need to be placed in custody must be ruled to be returned to the victim, only when the reason necessitating return to the victim is clear, notwithstanding the conclusion of the case and after hearing the opinions of the public prosecutor and the accused or the defense counsel.
|
|
Article 126A public prosecutor's assistant officer or a judicial police official may, when executing a subpoena or detention warrant, if it is necessary, enter the residence of a person, or premises, building or vessel guarded by a person and search for the accused. In this case, a search warrant need not be obtained.
|
|
Article 127The provisions of Articles 111, 112, 114 and 118 apply mutatis mutandis to the search by a public prosecutor's assistant officer or a judicial police official as prescribed in the preceding Article; provided however, that in cases requiring urgency, the search need not be in accordance with Article 114, paragraph (2).
|
|
第十章 検証
|
Chapter X Inspections
|
Article 130(1)The court may not enter the residence of a person, or premises, building or vessel guarded by a person for inspection before sunrise or after sunset without the consent of the head of the household, the guard or deputy; provided however, that this does not apply when there is the concern that an inspection after sunrise may not fulfill the purpose of inspection.
|
|
Article 131(1)An inspection and examination of a person, taking into account the sex, physical condition and other circumstances of a person undergoing said inspection and examination, must be executed with due care given especially to the manner of the inspection and examination, so as not to harm the dignity of the person being inspected and examined.
|
|
Article 133(1)When the person who was summoned in accordance with the provisions of the preceding Article does not appear without a justifiable reason, the court may punish said person by making a ruling for a non-criminal fine of not more than 100,000 yen and order said person to compensate for the expenses incurred due to said absence.
|
|
Article 136The provisions of Articles 62, 63 and 65 apply mutatis mutandis to the summons prescribed in the provisions of Article 132 and the preceding Article, and the provisions of Articles 62, 64, 66, 67, 70, 71 and Article 73, paragraph (1) apply mutatis mutandis to the subpoena prescribed in the preceding Article.
|
|
Article 137(1)When the accused or a person other than the accused refuses an inspection and examination of the person without a justifiable reason, the court may punish said person by making a ruling for a non-criminal fine of not more than 100,000 yen and order said person to compensate for the expenses incurred due to said refusal.
|
|
Article 140The court must, when it is going to punish a person by a non-criminal fine in accordance with Article 137, or execute an inspection and examination of the person in accordance with the preceding Article, hear the opinion of the public prosecutor in advance, and endeavor to ascertain the reason for the objection of a person who is to undergo an inspection and examination of the person.
|
|
第十一章 証人尋問
|
Chapter XI Examination of Witnesses
|
Article 144The court may not examine, without the consent of the supervisory public agency, a government employee or an ex-government employee on particulars which said person has come to know, when the officer or the public office asserts that the knowledge of the government employee or ex-government employee pertains to official confidential information; provided however, that the supervisory public agency may not refuse to give consent except where such examination may harm important national interests.
|
|
Article 145(1)When the persons prescribed in the following items make an assertion as prescribed in the preceding Article, the court may not examine said person as a witness without the consent of the House with regard to the person prescribed in item (i), or the consent of the Cabinet with regard to the person prescribed in item (ii):
|
|
一衆議院若しくは参議院の議員又はその職に在つた者
|
(i)a Member or ex-Member of the House of Representatives or the House of Councillors;
|
二内閣総理大臣その他の国務大臣又はその職に在つた者
|
(ii)the Prime Minister, other Ministers of State or ex-Ministers of State.
|
一自己の配偶者、三親等内の血族若しくは二親等内の姻族又は自己とこれらの親族関係があつた者
|
(i)said person's spouse, blood relatives within the third degree of kinship or relatives by affinity within the second degree of kinship or a person who formerly had such relationship with said person;
|
二自己の後見人、後見監督人又は保佐人
|
(ii)said person's guardian, the supervisor of said person's guardian or said person's curator;
|
三自己を後見人、後見監督人又は保佐人とする者
|
(iii)a person for whom said person is a guardian, supervisor of a guardian or a curator.
|
Article 149A physician, dentist, midwife, nurse, attorney (including a foreign lawyer registered in Japan), patent attorney, notary public or a person engaged in a religious occupation, or any other person who was formerly engaged in any of these professions may refuse to give testimony on particulars pertaining to the confidential information that said person came to know through entrusted professional conduct; provided however, that this does not apply when the person in question has given consent, when the refusal is deemed to be an abuse of rights exclusively for the interests of the accused (unless said person is the accused), or where there exist other circumstances provided for by the Rules of Court.
|
|
(2)Those who are entitled to attend the examination in accordance with the preceding paragraph must be notified in advance of the date, time and location of the witness examination; provided however, that this does not apply when any of these persons declares in advance to the court their intent of not attending.
|
|
Article 157-2(1)When a public prosecutor plans to examine a witness with regard to matters that may lead to the witness's criminal prosecution or conviction and finds it necessary taking into account the importance of testimony on those matters, the gravity and circumstances of the crime concerned and other circumstances, the public prosecutor may request in advance that the court should examine the witness under the following conditions:
|
|
一尋問に応じてした供述及びこれに基づいて得られた証拠は、証人が当該証人尋問においてした行為が第百六十一条又は刑法第百六十九条の罪に当たる場合に当該行為に係るこれらの罪に係る事件において用いるときを除き、証人の刑事事件において、これらを証人に不利益な証拠とすることができないこと。
|
(i)statements made in response to the examination and evidence obtained based thereon may not be used as evidence against the witness in the witness's criminal case, except when acts performed by the witness during the examination constitute the crimes under Article 161 of this Code or Article 169 of the Penal Code and those statements and evidence are used in the case pertaining to these crimes involving the acts; and
|
二第百四十六条の規定にかかわらず、自己が刑事訴追を受け、又は有罪判決を受けるおそれのある証言を拒むことができないこと。
|
(ii)notwithstanding the provisions of Article 146, the witness may not refuse to give testimony even if there is a concern that the testimony may result in the witness's criminal prosecution or conviction.
|
(2)Upon request under the preceding paragraph, the court shall render a ruling to the effect that the witness will be examined under the conditions set forth in items of the same paragraph, except when it is clearly found that any matter that may lead to the witness's criminal prosecution or conviction is not included in the matters with regard to which the witness is to be examined.
|
|
Article 157-3(1)When a public prosecutor finds that a witness has refused to give testimony on matters that may lead to the witness's criminal prosecution or conviction and finds it necessary taking into account the importance of testimony on those matters, the gravity and circumstances of the crime concerned and other circumstances, the public prosecutor may request that the court should examine the witness under the conditions set forth in items of paragraph (1) of the preceding Article after that point.
|
|
(2)Upon request under the preceding paragraph, the court shall render a ruling to the effect that the witness will be examined under the conditions set forth in items of paragraph (1) of the preceding Article after that point, except when it is found that the witness has not refused to give testimony or it is clearly found that any matter that may lead to the witness's criminal prosecution or conviction is not included in the matters with regard to which the witness is to be examined.
|
|
Article 157-4(1)In the examination of a witness, if it is found that the witness is likely to feel extreme anxiety or tension taking into account the witness's age or mental or physical condition, or other circumstances, a court may, after hearing the opinions of the public prosecutor and the accused or the defense counsel, have the witness accompanied during testimony by those who are suitable for easing the witness's anxiety or tension, and are unlikely to disturb examination by a judge or persons concerned in the case or the testimony of the witness, or to unduly influence the content of the testimony.
|
|
(2)The person accompanying the witness pursuant to the provisions of the preceding paragraph must not behave in any manner, during the testimony of the witness, which may disturb examination by a judge or persons concerned in the case or the testimony of the witness, or unduly influence the content of the testimony.
|
|
第百五十七条の五裁判所は、証人を尋問する場合において、犯罪の性質、証人の年齢、心身の状態、被告人との関係その他の事情により、証人が被告人の面前(次条第一項及び第二項に規定する方法による場合を含む。)において供述するときは圧迫を受け精神の平穏を著しく害されるおそれがあると認める場合であつて、相当と認めるときは、検察官及び被告人又は弁護人の意見を聴き、被告人とその証人との間で、一方から又は相互に相手の状態を認識することができないようにするための措置を採ることができる。ただし、被告人から証人の状態を認識することができないようにするための措置については、弁護人が出頭している場合に限り、採ることができる。
|
Article 157-5(1)In the examination of a witness, when it is found that the witness is likely to feel pressure and the witness's mental peace of mind is likely to be seriously harmed while testifying in the presence of the accused (including cases using the means provided in paragraphs (1) and (2) of the following Article) due to the nature of the crime, the witness's age, mental or physical condition or relationship with the accused, or other circumstances, and a court finds it appropriate, the court may take measures so that it is impossible for the accused and the witness to be aware of each other's presence either from one side or from both sides, after hearing the opinions of the public prosecutor and the accused or the defense counsel; provided, however, that measures to make it impossible for the accused to be aware of the presence of the witness may only be taken when the defense counsel is present.
|
(2)In the examination of a witness, when a court finds it appropriate taking into account the nature of the crime, the witness's age or mental or physical condition, the effect on the witness's reputation, or other circumstances, the court may take measures so that it is impossible for court observers and the witness to be aware of each other's presence, after hearing the opinions of the public prosecutor and the accused or the defense counsel.
|
|
Article 157-6(1)In the examination of the person set forth in the following items as a witness, when a court finds it appropriate, the court may, after hearing the opinions of the public prosecutor and the accused or the defense counsel, have the witness be present in a place located in the same premises (meaning in the same premises as the place where these persons are present; the same applies in the following paragraph) other than the place where the judge and persons concerned in the case are present for the examination of the witness, and examine the witness by means that allows the recognition of each other's presence and communication through the transmission of images and sound:
|
|
一刑法第百七十六条から第百七十九条まで若しくは第百八十一条の罪、同法第二百二十五条若しくは第二百二十六条の二第三項の罪(わいせつ又は結婚の目的に係る部分に限る。以下この号において同じ。)、同法第二百二十七条第一項(第二百二十五条又は第二百二十六条の二第三項の罪を犯した者を幇助する目的に係る部分に限る。)若しくは第三項(わいせつの目的に係る部分に限る。)若しくは第二百四十一条第一項若しくは第三項の罪又はこれらの罪の未遂罪の被害者
|
(i)the victim of the crimes or attempts of the crimes under Articles 176 through 179 or Article 181 of the Penal Code, Article 225 or Article 226-2, paragraph (3) of the same Code (limited to cases with the purpose of indecency or marriage; hereinafter the same applies in this item), or Article 227, paragraph (1) (limited to cases with the purpose of being an accessory to a person who commits the crime under Article 225 or Article 226-2, paragraph (3)) or paragraph (3) (limited to cases with the purpose of indecency) or Article 241, paragraph (1) or (3) of the same Code;
|
二児童福祉法(昭和二十二年法律第百六十四号)第六十条第一項の罪若しくは同法第三十四条第一項第九号に係る同法第六十条第二項の罪又は児童買春、児童ポルノに係る行為等の規制及び処罰並びに児童の保護等に関する法律(平成十一年法律第五十二号)第四条から第八条までの罪の被害者
|
(ii)the victim of the crimes under Article 60, paragraph (1) of the Child Welfare Act (Act No. 164 of 1947) or paragraph (2) of the same Article pertaining to Article 34, paragraph (1), item (ix) of the same Act, or Articles 4 through 8 of the Act on Regulation and Punishment of Acts Relating to Child Prostitution and Child Pornography, and Protection of Children (Act No. 52 of 1999); or
|
三前二号に掲げる者のほか、犯罪の性質、証人の年齢、心身の状態、被告人との関係その他の事情により、裁判官及び訴訟関係人が証人を尋問するために在席する場所において供述するときは圧迫を受け精神の平穏を著しく害されるおそれがあると認められる者
|
(iii)in addition to those set forth in the preceding two items, a person who is likely to feel pressure and the person's mental peace of mind is likely to be seriously harmed while testifying at the place where the judge and persons concerned in the case are present for the examination of the witness, due to the nature of the crime, the person's age, mental or physical condition or relationship with the accused, or other circumstances.
|
(2)In the examination of a witness, when a court finds it appropriate in the following cases, the court may, after hearing the opinions of the public prosecutor and the accused or the defense counsel, have the witness be present in the place provided in the Rules of Court located not in the same premises, and examine the witness by means that allows the recognition of each other's presence and communication through the transmission of images and sound:
|
|
一犯罪の性質、証人の年齢、心身の状態、被告人との関係その他の事情により、証人が同一構内に出頭するときは精神の平穏を著しく害されるおそれがあると認めるとき。
|
(i)when the court finds that the witness's peace of mind is likely to be seriously harmed if the witness appears in the same premises, due to the nature of the crime, the witness's age, mental or physical condition or relationship with the accused, or other circumstances;
|
二同一構内への出頭に伴う移動に際し、証人の身体若しくは財産に害を加え又は証人を畏怖させ若しくは困惑させる行為がなされるおそれがあると認めるとき。
|
(ii)when the court finds that the body or property of the witness is likely to be harmed or the witness may be threatened or confused while moving to a place in the same premises to appear there;
|
三同一構内への出頭後の移動に際し尾行その他の方法で証人の住居、勤務先その他その通常所在する場所が特定されることにより、証人若しくはその親族の身体若しくは財産に害を加え又はこれらの者を畏怖させ若しくは困惑させる行為がなされるおそれがあると認めるとき。
|
(iii)when the court finds that the body or property of the witness or the witness's relative is likely to be harmed or either of these persons is likely to be threatened or confused due to the identification of the witness's address, workplace and other ordinary whereabouts by following the witness or other means while the witness moves after appearing in the same premises; or
|
四証人が遠隔地に居住し、その年齢、職業、健康状態その他の事情により、同一構内に出頭することが著しく困難であると認めるとき。
|
(iv)when the court finds it extremely difficult that the witness appears in the same premises due to the witness's residence in a remote place, and his/her age, occupation, physical condition or other circumstances.
|
(3)In the examination of a witness using the means provided in the preceding two paragraphs (excluding the case of examination pursuant to the provisions of item (iv) of the preceding paragraph), when it is considered that the witness will be requested to testify on the same facts again in another criminal procedure thereafter, and the consent of the witness is obtained, the court may, after hearing the opinions of the public prosecutor and the accused or the defense counsel, record the examination and testimony of and the circumstances surrounding the witness on a recording medium (limited to that capable of recording images and sound simultaneously).
|
|
Article 158(1)The court may, after hearing the opinions of the public prosecutor and the accused or the defense counsel, and when the court deems it to be necessary, taking into account the importance of the witness, said witness's age, occupation, physical condition and other circumstances and the gravity of the factual background, summon a witness for examination to a place outside of the court or examine said person at said person's present location.
|
|
第十二章 鑑定
|
Chapter XII Expert Evidence
|
Article 168(1)Expert witnesses may, upon the permission of the court and when it is necessary for expert examination, enter a person's residence, or premises, building or vessel guarded by a person, or conduct inspections and examinations of persons, perform autopsies, excavate graves or break objects.
|
|
(2)The court must, when it gives permission as prescribed in the preceding paragraph, issue a written permit which contains the name of the accused, the crime, and the place to be entered, the body to be inspected and examined, the corpse to be autopsied, the grave to be excavated, the object to be destroyed and the name of the expert witness and other particulars provided for by the Rules of Court.
|
|
第十三章 通訳及び翻訳
|
Chapter XIII Interpretation and Translation
|
第十四章 証拠保全
|
Chapter XIV Preservation of Evidence
|
Article 179(1)The accused, suspect, or the defense counsel may request of a judge a disposition on a seizure, search, inspection, witness examination or expert examination, only before the first trial date, and when there are circumstances which suggest that it will be difficult to use the evidence unless it is preserved in advance.
|
|
Article 180(1)The public prosecutor and the defense counsel may inspect and copy the documents and articles of evidence pertaining to the dispositions prescribed in paragraph (1) of the preceding Article in court; provided however, that defense counsel must receive permission from the judge to copy the articles of evidence.
|
|
第十五章 訴訟費用
|
Chapter XV Court Costs
|
Article 183(1)If the accused has been acquitted or barred further prosecution in cases where prosecution arose from a criminal complaint, accusation or claim, and if there was intent or gross negligence on the part of the person filing the criminal complaint, accusation or claim, the court may have the person who filed said claim bear court costs.
|
|
第十六章 費用の補償
|
Chapter XVI Compensation of Costs
|
Article 188-2(1)When an acquittal becomes final and binding, the State compensates the person who was the accused in the case for the expenses which were needed for the trial; provided however, that the State may not be required to compensate expenses which arose from a cause imputable to the person who was the accused.
|
|
(2)When it is deemed that the person who was the accused made a false confession or fabricated other evidence of guilt for the purpose of misleading the investigation or the trial, which subsequently led to prosecution being instituted against said person, the State may not be required to compensate all or part of the expenses prescribed in the preceding paragraph.
|
|
Article 188-4When only a public prosecutor has filed an appeal and the appeal has been dismissed or withdrawn and the original judgment becomes final and binding, except when an acquittal becomes final and binding by a dismissal or withdrawal, the State compensates the accused or the person who was the accused in the case for the expenses caused by the appeal in the court of instance; provided however, that the State may not be required to compensate the accused or the person who was the accused for expenses which have arisen from a cause imputable to said person.
|
|
Article 188-6(1)The scope of the expenses to be compensated as prescribed in Article 188-2, paragraph (1) or Article 188-4 is limited to travel expenses, daily allowances and accommodation fees which were necessary for the accused or the person who was the accused or the person who was formerly the defense counsel to appear for trial preparation or the trial date and remuneration for the person who was the defense counsel, and with regard to said amounts, the provisions in the Act on Criminal Court Costs which pertain to a witness apply mutatis mutandis to the accused or the person who was the accused, and the provisions which pertain to the defense counsel apply mutatis mutandis to the person who was the defense counsel.
|
|
(2)When two or more defense counsels have appeared for the trial preparation or trial date, the court may, taking into account the nature of the case, the proceedings of the trial and other circumstances, limit the travel expenses, daily allowance and accommodation fees to be paid to the person who was the defense counsel as prescribed in the preceding paragraph, to expenses paid to the chief defense counsel and some of the other defense counsel.
|
|
第百八十八条の七補償の請求その他補償に関する手続、補償と他の法律による損害賠償との関係、補償を受ける権利の譲渡又は差押え及び被告人又は被告人であつた者の相続人に対する補償については、この法律に特別の定めがある場合のほか、刑事補償法(昭和二十五年法律第一号)第一条に規定する補償の例による。
|
Article 188-7Requests and other procedures concerning compensation, the correlation between compensation and compensation for damages provided for by other acts, the assignment or the civil seizure of the obligation-right of compensation; and compensation towards the heirs of the accused or the person who was the accused are governed by Article 1 of the Criminal Compensation Act (Act No. l, 1950), except as otherwise provided by this Code.
|
第二編 第一審
|
Part II First Instance
|
第一章 捜査
|
Chapter I Inquiry and Investigation
|
Article 193(1)A public prosecutor may, within said prosecutor's jurisdiction, give necessary general instructions to judicial police officials regarding their investigation. Such instructions are to be given by setting forth general standards for a fair investigation and other particulars necessary for prosecuting.
|
|
Article 194(1)The Prosecutor-General, Superintending Prosecutor of the High Public Prosecutors Office or Chief of the District Public Prosecutors Office may, if deeming it necessary when judicial police officials fail to follow the instructions and orders of public prosecutors without a justifiable reason, file charges for disciplinary action against them or for their removal, either with the National Public Safety Commission or Prefectural Public Safety Commission in the case of judicial police officials who are police officials, or with the person who has the authority of disciplinary action or removal where they are judicial police officials other than police officials.
|
|
(2)The National Public Safety Commission, the Prefectural Public Safety Commission, or the person who has the authority to file disciplinary action or remove judicial police officials other than police officials must, when it deems the charges given in the preceding paragraph to be well-founded, take disciplinary action against the persons charged or remove them, as prescribed by other acts.
|
|
Article 196A public prosecutor, public prosecutor's assistant officer, judicial police official, defense counsel and any other persons whose duties are related to the investigation are required to take due care not to harm the reputation of the suspect or other persons, and due care not to interfere with administration of the investigation.
|
|
3検察官、検察事務官又は司法警察員は、差押え又は記録命令付差押えをするため必要があるときは、電気通信を行うための設備を他人の通信の用に供する事業を営む者又は自己の業務のために不特定若しくは多数の者の通信を媒介することのできる電気通信を行うための設備を設置している者に対し、その業務上記録している電気通信の送信元、送信先、通信日時その他の通信履歴の電磁的記録のうち必要なものを特定し、三十日を超えない期間を定めて、これを消去しないよう、書面で求めることができる。この場合において、当該電磁的記録について差押え又は記録命令付差押えをする必要がないと認めるに至つたときは、当該求めを取り消さなければならない。
|
(3)When a public prosecutor, a public prosecutor's assistant officer or a judicial police officer finds it necessary to execute a seizure or seize records created under a record copying order, said person may specify the necessary electronic or magnetic records out of the electronic or magnetic records pertaining to the transmission source, the transmission destination, the date and time of the transmission and other transmission history of electronic communications which are recorded in the course of business, may determine a time period not exceeding 30 days, and may request in writing a person engaged in the business of providing facilities for conducting electronic communications for use in the communications of other persons or a person establishing facilities for conducting electronic communications capable of acting as an intermediary for the transmissions of many, unspecified persons for the purpose of said person's own business not to erase said history.In this case, if it is deemed no longer necessary to execute the seizure or seize records created under a record copying order with regard to said electronic or magnetic records, said person must revoke such request.
|
(4)The time period of which the request that the history not be erased pursuant to the provisions of the preceding paragraph applies may be extended within limits not exceeding 30 days when it is particularly necessary; provided however, that the total time period of which the request that the history not be erased applies may not exceed 60 days.
|
|
Article 198(1)A public prosecutor, public prosecutor's assistant officer or judicial police official may ask any suspect to appear in their offices and interrogate said person when it is necessary for the investigation of a crime; provided however, that the suspect may, except in cases where said person is under arrest or under detention, refuse to appear or after said person has appeared, may withdraw at any time.
|
|
第百九十九条検察官、検察事務官又は司法警察職員は、被疑者が罪を犯したことを疑うに足りる相当な理由があるときは、裁判官のあらかじめ発する逮捕状により、これを逮捕することができる。ただし、三十万円(刑法、暴力行為等処罰に関する法律及び経済関係罰則の整備に関する法律の罪以外の罪については、当分の間、二万円)以下の罰金、拘留又は科料に当たる罪については、被疑者が定まつた住居を有しない場合又は正当な理由がなく前条の規定による出頭の求めに応じない場合に限る。
|
Article 199(1)When there exists sufficient probable cause to suspect that an offense has been committed by a suspect, a public prosecutor, public prosecutor's assistant officer or judicial police official may arrest said person upon an arrest warrant being issued in advance by a judge; provided however, that with regard to offenses punishable with a fine of not more than 300,000 yen (20,000 yen for the time being for offenses other than those under the Penal Code, the Act on Punishment of Physical Violence and Others and the Act on Penal Provisions related to Economic Activities), penal detention or a petty fine, the suspect may only be arrested if the suspect has no fixed dwelling or if said suspect fails, without a justifiable reason, to make the appearance provided for in the preceding Article.
|
(2)If a judge deems that there exists sufficient probable cause to suspect that the suspect has committed an offense, said judge issues the arrest warrant set forth in the preceding paragraph, upon the request of a public prosecutor or a judicial police officer (in the case of a judicial police officer who is a police official, only a person designated by the National Public Safety Commission or the Prefectural Public Safety Commission and who ranks as equal to or above chief inspector; the same applies hereinafter in this Article); provided however, that this does not apply if the judge deems that it is clearly not necessary to arrest the suspect.
|
|
Article 200(1)Arrest warrants must contain the name and residence of the suspect, the charged offense, an outline of the alleged facts of the crime, the public office or other place where the suspect is to be brought, the period of validity and a statement that after expiry of the period of validity the arrest warrant may not be executed but must be returned, the date of issue, and other particulars as prescribed in the Rules of Court; and the judge must affix their name and seal to it.
|
|
Article 203(1)When a judicial police officer has arrested a suspect through an arrest warrant or has received a suspect who was arrested through an arrest warrant, said officer must immediately inform the suspect of the outline of the suspected crime and the fact that the suspect may appoint a defense counsel and then, giving the suspect an opportunity for explanation, said officer must immediately release the suspect when believing that it is not necessary to detain the suspect, or must carry out the procedure of referring the suspect together with the documents and articles of evidence to a public prosecutor within 48 hours of the suspect being placed under physical restraint when believing that it is necessary to detain the suspect.
|
|
(3)When informing a suspect that the suspect is entitled to appoint a defense counsel pursuant to the provisions of paragraph (1), the judicial police officer must inform the suspect that a suspect may make a request for appointment of a defense counsel specifying an attorney, a legal professional corporation or a bar association, and of the person to which the request must be made.
|
|
(4)When informing a suspect that the suspect is entitled to appoint a defense counsel pursuant to the provisions of paragraph (1), the judicial police officer must inform the suspect that, if a request for further detention of the suspect is made and the suspect is unable to personally appoint a defense counsel due to indigence or any other grounds, the suspect may request a judge to appoint a defense counsel; that when requesting the judge to appoint the defense counsel, the suspect must submit a report on personal financial resources; and that when the suspect's financial resources are equal to or above the base amount, the suspect must have first requested a bar association (meaning the bar association to which the request under Article 31-2, paragraph (1) is to be made pursuant to the provisions of Article 37-3, paragraph (2)) to appoint the defense counsel.
|
|
Article 204(1)When a public prosecutor has arrested a suspect through an arrest warrant or has received a suspect who was arrested upon an arrest warrant (excluding such suspect as is referred in accordance with the preceding Article), prosecutor must immediately inform the suspect of the outline of the suspected crime and the fact that the suspect may appoint defense counsel and then, giving the suspect an opportunity for explanation, said prosecutor must immediately release the suspect when believing that it is not necessary to detain the suspect, or must request a judge to detain the suspect within 48 hours of the suspect being placed under physical restraint when believing that it is necessary to detain the suspect; provided however, that if the public prosecutor has instituted prosecution during the time
|
|
(2)When informing a suspect that the suspect is entitled to appoint a defense counsel pursuant to the provisions of the preceding paragraph, the public prosecutor must inform the suspect that a suspect may make a request for appointment of a defense counsel specifying an attorney, a legal professional corporation or a bar association, and of the person to which the request must be made.
|
|
(3)When informing a suspect that the suspect is entitled to appoint a defense counsel pursuant to the provisions of paragraph (1), the public prosecutor must inform the suspect that, if a request for further detention of the suspect is made and the suspect is unable to personally appoint a defense counsel due to indigence or any other grounds, the suspect may request a judge to appoint a defense counsel; that when requesting the judge to appoint the defense counsel, the suspect must submit a report on personal financial resources; and that when the suspect's financial resources are equal to or above the base amount, the suspect must have first requested a bar association (meaning the bar association to which the request under Article 31-2, paragraph (1) is to be made pursuant to the provisions of Article 37-3, paragraph (2)) to appoint the defense counsel.
|
|
Article 205(1)When a public prosecutor receives a suspect referred pursuant to the provisions of Article 203, the public prosecutor must give the suspect an opportunity for explanation, and immediately release the suspect when considering that it is unnecessary to detain that suspect, or request a judge to detain the suspect within 24 hours from the receipt of the suspect when considering that it is necessary to detain that suspect.
|
|
(2)When informing a suspect whose detention has been requested of the alleged facts of the crime, the judge referred to in the preceding paragraph must notify the suspect that a suspect is entitled to appoint a defense counsel, and that when unable to personally appoint a defense counsel due to indigence or any other grounds, the suspect is entitled to request the court to appoint a defense counsel; provided, however, that this does not apply if a defense counsel has been appointed for the suspect.
|
|
(3)When informing a suspect that the suspect is entitled to appoint a defense counsel pursuant to the provisions of the preceding paragraph, the judge must inform the suspect that the suspect may make a request for appointment of a defense counsel specifying an attorney, a legal professional corporation or a bar association, and of the person to which the request must be made.
|
|
(4)When informing a suspect that the suspect is entitled to appoint a defense counsel pursuant to the provisions of paragraph (2), the judge must inform the suspect that the suspect must submit a report on personal financial resources when making a request for appointment of a defense counsel, and that when the suspect's financial resources are equal to or above the base amount, the suspect must have first requested a bar association (meaning the bar association to which the request under Article 31-2, paragraph (1) is to be made pursuant to the provisions of Article 37-3, paragraph (2)) to appoint the defense counsel.
|
|
(5)When a judge receives a request for detention under paragraph (1), the judge must promptly issue a detention warrant; provided, however, that when the judge finds that there are no grounds for detention or when it is unable to issue a detention warrant pursuant to the provisions of paragraph (2) of the preceding Article, the judge must immediately order the release of a suspect without issuing a detention warrant.
|
|
第二百八条の二裁判官は、刑法第二編第二章乃至第四章又は第八章の罪にあたる事件については、検察官の請求により、前条第二項の規定により延長された期間を更に延長することができる。この期間の延長は、通じて五日を超えることができない。
|
Article 208-2A judge may, upon the request of a public prosecutor, further extend the period extended pursuant to the provisions of paragraph (2) of the preceding Article with regard to cases involving crimes provided for in Part II, Chapters II to IV or VIII of the Penal Code. The total time period of such extensions must not exceed five days.
|
Article 210(1)When there are sufficient grounds to suspect the committing of an offense punishable by the death penalty, life imprisonment, life imprisonment without work, or imprisonment or imprisonment without work whose maximum term is three years or more, and in addition, because of urgency an arrest warrant from a judge cannot be obtained, public prosecutors, public prosecutor's assistant officers or judicial police officials may arrest the suspect after notifying the suspect of the reasons therefor. In this case, the procedures for obtaining an arrest warrant from a judge must be taken immediately. Where an arrest warrant is not issued, the suspect must be released immediately.
|
|
一犯人として追呼されているとき。
|
(i)a person being engaged in fresh pursuit;
|
二贓物又は明らかに犯罪の用に供したと思われる兇器その他の物を所持しているとき。
|
(ii)a person carrying property obtained through a property crime, or carrying a dangerous weapon or other things which are believed to have been used in the commission of a criminal act;
|
三身体又は被服に犯罪の顕著な証跡があるとき。
|
(iii)a person with visible traces of the offense on said person's body or clothing;
|
四誰何されて逃走しようとするとき。
|
(iv)A person who attempts to run away when challenged.
|
Article 214When any person other than public prosecutors, public prosecutor's assistant officers or judicial police officials has arrested an offender caught in the act, the arrester must immediately deliver said person to a public prosecutor of a district or local public prosecutor's office or to a judicial police official.
|
|
第二百十七条三十万円(刑法、暴力行為等処罰に関する法律及び経済関係罰則の整備に関する法律の罪以外の罪については、当分の間、二万円)以下の罰金、拘留又は科料に当たる罪の現行犯については、犯人の住居若しくは氏名が明らかでない場合又は犯人が逃亡するおそれがある場合に限り、第二百十三条から前条までの規定を適用する。
|
Article 217The provisions of Articles 213 to 216 apply only when the residence or name of the offender is unknown or when the offender poses a risk of flight with regard to an offender caught in the act punishable with a fine of not more than 300,000 yen (20,000 yen, for the time being for offenses other than those under the Penal Code, the Act on Punishment of Physical Violence and Others and the Act on Penal Provisions related to Economic Activities), penal detention or a petty fine.
|
Article 218(1)Public prosecutors, public prosecutor's assistant officers or judicial police officials may, when it is necessary for the investigation of an offense, conduct a search, seizure, seizure of records created under a record copying order, or inspection upon a warrant issued by a judge.In this case, the inspection and examination of a person must be conducted upon a warrant for physical examination.
|
|
(2)Where the article to be seized is a computer, and with regard to a recording medium connected via telecommunication lines to such computer, it may be reasonably supposed that such recording medium was used to retain electronic or magnetic records, which have been made or altered using such computer or electronic or magnetic records which may be altered or erased using such computer, the computer or other recording medium may be seized after such electronic or magnetic records have been copied onto such computer or other recording medium.
|
|
(3)When a suspect is placed under physical restraint, said suspect's fingerprints or a print of their feet may be taken, said suspect's height or weight may be measured and photographs of said suspect may be taken without the warrant set forth in the paragraph (1), only when said suspect is not stripped naked.
|
|
(5)When a public prosecutor, a public prosecutor's assistant officer or a judicial police officer requests a warrant for an inspection and examination of a person, said public prosecutor, public prosecutor's assistant officer or judicial police officer must indicate the reason for the necessity of the inspection and examination, the sex and physical condition of the person to be inspected and examined and other particulars as provided in the Rules of Court.
|
|
Article 219(1)The warrant set forth in the preceding Article must contain the name of the suspect or accused, the charged offense, the articles to be seized, the electronic or magnetic records to be recorded or to be printed out, the person who is to record them or print them out, or the place, body or articles to be searched, the place or articles to be inspected, or the person to be inspected and examined and conditions regarding the inspection and examination of a person, the period of validity, a statement to the effect that the search, seizure, seizure of records created under a record copying order, or inspection of evidence may not be commenced in any way after the lapse of such period and that in this case the warrant must be returned to the court, the date of issue, and other particulars as prescribed in the Rules of Court; and the judge must affix said judge's name and seal to it.
|
|
(2)In cases of paragraph (2) of the preceding Article, in addition to the particulars prescribed in the preceding paragraph, the warrant set forth in the preceding Article must contain the scope to be copied out of the electronic or magnetic records with regard to the recording medium connected via telecommunication lines to the computer which is to be seized.
|
|
Article 220(1)When public prosecutors, public prosecutor's assistant officers or judicial police officials arrests a suspect pursuant to the provisions of Article 199 or arrests an offender caught in the act, said person may, when it is necessary, take the following measures. The same applies, when it is necessary, to cases where the suspect is arrested pursuant to the provisions of Article 210:
|
|
一人の住居又は人の看守する邸宅、建造物若しくは船舶内に入り被疑者の捜索をすること。
|
(i)entry into the residence of another person, or the premises, buildings or vessels guarded by another person to search for a suspect;
|
二逮捕の現場で差押、捜索又は検証をすること。
|
(ii)search, seizure or inspection on the spot at the arrest of a suspect.
|
(4)The provisions of paragraph (1), item (ii) and the preceding paragraph apply mutatis mutandis to cases where a public prosecutor's assistant officer or a judicial police official executes a subpoena or detention warrant. The provisions of paragraph (1), item (i) also apply mutatis mutandis to cases where the subpoena or detention warrant issued against a suspect is executed.
|
|
第二百二十二条第九十九条第一項、第百条、第百二条から第百五条まで、第百十条から第百十二条まで、第百十四条、第百十五条及び第百十八条から第百二十四条までの規定は、検察官、検察事務官又は司法警察職員が第二百十八条、第二百二十条及び前条の規定によつてする押収又は捜索について、第百十条、第百十一条の二、第百十二条、第百十四条、第百十八条、第百二十九条、第百三十一条及び第百三十七条から第百四十条までの規定は、検察官、検察事務官又は司法警察職員が第二百十八条又は第二百二十条の規定によつてする検証についてこれを準用する。ただし、司法巡査は、第百二十二条から第百二十四条までに規定する処分をすることができない。
|
Article 222(1)The provisions of Article 99, paragraph (1), Article 100, Articles 102 through 105, Articles 110 through 112, Article 114, Article 115 and Articles 118 through 124 apply mutatis mutandis to a search and seizure conducted by a public prosecutor, public prosecutor's assistant officer or a judicial police official pursuant to the provisions of Article 218, Article 220 and the preceding Article, and the provisions of Article 110, Article 111-2, Article 112, Article 114, Article 118, Article 129, Article 131 and Articles 137 through 140 apply mutatis mutandis to the inspection conducted by a public prosecutor, public prosecutor's assistant officer or a judicial police official pursuant to the provisions of Article 218 or Article 220; provided however, that the dispositions prescribed in Articles 122 through 124 may not be executed by a judicial constable.
|
(4)Public prosecutors, public prosecutor's assistant officers or judicial police officials may not enter, before sunrise or after sunset, the residence of a person, or premises, buildings or vessel guarded by a person for the purpose of inspection pursuant to the provisions of Article 218, unless the warrant contains a written statement that inspection during the night is permitted; provided however, that this does not apply to the places prescribed in Article 117.
|
|
Article 223(1)Public prosecutors, public prosecutor's assistant officers or judicial police officials may ask any person other than a suspect to appear in their office, interrogate said person or request said person to be examined, translate or interpret if it is necessary for the investigation of a crime.
|
|
Article 224(1)When the measures prescribed in Article 167, paragraph (1) are necessary in cases where a request is made for an expert examination pursuant to the provisions of paragraph (1) of the preceding Article, public prosecutors, public prosecutor's assistant officers or judicial police officers must request a judge for the measures mentioned above.
|
|
Article 226Where a person who apparently possesses information essential to the investigation of a crime refuses to appear or make a statement voluntarily at the interrogation pursuant to the provisions of Article 223, paragraph (1), a public prosecutor may, only before the first trial date, request a judge to examine said person as a witness.
|
|
Article 227(1)When a person who has made a voluntary statement to a public prosecutor, a public prosecutor's assistant officer or a judicial police official pursuant to the provisions of Article 223, paragraph (1) is likely to make a statement on the trial date that differs from the previous statement, and the statement of the person is deemed essential in proving a fact constituting the crime, the public prosecutor may, only before the first trial date, request the judge to examine said person as a witness.
|
|
Article 229(1)If a person dies an unnatural death or the body of a person who is suspected to have died an unnatural death has been found, a public prosecutor of a district or local public prosecutor's office, which has jurisdiction over the place where the body was found, must perform a coroner's inspection.
|
|
Article 232Where the statutory representative of a victim is the suspect, the spouse of the suspect, a blood relative within the fourth degree of kinship or a relative by affinity within the third degree of kinship of the suspect, then a relative of the victim may file a criminal complaint independently.
|
|
第二百三十五条親告罪の告訴は、犯人を知つた日から六箇月を経過したときは、これをすることができない。ただし、刑法第二百三十二条第二項の規定により外国の代表者が行う告訴及び日本国に派遣された外国の使節に対する同法第二百三十条又は第二百三十一条の罪につきその使節が行う告訴については、この限りでない。
|
Article 235With regard to an offense prosecutable upon a criminal complaint, no criminal complaint may be made after the lapse of six months from the day on which the complainant knew the offender; provided, however, that this does not apply to a criminal complaint made by the representative of a foreign state pursuant to the provisions of Article 232, paragraph (2) of the Penal Code, or a criminal complaint made with regard to the crime under Article 230 or 231 of the same Code against a foreign mission sent to Japan by the mission.
|
Article 244A criminal complaint or withdrawal thereof made by the representative of a foreign country pursuant to the provisions of Article 232, paragraph (2) of the Penal Code may be filed with the Minister for Foreign Affairs notwithstanding the provisions of Article 241 and the preceding Article. The same applies to a criminal complaint or withdrawal thereof regarding an offense against a foreign mission sent to Japan as prescribed in Article 230 or 231 of the Penal Code, made by such mission.
|
|
Article 246Except as otherwise provided in this Code, a judicial police officer must, when said police officer has conducted the investigation of an offense, send the case together with the documents and articles of evidence to a public prosecutor promptly; provided however, that this does not apply to cases which have been specially designated by a public prosecutor.
|
|
第二章 公訴
|
Chapter II Prosecution
|
一無期の懲役又は禁錮に当たる罪については三十年
|
(i)30 years for crimes punishable with life imprisonment or life imprisonment without work;
|
二長期二十年の懲役又は禁錮に当たる罪については二十年
|
(ii)20 years for crimes punishable with imprisonment or imprisonment without work whose maximum term is 20 years;
|
三前二号に掲げる罪以外の罪については十年
|
(iii)10 years for crimes other than the crimes provided for in the preceding two items.
|
一死刑に当たる罪については二十五年
|
(i)25 years for offenses punishable by the death penalty;
|
二無期の懲役又は禁錮に当たる罪については十五年
|
(ii)15 years for offenses punishable with life imprisonment or life imprisonment without work;
|
三長期十五年以上の懲役又は禁錮に当たる罪については十年
|
(iii)10 years for offenses punishable with imprisonment or imprisonment without work whose maximum term is 15 years or more;
|
四長期十五年未満の懲役又は禁錮に当たる罪については七年
|
(iv)7 years for offenses punishable with imprisonment or imprisonment without work whose maximum term is less than 15 years;
|
五長期十年未満の懲役又は禁錮に当たる罪については五年
|
(v)5 years for offenses punishable with imprisonment or imprisonment without work whose maximum term is less than 10 years;
|
六長期五年未満の懲役若しくは禁錮又は罰金に当たる罪については三年
|
(vi)3 years for offenses punishable with imprisonment or imprisonment without work whose maximum term is less than 5 years or with a fine;
|
七拘留又は科料に当たる罪については一年
|
(vii)1 year for offenses punishable with penal detention or with a petty fine.
|
Article 252When a punishment is to be increased or reduced pursuant to the Penal Code, the provisions of Article 250 apply with reference to the punishment which has not been increased or reduced.
|
|
一被告人の氏名その他被告人を特定するに足りる事項
|
(i)the name of the accused and other particulars necessary to specify the accused;
|
二公訴事実
|
(ii)the charged facts;
|
三罪名
|
(iii)the charged offense.
|
(4)The charged offense must be described with applicable penal statutes; provided however, that errors in the enumeration of such statutes do not affect the validity of institution of prosecution as long as there is no fear that they may create any substantial disadvantage to the defense of the accused.
|
|
Article 258Where a public prosecutor considers that the case does not come within the jurisdiction of the court corresponding to the public prosecutor's office, such case must be sent to a public prosecutor of the public prosecutor's office corresponding to the competent court together with the documents and articles of evidence.
|
|
Article 260If a public prosecutor has instituted prosecution or made a disposition not to institute prosecution regarding a case with respect to which a criminal complaint, accusation or claim has been filed, the public prosecutor must notify the person who filed the criminal complaint, accusation or claim promptly. This also applies to cases where a public prosecutor has withdrawn the prosecution or has sent the case to a public prosecutor of another public prosecutor's office.
|
|
Article 261If a public prosecutor has made a disposition not to institute prosecution regarding a case with respect to which a criminal complaint, accusation or claim has been filed, the public prosecutor must promptly notify the reason for the disposition upon the request of the person who filed the criminal complaint, accusation or claim.
|
|
第二百六十二条刑法第百九十三条から第百九十六条まで又は破壊活動防止法(昭和二十七年法律第二百四十号)第四十五条若しくは無差別大量殺人行為を行った団体の規制に関する法律(平成十一年法律第百四十七号)第四十二条若しくは第四十三条の罪について告訴又は告発をした者は、検察官の公訴を提起しない処分に不服があるときは、その検察官所属の検察庁の所在地を管轄する地方裁判所に事件を裁判所の審判に付することを請求することができる。
|
Article 262(1)If a person who has filed a criminal complaint or accusation regarding an offense set forth in Articles 193 to 196 of the Penal Code, Article 45 of the Subversive Activities Prevention Act (Act No. 240 of 1952), or Article 42 or 43 of the Act on Regulation of Organizations Which Have Committed Indiscriminate Mass Murder (Act No. 147 of 1999) is dissatisfied with the disposition not to institute prosecution made by a public prosecutor, the complainant or accuser may request the district court which has jurisdiction over the location of the public prosecutor's office to which that public prosecutor belongs to commit the case to a court for trial.
|
一請求が法令上の方式に違反し、若しくは請求権の消滅後にされたものであるとき、又は請求が理由のないときは、請求を棄却する。
|
(i)where the claim has been made contrary to the form provided in laws and regulations, or has been made after loss of the right to the claim or is groundless, it is dismissed;
|
二請求が理由のあるときは、事件を管轄地方裁判所の審判に付する。
|
(ii)where the request is well-grounded, the case is committed to the competent district court for trial.
|
第二百六十七条の二裁判所は、第二百六十六条第二号の決定をした場合において、同一の事件について、検察審査会法(昭和二十三年法律第百四十七号)第二条第一項第一号に規定する審査を行う検察審査会又は同法第四十一条の六第一項の起訴議決をした検察審査会(同法第四十一条の九第一項の規定により公訴の提起及びその維持に当たる者が指定された後は、その者)があるときは、これに当該決定をした旨を通知しなければならない。
|
Article 267-2Where a court has rendered the decision set forth in Article 266, item (ii), notice to this effect must be given to the Committee for Inquest of Prosecution which is to conduct the inquest prescribed in Article 2, paragraph (1), item (i) of the Act on Committee for Inquest of Prosecution (Act No. 147 of 1948) or the Committee for Inquest of Prosecution which made the decision for institution of prosecution under Article 41-6, paragraph (1) of the same Act (after appointment of a person who is to be responsible for institution and maintenance of prosecution, to such person), where there exists such a committee.
|
(2)The attorney appointed as prescribed in the preceding paragraph exercises the same function as a public prosecutor in order to maintain the prosecution until the decision has become final and binding; provided however, that with regard to issuing orders to a public prosecutor's assistant officer or a judicial police official for investigation the appointed attorney must do so by commissioning a public prosecutor.
|
|
Article 269The court may, where the request set forth in Article 262, paragraph (1) is dismissed or withdrawn, order the person who made the request to compensate the whole or part of the costs arising from the procedures regarding the request on a ruling. An immediate appeal may be filed against such ruling.
|
|
第三章 公判
|
Chapter III Public Trials
|
第一節 公判準備及び公判手続
|
Section 1 Trial Preparation and Trial Proceedings
|
Article 272(1)The court must, when prosecution has been instituted, inform the accused without delay that the accused may appoint defense counsel and that when the accused is unable to personally appoint defense counsel because of indigence or other reasons, said accused may request the court to appoint defense counsel for said accused; provided however, that this does not apply when the accused already has defense counsel.
|
|
(2)The court must, when notifying the accused that said accused may appoint defense counsel pursuant to the preceding paragraph, inform the accused that said accused must submit a report on personal financial resources, and if the accused's Financial Resources are equal to or exceed the base amount, the accused must have first requested a bar association (the bar association to which the request under Article 31-2, paragraph (1) in accordance with Article 36-3, paragraph (1) is to be made) to appoint defense counsel except in cases where a defense counsel is required under this Code.
|
|
(3)If the public prosecutor or defense counsel, who is subject to an order pursuant to the provisions of the preceding two paragraphs, disobeys the order without a justifiable reason, the court may punish said person by making a ruling for a non-criminal fine of not more than 100,000 yen and order said person to compensate for the expenses incurred due to disobeying said order.
|
|
(5)If the court has rendered the ruling set forth in paragraph (3), it must notify the person with the authority to direct and supervise the public prosecutor with regard to such prosecutor and the bar association to which the attorney belongs or the Japan Federation of Bar Associations with regard to the attorney who is acting as defense counsel, and must request that appropriate measures be taken.
|
|
(2)If a suspect who has been arrested pursuant to Article 199 or 210, or has been arrested as an offender caught in the act and has not yet been detained is prosecuted during the time limitations prescribed in Articles 204 or 205, the judge must promptly notify the accused of the facts charged, hear the accused's statement and, unless issuing a detention warrant, must order release of the accused immediately.
|
|
Article 281-2When a court examines a witness on a day other than the trial date and finds that the witness feels pressure and is unable to give sufficient testimony in the presence of the accused (including cases when the measures provided in Article 157-5, paragraph (1) are taken or the means provided in Article 157-6, paragraph (1) or (2) is used), the court may have the accused leave the courtroom during the testimony of the witness, after hearing the opinions of the public prosecutor and the defense counsel, only when the defense counsel is present. In this case, after the witness has testified, the court must notify the accused of an outline of the testimony and give the accused an opportunity to examine the witness.
|
|
Article 281-3The defense counsel must appropriately keep safe custody of the copies of evidence (copies and materials which accurately record all or part of the evidence), which the public prosecutor has given the opportunity to inspect or copy for the preparation of the trial, and may not entrust custody to others without reason.
|
|
Article 281-4(1)The accused or the defense counsel (including the defense counsel provided for in Article 440) or those who were formerly in such position must not deliver, present or send by telecommunication lines to others copies and other materials which the public prosecutor has given the opportunity to inspect or copy for the preparation of the proceedings of a case charged to the court, unless for the intention of use in the following procedures or for the preparation thereof:
|
|
一当該被告事件の審理その他の当該被告事件に係る裁判のための審理
|
(i)proceedings of said case charged to the court or other proceedings for a trial related to said case charged to the court;
|
二当該被告事件に関する次に掲げる手続
|
(ii)the following procedures related to said case charged to the court:
|
イ第一編第十六章の規定による費用の補償の手続
|
(a)procedures for the compensation of expenses provided in Book I, Chapter XVI;
|
ロ第三百四十九条第一項の請求があつた場合の手続
|
(b)a hearing on the request of Article 349, paragraph (1);
|
ハ第三百五十条の請求があつた場合の手続
|
(c)procedures for the request of Article 350;
|
ニ上訴権回復の請求の手続
|
(d)procedures for request for recovery of the right of appeal;
|
ホ再審の請求の手続
|
(e)procedures for request for a retrial;
|
ヘ非常上告の手続
|
(f)procedures for an extraordinary appeal to the court of last resort;
|
ト第五百条第一項の申立ての手続
|
(g)procedures for the petition in Article 500, paragraph (1);
|
チ第五百二条の申立ての手続
|
(h)procedures for the filing of the objection in Article 502;
|
リ刑事補償法の規定による補償の請求の手続
|
(i)procedures for the request for compensation under the Criminal Compensation Act.
|
(2)When taking measures for violation of the provisions in the preceding paragraph, the court is to consider the contents of the copies and other materials, the intent and mode of the violation, whether or not the reputation of the related persons has been damaged, if the privacy or the affairs of the related persons have been violated, whether or not the copies and other materials have been examined on the trial date, the method of examination and any other related particulars taking into account the right to defense of the accused.
|
|
Article 281-5(1)An accused or a person who was formerly an accused, who delivers, presents or sends by telecommunication lines to others copies and other materials which the public prosecutor has given the opportunity to inspect or copy for a purpose other than for use in the procedures or trial preparations prescribed in the items of paragraph (1) of the preceding Article is punished by imprisonment for not more than a year or a fine of not more than 500,000 yen.
|
|
(2)The same applies when a defense counsel (including the defense counsel provided for in Article 440, hereinafter the same applies in this paragraph) or a person who was formerly a defense counsel delivers, presents or sends by telecommunication lines to others for the purpose of property profits or other profits, copies and other materials which the public prosecutor has given the opportunity to inspect or copy.
|
|
第二百八十四条五十万円(刑法、暴力行為等処罰に関する法律及び経済関係罰則の整備に関する法律の罪以外の罪については、当分の間、五万円)以下の罰金又は科料に当たる事件については、被告人は、公判期日に出頭することを要しない。ただし、被告人は、代理人を出頭させることができる。
|
Article 284The accused does not be required to appear on the trial date in cases which are punishable with a fine of no more than 500,000 yen (50,000 yen for the time being in cases other than violation of the Penal Code, the Act on Punishment of Physical Violence and Others and the Act on Penal Provisions related to Economic Activities) or with a petty fine; provided however, that the accused may have a representative appear on the trial date.
|
Article 285(1)The accused must appear on the trial date when judgment is to be pronounced for cases in which penal detention is applicable. The court may permit the accused not to appear on the other trial dates when the court deems that the attendance of the accused is not important for defense of the rights of the accused.
|
|
2長期3年以下の懲役若しくは禁錮又は五十万円(刑法、暴力行為等処罰に関する法律及び経済関係罰則の整備に関する法律の罪以外の罪については、当分の間、5万円)を超える罰金に当たる事件の被告人は、第二百九十一条の手続をする場合及び判決の宣告をする場合には、公判期日に出頭しなければならない。その他の場合には、前項後段の例による。
|
(2)The accused must appear on the trial date if said accused is liable for punishment of imprisonment or imprisonment without work whose maximum term is not more than three years, or a fine of more than 500,000 yen (50,000 yen for the time being in cases other than violation of the Penal Code, the Act on Punishment of Physical Violence and Others and the Act on Penal Provisions related to Economic Activities) during the proceedings prescribed in Article 291 and the sentencing. The other trial dates are to be governed by the second sentence of the preceding paragraph.
|
Article 286-2When the court cannot be convened without the appearance of the accused, and the accused, who is under detention has been summoned for the trial date but refuses to appear without a justifiable reason, and it is extremely difficult for the officials of the penal institution to bring the accused to the court, the court may commence the proceedings of the trial without the appearance of the accused.
|
|
Article 290-2(1)In handling the following cases, if a request is made by the victim or others of that case (meaning the victim or if the victim has died or suffers from a serious physical or mental disorder, the victim's spouse, a lineal relative, sibling; the same applies hereinafter), the legal representative of the victim or an attorney who has been entrusted by those persons and a court finds it appropriate after hearing the opinions of the accused or the defense counsel, the court may render a ruling to the effect that particulars identifying the victim (meaning the name and address of or other particulars which will identify the victim of that case; the same applies hereinafter) should not be disclosed in an open court:
|
|
一刑法第百七十六条から第百七十九条まで若しくは第百八十一条の罪、同法第二百二十五条若しくは第二百二十六条の二第三項の罪(わいせつ又は結婚の目的に係る部分に限る。以下この号において同じ。)、同法第二百二十七条第一項(第二百二十五条又は第二百二十六条の二第三項の罪を犯した者を幇助する目的に係る部分に限る。)若しくは第三項(わいせつの目的に係る部分に限る。)若しくは第二百四十一条第一項若しくは第三項の罪又はこれらの罪の未遂罪に係る事件
|
(i)cases involving the crimes or attempts of the crimes under Articles 176 through 179 or Article 181 of the Penal Code, Article 225 or Article 226-2, paragraph (3) of the same Code (limited to cases with the purpose of indecency or marriage; hereinafter the same applies in this item), or Article 227, paragraph (1) (limited to cases with the purpose of being an accessory to a person who commits the crime under Article 225 or Article 226-2, paragraph (3)) or paragraph (3) (limited to cases with the purpose of indecency) or Article 241, paragraph (1) or (3) of the same Code; or
|
二児童福祉法第六十条第一項の罪若しくは同法第三十四条第一項第九号に係る同法第六十条第二項の罪又は児童買春、児童ポルノに係る行為等の規制及び処罰並びに児童の保護等に関する法律第四条から第八条までの罪に係る事件
|
(ii)cases involving the crimes under Article 60, paragraph (1) of the Child Welfare Act, Article 60, paragraph (2) pertaining to Article 34, paragraph (1), item (ix) of the same Act, or Articles 4 through 8 of the Act on Regulation and Punishment of Acts Relating to Child Prostitution and Child Pornography, and Protection of Children.
|
三前二号に掲げる事件のほか、犯行の態様、被害の状況その他の事情により、被害者特定事項が公開の法廷で明らかにされることにより被害者等の名誉又は社会生活の平穏が著しく害されるおそれがあると認められる事件
|
(iii)in addition to the cases given in the preceding two items, cases where it is deemed that there is the risk that the reputation or the peaceful social life of the victim or others will be seriously harmed through particulars identifying the victim being disclosed in an open court in the form of the mode of the crime, the state of the damage, and due to other circumstances.
|
(3)In addition to the particulars prescribed in paragraph (1), in handling a case where the court finds a risk of physical or property harm, threat to or confusion of the victim or victim's relatives through disclosing in an open court the mode of the crime, the state of the damage, and due to other circumstances, when it finds it appropriate after hearing the opinions of the public prosecutor and the accused or the defense counsel, it may render a ruling to such effect that particulars identifying the victim not be disclosed in an open court.
|
|
(4)Where the court comes to find that it is inappropriate for particulars identifying the victim not to be disclosed in an open court with regard to a case where the ruling set forth in paragraph (1) or the preceding paragraph was rendered, that the case no longer comes under the cases given in paragraph (1), item (i) or item (ii) owing to the applicable penal statute being withdrawn or altered pursuant to the provisions of Article 312 or that the case no longer comes under the cases given in item (iii) of the same paragraph or the cases provided for in the preceding paragraph, it must rule to rescind the ruling set forth in paragraph (1) or the preceding paragraph.
|
|
Article 290-3(1)In the following cases, when a witness, an expert witness, an interpreter, a translator or a person who has made a statement in recorded statement documents (meaning written statements, statements recorded and taken down in writing with the signature or seal of the person making the statements, or recording media capable of recording images or sound on which statements have been recorded; the same applies hereinafter) (hereinafter referred to as the "witness or the like" in this paragraph) makes a request and a court finds it appropriate after hearing the opinions of the public prosecutor and the accused or the defense counsel, the court may render a ruling to the effect that particulars identifying the witness or the like (meaning the name and address of or other particulars which will identify the witness or the like; the same applies hereinafter) should not be disclosed in an open court:
|
|
一証人等特定事項が公開の法廷で明らかにされることにより証人等若しくはその親族の身体若しくは財産に害を加え又はこれらの者を畏怖させ若しくは困惑させる行為がなされるおそれがあると認めるとき。
|
(i)when the court finds that the body or property of the witness or the like or that person's relative is likely to be harmed or either of these persons is likely to be threatened or confused through the disclosure of particulars identifying the witness or the like in an open court; or
|
二前号に掲げる場合のほか、証人等特定事項が公開の法廷で明らかにされることにより証人等の名誉又は社会生活の平穏が著しく害されるおそれがあると認めるとき。
|
(ii)in addition to the case set forth in the preceding item, when the court finds that the reputation or peaceful social life of the witness or the like is likely to be seriously harmed through the disclosure of particular identifying the witness or the like in an open court.
|
(2)When a court comes to find that it is inappropriate for particulars identifying the witness or the like not to be disclosed in an open court with regard to a case where a ruling has been rendered under the preceding paragraph, the court must render a ruling to revoke the ruling rendered under the same paragraph.
|
|
(2)When a ruling is rendered under Article 290-2, paragraph (1) or paragraph (3), a public prosecutor shall read a charging sheet aloud under the preceding paragraph by a method whereby particulars identifying the victim are not disclosed.In this case, the public prosecutor must show the charging sheet to the accused.
|
|
(3)The preceding paragraph also applies to the reading of a charging sheet under paragraph (1), when a ruling is rendered under paragraph (1) of the preceding Article.In this case, the term "particulars identifying the victim" in the same paragraph is replaced with "particulars identifying the witness or the like."
|
|
(4)After a charging sheet has been read aloud, the presiding judge must notify the accused that the accused may remain silent at all times or refuse to answer individual questions, and of other necessary matters provided in the Rules of Court to protect the rights of the accused, and then give the accused and the defense counsel an opportunity to make a statement concerning the case under public prosecution.
|
|
Article 291-2When the accused enters a guilty plea for a charging sheet during the proceedings under paragraph (4) of the preceding Article, a court may, upon hearing the opinions of the public prosecutor, the accused and the defense counsel, render a ruling to try the case by a summary criminal trial only with regard to the counts for which the accused enters a guilty plea; provided, however, that this does not apply to cases punishable by the death penalty, life imprisonment with or without work, or imprisonment with or without work whose minimum term is not less than one year.
|
|
(5)The presiding judge may place restrictions on statements of opinion by the victim or others, or the legal representative of such victim or questions to be asked by persons concerned in the case to the victim or others, or legal representatives of such victim which overlap with previous statements or questions, or which are irrelevant to the case, or are otherwise inappropriate.
|
|
Article 295(1)The presiding judge may limit any questions or statements by persons concerned in the case when their questions or statements overlap with previous questions or statements, are irrelevant to the case, or are otherwise inappropriate, insofar as this does not violate the essential rights of those persons. The same applies when the accused is questioned by persons concerned in the case.
|
|
2裁判長は、証人、鑑定人、通訳人又は翻訳人を尋問する場合において、証人、鑑定人、通訳人若しくは翻訳人若しくはこれらの親族の身体若しくは財産に害を加え又はこれらの者を畏怖させ若しくは困惑させる行為がなされるおそれがあり、これらの者の住居、勤務先その他その通常所在する場所が特定される事項が明らかにされたならば証人、鑑定人、通訳人又は翻訳人が十分な供述をすることができないと認めるときは、当該事項についての尋問を制限することができる。ただし、検察官のする尋問を制限することにより犯罪の証明に重大な支障を生ずるおそれがあるとき、又は被告人若しくは弁護人のする尋問を制限することにより被告人の防御に実質的な不利益を生ずるおそれがあるときは、この限りでない。
|
(2)When examining a witness, an expert witness, an interpreter or a translator, if the presiding judge finds that there is a risk that the body or property of these persons or their relatives may be harmed, threatened or confused and that the witness, expert witness, interpreter or translator will not be able to give full testimony if said person's address or work place or other particulars specifying the ordinary whereabouts of these persons are disclosed, the presiding judge may limit the questions concerning these particulars; provided however, that this does not apply when limitations on the public prosecutor's examination may interfere considerably with proving the case, or when limitations on the examination by the accused or the defense counsel may substantially harm the defense of the accused.
|
(3)The presiding judge may limit any questions or statements, if the ruling set forth under Article 290-2, paragraph (1) or paragraph (3) has been rendered, and the questions or statements by persons concerned in the case lead to particulars identifying the victim except in cases where placing restrictions may interfere considerably with proving the case or may substantially harm the defense of the accused. The same applies when the accused is questioned by persons concerned in the case.
|
|
(4)The preceding paragraph also applies to questions or statements made by persons concerned in the case, or an act of persons concerned in the case seeking a statement from the accused, in the case where a ruling under Article 290-3, paragraph (1) has been rendered.In this case, the term "particulars identifying the victim" in the same paragraph is replaced with "particulars identifying the witness or the like."
|
|
(5)If the public prosecutor or attorney acting as a defense counsel, who is subject to an order pursuant to the provisions of the preceding paragraphs, disobeys the order, a court may notify the person with authority to direct and supervise that public prosecutor or the bar association to which that attorney belongs or the Japan Federation of Bar Associations, and request that appropriate measures be taken.
|
|
Article 296At the beginning of the examination of evidence, the public prosecutor must state the facts that said prosecutor intends to prove through evidence; provided however, that said prosecutor may not make any statements from which prejudice or a preconception of the case is likely to arise based on materials which are not qualified for evidence or which are not intended to be requested for examination in the court.
|
|
Article 299(1)When requesting examination of a witness, expert witness, interpreter or translator, the public prosecutor, the accused or the defense counsel must give the opponent an opportunity to learn of the name and address of that person in advance. When requesting examination of documentary or material evidence, the public prosecutor, the accused or the counsel of the accused must give the opponent an opportunity to inspect the evidence in advance; provided however, that this does not apply when the opponent has no objection.
|
|
第二百九十九条の二検察官又は弁護人は、前条第一項の規定により証人、鑑定人、通訳人若しくは翻訳人の氏名及び住居を知る機会を与え又は証拠書類若しくは証拠物を閲覧する機会を与えるに当たり、証人、鑑定人、通訳人若しくは翻訳人若しくは証拠書類若しくは証拠物にその氏名が記載され若しくは記録されている者若しくはこれらの親族の身体若しくは財産に害を加え又はこれらの者を畏怖させ若しくは困惑させる行為がなされるおそれがあると認めるときは、相手方に対し、その旨を告げ、これらの者の住居、勤務先その他その通常所在する場所が特定される事項が、犯罪の証明若しくは犯罪の捜査又は被告人の防御に関し必要がある場合を除き、関係者(被告人を含む。)に知られないようにすることその他これらの者の安全が脅かされることがないように配慮することを求めることができる。
|
Article 299-2In giving an opportunity to learn of the name and address of a witness, an expert witness, an interpreter or a translator or to inspect documentary evidence or an article of evidence pursuant to the provisions of paragraph (1) of the preceding Article, when a public prosecutor or a defense counsel finds that the body or property of the witness, expert witness, interpreter, translator or that whose name is included or recorded in the documentary evidence or article of evidence, or that person's relative is likely to be harmed, or any of these persons is likely to be threatened or confused, the public prosecutor or defense counsel may notify the opponent to that effect, and request that special care be taken so that particulars that may identify the address, workplace and other ordinary whereabouts of that person are not known by persons concerned (including the accused) and the safety of that person is not otherwise threatened, unless those particulars are necessary for the proof or investigation of the crime, or the defense of the accused.
|
第二百九十九条の三検察官は、第二百九十九条第一項の規定により証人の氏名及び住居を知る機会を与え又は証拠書類若しくは証拠物を閲覧する機会を与えるに当たり、被害者特定事項が明らかにされることにより、被害者等の名誉若しくは社会生活の平穏が著しく害されるおそれがあると認めるとき、又は被害者若しくはその親族の身体若しくは財産に害を加え若しくはこれらの者を畏怖させ若しくは困惑させる行為がなされるおそれがあると認めるときは、弁護人に対し、その旨を告げ、被害者特定事項が、被告人の防御に関し必要がある場合を除き、被告人その他の者に知られないようにすることを求めることができる。ただし、被告人に知られないようにすることを求めることについては、被害者特定事項のうち起訴状に記載された事項以外のものに限る。
|
Article 299-3When providing the opportunity to learn of the name and address of a witness, or the opportunity to inspect documentary or material evidence, pursuant to the provisions of Article 299, paragraph (1), if it is deemed that there is the risk that the reputation or the peaceful social life of the victim or others will be seriously harmed or the risk of physical or property harm, threat or confusion to the victim or victim's relatives through particulars identifying the victim being disclosed, the public prosecutor may notify the defense counsel to such effect and request that such particulars not be disclosed to the accused or other persons involved in the case, unless the particulars identifying the victim are necessary for the defense of the accused; provided however, that when requesting that the particulars not be disclosed to the accused, of the particulars identifying the victim, these particulars are limited to those other than the particulars given in the charging sheet.
|
第二百九十九条の四検察官は、第二百九十九条第一項の規定により証人、鑑定人、通訳人又は翻訳人の氏名及び住居を知る機会を与えるべき場合において、その者若しくはその親族の身体若しくは財産に害を加え又はこれらの者を畏怖させ若しくは困惑させる行為がなされるおそれがあると認めるときは、弁護人に対し、当該氏名及び住居を知る機会を与えた上で、当該氏名又は住居を被告人に知らせてはならない旨の条件を付し、又は被告人に知らせる時期若しくは方法を指定することができる。ただし、その証人、鑑定人、通訳人又は翻訳人の供述の証明力の判断に資するような被告人その他の関係者との利害関係の有無を確かめることができなくなるときその他の被告人の防御に実質的な不利益を生ずるおそれがあるときは、この限りでない。
|
Article 299-4(1)When a public prosecutor is to give an opportunity to learn of the name and address of a witness, an expert witness, an interpreter or a translator pursuant to the provisions of Article 299, paragraph (1), and finds that the body or property of the person or the person's relative is likely to be harmed or either of these persons is likely to be threatened or confused, the public prosecutor may, after giving the accused's defense counsel the opportunity to learn of the person's name and address, set a condition that the defense counsel must not notify the accused of that name or address, or designate the time or method of notification to the accused; provided, however, that this does not apply when the condition or designation makes impossible to confirm whether or not the witness, expert witness, interpreter or translator has an interest in the accused or other persons concerned, which may contribute to the determination of the probative value of that person's statement, or otherwise is likely to substantially harm the defense of the accused.
|
2検察官は、前項本文の場合において、同項本文の規定による措置によつては同項本文に規定する行為を防止できないおそれがあると認めるとき(被告人に弁護人がないときを含む。)は、その証人、鑑定人、通訳人又は翻訳人の供述の証明力の判断に資するような被告人その他の関係者との利害関係の有無を確かめることができなくなる場合その他の被告人の防御に実質的な不利益を生ずるおそれがある場合を除き、被告人及び弁護人に対し、その証人、鑑定人、通訳人又は翻訳人の氏名又は住居を知る機会を与えないことができる。この場合において、被告人又は弁護人に対し、氏名にあつてはこれに代わる呼称を、住居にあつてはこれに代わる連絡先を知る機会を与えなければならない。
|
(2)In the case of the main clause of the preceding paragraph, when a public prosecutor finds that it is likely impossible to prevent the acts provided in the main clause of the same paragraph by the measures taken pursuant to the provisions of the main clause of the same paragraph (including the case when there is no defense counsel for the accused), the public prosecutor does not have to give the accused and the defense counsel an opportunity to learn of the name or address of a witness, an expert witness, an interpreter or a translator, unless this makes impossible to confirm whether or not the witness, expert witness, interpreter or translator has an interest in the accused or other persons concerned, which may contribute to the determination of the probative value of that person's statement, or otherwise is likely to substantially harm the defense of the accused.In this case, the public prosecutor must give the accused or the defense counsel an opportunity to learn of a pseudonym in lieu of the name, or a contact address in lieu of the address.
|
3検察官は、第二百九十九条第一項の規定により証拠書類又は証拠物を閲覧する機会を与えるべき場合において、証拠書類若しくは証拠物に氏名若しくは住居が記載され若しくは記録されている者であつて検察官が証人、鑑定人、通訳人若しくは翻訳人として尋問を請求するもの若しくは供述録取書等の供述者(以下この項及び次項において「検察官請求証人等」という。)若しくは検察官請求証人等の親族の身体若しくは財産に害を加え又はこれらの者を畏怖させ若しくは困惑させる行為がなされるおそれがあると認めるときは、弁護人に対し、証拠書類又は証拠物を閲覧する機会を与えた上で、その検察官請求証人等の氏名又は住居を被告人に知らせてはならない旨の条件を付し、又は被告人に知らせる時期若しくは方法を指定することができる。ただし、その検察官請求証人等の供述の証明力の判断に資するような被告人その他の関係者との利害関係の有無を確かめることができなくなるときその他の被告人の防御に実質的な不利益を生ずるおそれがあるときは、この限りでない。
|
(3)When a public prosecutor is to give an opportunity to inspect documentary evidence or an article of evidence pursuant to the provisions of Article 299, paragraph (1), and finds that the body or property of that whose name or address is included or recorded in the documentary evidence or article of evidence, and whose examination as a witness, an expert witness, an interpreter or a translator is to be requested by the public prosecutor, or a person who has made a statement in recorded statement documents (hereinafter referred to as the "witness or the like requested by the public prosecutor" in this and the following paragraph) or a relative of the witness or the like requested by the public prosecutor is likely to be harmed, or either of these persons is likely to be threatened or confused, the public prosecutor may, after giving the accused's defense counsel the opportunity to inspect the documentary evidence or article of evidence, set a condition that the defense counsel must not notify the accused of the name or address of that witness or the like requested by the public prosecutor, or designate the time or method of notification to the accused; provided, however, that this does not apply when the condition or designation makes impossible to confirm whether or not that witness or the like requested by the public prosecutor has an interest in the accused or other persons concerned, which may contribute to the determination of the probative value of that person's statement, or otherwise is likely to substantially harm the defense of the accused.
|
4検察官は、前項本文の場合において、同項本文の規定による措置によつては同項本文に規定する行為を防止できないおそれがあると認めるとき(被告人に弁護人がないときを含む。)は、その検察官請求証人等の供述の証明力の判断に資するような被告人その他の関係者との利害関係の有無を確かめることができなくなる場合その他の被告人の防御に実質的な不利益を生ずるおそれがある場合を除き、被告人及び弁護人に対し、証拠書類又は証拠物のうちその検察官請求証人等の氏名又は住居が記載され又は記録されている部分について閲覧する機会を与えないことができる。この場合において、被告人又は弁護人に対し、氏名にあつてはこれに代わる呼称を、住居にあつてはこれに代わる連絡先を知る機会を与えなければならない。
|
(4)In the case of the main clause of the preceding paragraph, when a public prosecutor finds that it is likely impossible to prevent the acts provided in the main clause of the same paragraph by the measures taken pursuant to the provisions of the main clause of the same paragraph (including the case when there is no defense counsel for the accused), the public prosecutor does not have to give the accused and the defense counsel an opportunity to inspect the part of documentary evidence or an article of evidence, in which the name or address of that witness or the like requested by the public prosecutor is included or recorded, unless this makes impossible to confirm whether or not that witness or the like requested by the public prosecutor has an interest in the accused or other persons concerned, which may contribute to the determination of the probative value of that person's statement, or otherwise is likely to substantially harm the defense of the accused.In this case, the public prosecutor must give the accused or the defense counsel an opportunity to learn of a pseudonym in lieu of the name, or a contact address in lieu of the address.
|
Article 299-5(1)After a public prosecutor has taken measures pursuant to the provisions of paragraphs (1) through (4) of the preceding Article, if a court finds that the case falls under one of the following items, the court must render a ruling to revoke all or part of the measures upon request from the accused or the defense counsel:
|
|
一当該措置に係る者若しくはその親族の身体若しくは財産に害を加え又はこれらの者を畏怖させ若しくは困惑させる行為がなされるおそれがないとき。
|
(i)when there is no likelihood that the body or property of any person pertaining to those measures or the person's relative be harmed, or either of these persons be threatened or confused;
|
二当該措置により、当該措置に係る者の供述の証明力の判断に資するような被告人その他の関係者との利害関係の有無を確かめることができなくなるときその他の被告人の防御に実質的な不利益を生ずるおそれがあるとき。
|
(ii)when those measures make impossible to confirm whether or not any person involved in the measures has an interest in the accused or other persons concerned, which may contribute to the determination of the probative value of that person's statement, or otherwise is likely to substantially harm the defense of the accused; or
|
三検察官のとつた措置が前条第二項又は第四項の規定によるものである場合において、同条第一項本文又は第三項本文の規定による措置によつて第一号に規定する行為を防止できるとき。
|
(iii)when the measures taken by the public prosecutor are those taken pursuant to the provisions of paragraph (2) or (4) of the preceding Article, and it is possible to prevent the acts provided in item (i) by the measures taken pursuant to the provisions of the main clause of paragraph (1) or (3) of the preceding Article.
|
(2)When a court revokes all or part of the measures taken by a public prosecutor as finding that it falls under the case of item (ii) or (iii) of the preceding paragraph, and finds that the acts provided in item (i) of the same paragraph may be committed, the court may set a condition that the name or address of any person pertaining to those measures must not be notified to the accused, or designate the time or method of notification to the accused; provided, however, that this does not apply when the condition or the designation of the time or method makes impossible to confirm whether or not the person pertaining to those measures has an interest in the accused or other persons concerned, which may contribute to the determination of the probative value of that person's statement, or otherwise is likely to substantially harm the defense of the accused.
|
|
第二百九十九条の六裁判所は、検察官がとつた第二百九十九条の四第一項若しくは第三項の規定による措置に係る者若しくは裁判所がとつた前条第二項の規定による措置に係る者若しくはこれらの親族の身体若しくは財産に害を加え又はこれらの者を畏怖させ若しくは困惑させる行為がなされるおそれがあると認める場合において、検察官及び弁護人の意見を聴き、相当と認めるときは、弁護人が第四十条第一項の規定により訴訟に関する書類又は証拠物を閲覧し又は謄写するに当たり、これらに記載され又は記録されている当該措置に係る者の氏名又は住居を被告人に知らせてはならない旨の条件を付し、又は被告人に知らせる時期若しくは方法を指定することができる。ただし、当該措置に係る者の供述の証明力の判断に資するような被告人その他の関係者との利害関係の有無を確かめることができなくなるときその他の被告人の防御に実質的な不利益を生ずるおそれがあるときは、この限りでない。
|
Article 299-6(1)If a court finds that the body or property of any person pertaining to the measures taken by a public prosecutor pursuant to the provisions of Article 299-4, paragraph (1) or (3) or those taken by the court pursuant to the provisions of paragraph (2) of the preceding Article, or the person's relative is likely to be harmed, or either of these persons is likely to be threatened or confused, and also finds it appropriate after hearing the opinions of the public prosecutor and the accused's defense counsel, the court may set a condition that the defense counsel must not notify the accused of the name or address of the person pertaining to those measures, which is included or recorded in documents or articles of evidence relating to the trial, or designate the time or method of notification to the accused, when the defense counsel inspects or copies these documents or articles pursuant to the provisions of Article 40, paragraph (1); provided, however, that this does not apply when the condition or designation makes impossible to confirm whether or not the person pertaining to those measures has an interest in the accused or other persons concerned, which may contribute to the determination of the probative value of that person's statement, or otherwise is likely to substantially harm the defense of the accused.
|
2裁判所は、検察官がとつた第二百九十九条の四第二項若しくは第四項の規定による措置に係る者若しくはその親族の身体若しくは財産に害を加え又はこれらの者を畏怖させ若しくは困惑させる行為がなされるおそれがあると認める場合において、検察官及び弁護人の意見を聴き、相当と認めるときは、弁護人が第四十条第一項の規定により訴訟に関する書類又は証拠物を閲覧し又は謄写するについて、これらのうち当該措置に係る者の氏名若しくは住居が記載され若しくは記録されている部分の閲覧若しくは謄写を禁じ、又は当該氏名若しくは住居を被告人に知らせてはならない旨の条件を付し、若しくは被告人に知らせる時期若しくは方法を指定することができる。ただし、当該措置に係る者の供述の証明力の判断に資するような被告人その他の関係者との利害関係の有無を確かめることができなくなるときその他の被告人の防御に実質的な不利益を生ずるおそれがあるときは、この限りでない。
|
(2)If a court finds that the body or property of any person pertaining to the measures taken by a public prosecutor pursuant to the provisions of Article 299-4, paragraph (2) or (4) or the person's relative is likely to be harmed, or either of these persons is likely to be threatened or confused, and also finds it appropriate after hearing the opinions of the public prosecutor and the accused's defense counsel, the court may, when the defense counsel inspects or copies documents or articles of evidence relating to the trial pursuant to the provisions of Article 40, paragraph (1), prohibit the defense counsel from inspecting or copying the part of these documents or articles, in which the name or address of the person pertaining to those measures is included or recorded, or set a condition that the defense counsel must not notify the accused of that name or address or designate the time or method of notification to the accused; provided, however, that this does not apply when the prohibition, condition or designation makes impossible to confirm whether or not the person pertaining to those measures has an interest in the accused or other persons concerned, which may contribute to the determination of the probative value of that person's statement, or otherwise is likely to substantially harm the defense of the accused.
|
3裁判所は、検察官がとつた第二百九十九条の四第一項から第四項までの規定による措置に係る者若しくは裁判所がとつた前条第二項の規定による措置に係る者若しくはこれらの親族の身体若しくは財産に害を加え又はこれらの者を畏怖させ若しくは困惑させる行為がなされるおそれがあると認める場合において、検察官及び被告人の意見を聴き、相当と認めるときは、被告人が第四十九条の規定により公判調書を閲覧し又はその朗読を求めるについて、このうち当該措置に係る者の氏名若しくは住居が記載され若しくは記録されている部分の閲覧を禁じ、又は当該部分の朗読の求めを拒むことができる。ただし、当該措置に係る者の供述の証明力の判断に資するような被告人その他の関係者との利害関係の有無を確かめることができなくなるときその他の被告人の防御に実質的な不利益を生ずるおそれがあるときは、この限りでない。
|
(3)If a court finds that the body or property of any person pertaining to the measures taken by a public prosecutor pursuant to the provisions of Article 299-4, paragraphs (1) through (4) or those taken by the court pursuant to the provisions of paragraph (2) of the preceding Article, or the person's relative is likely to be harmed, or either of these persons is likely to be threatened or confused, and also finds it appropriate after hearing the opinions of the public prosecutor and the accused, the court may, when the accused inspects the trial records or requests the trial records to be read aloud pursuant to the provisions of Article 49, prohibit the accused from inspecting the part of these records, in which the name or address of the person pertaining to those measures is included or recorded, or refuse the request for reading of that part; provided, however, that this does not apply when the prohibition or refusal makes impossible to confirm whether or not the person pertaining to those measures has an interest in the accused or other persons concerned, which may contribute to the determination of the probative value of that person's statement, or otherwise is likely to substantially harm the defense of the accused.
|
Article 299-7(1)If a defense counsel violates the condition or fails to obey the time or method designated pursuant to the provisions of Article 299-4, paragraph (1) or (3), a public prosecutor may, when the defense counsel is an attorney, notify the bar association to which the attorney belongs or the Japan Federation of Bar Associations, and request that appropriate measures be taken.
|
|
(2)If a defense counsel violates the condition or fails to obey the time or method designated pursuant to the provisions of Article 299-5, paragraph (2), or paragraph (1) or (2) of the preceding Article, a court may, when the defense counsel is an attorney, notify the bar association to which the attorney belongs or the Japan Federation of Bar Associations, and request that appropriate measures be taken.
|
|
第三百一条の二次に掲げる事件については、検察官は、第三百二十二条第一項の規定により証拠とすることができる書面であつて、当該事件についての第百九十八条第一項の規定による取調べ(逮捕又は勾留されている被疑者の取調べに限る。第三項において同じ。)又は第二百三条第一項、第二百四条第一項若しくは第二百五条第一項(第二百十一条及び第二百十六条においてこれらの規定を準用する場合を含む。第三項において同じ。)の弁解の機会に際して作成され、かつ、被告人に不利益な事実の承認を内容とするものの取調べを請求した場合において、被告人又は弁護人が、その取調べの請求に関し、その承認が任意にされたものでない疑いがあることを理由として異議を述べたときは、その承認が任意にされたものであることを証明するため、当該書面が作成された取調べ又は弁解の機会の開始から終了に至るまでの間における被告人の供述及びその状況を第四項の規定により記録した記録媒体の取調べを請求しなければならない。ただし、同項各号のいずれかに該当することにより同項の規定による記録が行われなかつたことその他やむを得ない事情によつて当該記録媒体が存在しないときは、この限りでない。
|
Article 301-2(1)With regard to the following cases, when a public prosecutor requests the examination of a document that may be used as evidence pursuant to the provisions of Article 322, paragraph (1), has been prepared in conducting an interrogation pursuant to the provisions of Article 198, paragraph (1) (limited to the interrogation of the suspect under arrest or detention; the same applies in paragraph (3)) or giving an opportunity for explanation under the provisions of paragraph (1) of Article 203, 204 or 205 (including cases when these provisions are applied mutatis mutandis pursuant to the provisions of Articles 211 and 216; the same applies in paragraph (3)) with regard to that case and contains a confession of a fact disadvantageous to the accused, and the accused or the defense counsel raises an objection relating to the request for the examination on the grounds that the confession is suspected of not being made voluntarily, the public prosecutor must request the examination of the recording medium, on which statements made by the accused during the period from the commencement of the interrogation or opportunity for explanation in which that document has been prepared to completion thereof and the circumstances are recorded pursuant to the provisions of paragraph (4), to prove that the confession is voluntarily made; provided, however, that this does not apply when there is no recording medium due to absence of recording under the same paragraph as the case falling under one of items of the same paragraph, or other unavoidable circumstances:
|
一死刑又は無期の懲役若しくは禁錮に当たる罪に係る事件
|
(i)a case involving a crime punishable by the death penalty or life imprisonment with or without work;
|
二短期一年以上の有期の懲役又は禁錮に当たる罪であつて故意の犯罪行為により被害者を死亡させたものに係る事件
|
(ii)a case involving a crime punishable by imprisonment with or without work whose minimum term is not less than one year and causing death to the victim through an intentional criminal act; or
|
三司法警察員が送致し又は送付した事件以外の事件(前二号に掲げるものを除く。)
|
(iii)any case other than cases referred or sent by judicial police officers (excluding those set forth in the preceding two items).
|
(3)The provisions of the preceding two paragraphs apply mutatis mutandis when the accused or the defense counsel raises an objection with regard to the case set forth in one of items of paragraph (1) against the use as evidence of the statement that has been made by any person other than the accused, which may be used as evidence pursuant to the provisions of Article 322, paragraph (1) as applied mutatis mutandis pursuant to Article 324, paragraph (1), and contains any statement made by the accused in the interrogation with regard to that case pursuant to the provisions of Article 198, paragraph (1) or in the opportunity for explanation under paragraph (1) of Article 203, 204 or 205 (limited to that containing a confession of a fact disadvantageous to the accused), on the grounds that the confession is suspected of not being made voluntarily.
|
|
4検察官又は検察事務官は、第一項各号に掲げる事件(同項第三号に掲げる事件のうち、関連する事件が送致され又は送付されているものであつて、司法警察員が現に捜査していることその他の事情に照らして司法警察員が送致し又は送付することが見込まれるものを除く。)について、逮捕若しくは勾留されている被疑者を第百九十八条第一項の規定により取り調べるとき又は被疑者に対し第二百四条第一項若しくは第二百五条第一項(第二百十一条及び第二百十六条においてこれらの規定を準用する場合を含む。)の規定により弁解の機会を与えるときは、次の各号のいずれかに該当する場合を除き、被疑者の供述及びその状況を録音及び録画を同時に行う方法により記録媒体に記録しておかなければならない。司法警察職員が、第一項第一号又は第二号に掲げる事件について、逮捕若しくは勾留されている被疑者を第百九十八条第一項の規定により取り調べるとき又は被疑者に対し第二百三条第一項(第二百十一条及び第二百十六条において準用する場合を含む。)の規定により弁解の機会を与えるときも、同様とする。
|
(4)When a public prosecutor or a public prosecutor's assistant officer interrogates a suspect under arrest or detention pursuant to the provisions of Article 198, paragraph (1) with regard to the case set forth in one of items of paragraph (1) (excluding the case set forth in item (iii) of the same paragraph, a related case to which has been referred or sent and which is expected to be referred or sent by a judicial police officer in light of the actual investigation conducted by the judicial police officer and other circumstances), or gives the suspect an opportunity for explanation pursuant to the provisions of paragraph (1) of Article 204 or 205 (including cases when these provisions are applied mutatis mutandis pursuant to Articles 211 and 216), the public prosecutor or public prosecutor's assistant officer must record statements made by the suspect and the circumstances on a recording medium by a method of recording sound and images simultaneously, except in a case falling under one of the following items; the same applies when a judicial police official interrogates a suspect under arrest or detention pursuant to the provisions of Article 198, paragraph (1) or gives the suspect an opportunity for explanation pursuant to the provisions of Article 203, paragraph (1) (including cases when these provisions are applied mutatis mutandis pursuant to Articles 211 and 216) with regard to the case set forth in paragraph (1), item (i) or (ii):
|
一記録に必要な機器の故障その他のやむを得ない事情により、記録をすることができないとき。
|
(i)when it is unable to record due to malfunction of the equipment necessary for recording or other unavoidable circumstances;
|
二被疑者が記録を拒んだことその他の被疑者の言動により、記録をしたならば被疑者が十分な供述をすることができないと認めるとき。
|
(ii)when it is found that the suspect may not make a sufficient statement if it is recorded due to the suspect's refusal of recording and other behavior of the suspect;
|
三当該事件が暴力団員による不当な行為の防止等に関する法律(平成三年法律第七十七号)第三条の規定により都道府県公安委員会の指定を受けた暴力団の構成員による犯罪に係るものであると認めるとき。
|
(iii)when it is found that the case is related to any crime committed by a member of an organized crime group designated by a Prefectural Public Safety Commission pursuant to the provisions of Article 3 of the Act on Prevention of Unjust Acts by Organized Crime Group Members (Act No. 77 of 1991); or
|
四前二号に掲げるもののほか、犯罪の性質、関係者の言動、被疑者がその構成員である団体の性格その他の事情に照らし、被疑者の供述及びその状況が明らかにされた場合には被疑者若しくはその親族の身体若しくは財産に害を加え又はこれらの者を畏怖させ若しくは困惑させる行為がなされるおそれがあることにより、記録をしたならば被疑者が十分な供述をすることができないと認めるとき。
|
(iv)in addition to those set forth in the preceding two items, in light of the nature of the crime, behavior of persons concerned, character of the group of which the suspect is a member and other circumstances, when it is found that the suspect may not make a sufficient statement if it is recorded due to the likelihood that the body or property of the suspect or the suspect's relative may be harmed or either of these persons may be threatened or confused should the statement made by the suspect and the circumstances be disclosed.
|
(2)The public prosecutor, the accused or the defense counsel, by notifying the presiding judge, examine the witness, expert witness, interpreter or translator after the examination prescribed in the preceding paragraph.In this case, when the examination of the witness, expert witness, interpreter or translator pertains to the request of the public prosecutor, the accused or the defense counsel, the one who made the request examines them first.
|
|
Article 304-2When a court examines a witness and finds that the witness feels pressure and is unable to give sufficient testimony in the presence of the accused (including cases when the measures provided in Article 157-5, paragraph (1) or the means provided in Article 157-6, paragraph (1) or (2) are taken), the court may have the accused leave the courtroom during the testimony of the witness, after hearing the opinions of the public prosecutor and the defense counsel, only when the defense counsel is present. In this case, after the witness has testified, the court must have the accused enter the courtroom, notify the accused of an outline of the testimony and give the accused an opportunity to examine the witness.
|
|
Article 305(1)When a court examines documentary evidence upon request from a public prosecutor, the accused or the defense counsel, the presiding judge must order the person who has made the request to read the documents aloud; provided, however, that the presiding judge may personally read them aloud, or have an associate judge or a court clerk do so.
|
|
(4)The preceding paragraph also applies to the reading of documentary evidence pursuant to the provisions of paragraph (1) or (2), when a ruling is rendered under Article 290-3, paragraph (1).In this case, the term "particulars identifying the victim" in the same paragraph is replaced with "particulars identifying the witness or the like."
|
|
(5)In the examination of a written statement, part of which contains a recording medium, pursuant to the provisions of Article 157-6, paragraph (4), the recording medium shall be played in lieu of reading aloud pursuant to the provisions of paragraph (1) or (2); provided, however, that the presiding judge may, when finding it appropriate after hearing the opinions of a public prosecutor and the accused or the defense counsel, order the person who has requested the examination of that written statement, an associate judge or a court clerk to state, or personally state the content of the statement recorded in the written statement, in lieu of playing that recording medium.
|
|
(6)When a court plays the recording medium provided in Article 157-6, paragraph (4) pursuant to the provisions of the preceding paragraph and finds it necessary, the court may take the measures provided in Article 157-5, after hearing the opinions of a public prosecutor and the accused or the defense counsel.
|
|
Article 306(1)When examining material evidence upon the request of the public prosecutor, the accused or the defense counsel, the presiding judge must order the person who has made that request to display it; provided however, that the presiding judge may personally display the evidence, or order an associate judge or court clerk to do so.
|
|
(4)The court must, when it deems the addition or alteration in the count or the applicable penal statute may cause substantial disadvantage to the defense of the accused, rule to suspend the trial for a period necessary for the accused to prepare for a sufficient defense, upon the request of the accused or the defense counsel.
|
|
Article 314(1)When the accused is in a state of insanity, the proceedings must be suspended while the accused is in such state, after hearing the opinions of the public prosecutor and the defense counsel; provided however, that when the court clearly finds that the accused is not guilty or should be barred further persecution, or that the case should be dismissed by reason of absolute discharge or dismissal of prosecution, the court may immediately render these judgments without the appearance of the accused.
|
|
(2)When the accused is unable to appear at the trial due to illness, the proceedings must, upon hearing the opinions of the public prosecutor and the defense counsel, be ruled to be suspended until it becomes possible for the accused to appear; provided however, that this does not apply when a representative appears pursuant to the provisions of Articles 284 and 285.
|
|
第二節 争点及び証拠の整理手続
|
Section 2 Proceedings for Arranging Issues and Evidence
|
第一款 公判前整理手続
|
Subsection 1 Pretrial Arrangement Proceedings
|
第一目 通則
|
Division 1 General Rules
|
Article 316-2(1)When a court deems it necessary to conduct productive proceedings of a trial consecutively, systematically and speedily, the court may, upon request from a public prosecutor, the accused or the defense counsel or ex officio, render a ruling to order that the case be subject to a pretrial arrangement proceeding as trial preparation for arrangement of the issues and evidence of the case prior to the first trial date.
|
|
一訴因又は罰条を明確にさせること。
|
(i)clarification of the counts or applicable penal statutes;
|
二訴因又は罰条の追加、撤回又は変更を許すこと。
|
(ii)permission for addition, withdrawal or alteration of the counts or applicable penal statutes;
|
三公判期日においてすることを予定している主張を明らかにさせて事件の争点を整理すること。
|
(iii)arrangement of the issues of the case by having the allegation, which is planned to be given on the trial date, disclosed;
|
四証拠調べの請求をさせること。
|
(iv)having a request for examination of evidence made;
|
五前号の請求に係る証拠について、その立証趣旨、尋問事項等を明らかにさせること。
|
(v)disclosure of the facts to be proved, the particulars to be examined and other particulars relating to the evidence requested pursuant to the provisions of the preceding item;
|
六証拠調べの請求に関する意見(証拠書類について第三百二十六条の同意をするかどうかの意見を含む。)を確かめること。
|
(vi)confirmation of the opinion concerning the request for examination of evidence (including whether or not to give the consent prescribed in Article 326 for the documentary evidence);
|
七証拠調べをする決定又は証拠調べの請求を却下する決定をすること。
|
(vii)rendering of a ruling to examine the evidence or dismiss the request for examination of evidence;
|
八証拠調べをする決定をした証拠について、その取調べの順序及び方法を定めること。
|
(viii)decision on the order and method of examining the evidence for which a ruling for examination has been made;
|
九証拠調べに関する異議の申立てに対して決定をすること。
|
(ix)rendering of a ruling on the filing of an objection against the examination of evidence;
|
十第三目の定めるところにより証拠開示に関する裁定をすること。
|
(x)rendering of a ruling on the disclosure of evidence pursuant to the provisions of division 3;
|
十一第三百十六条の三十三第一項の規定による被告事件の手続への参加の申出に対する決定又は当該決定を取り消す決定をすること。
|
(xi)rendering of a ruling on a request to participate in the proceedings of the case pursuant to the provisions of Article 316-33, paragraph (1), or a ruling to revoke such ruling;
|
十二公判期日を定め、又は変更することその他公判手続の進行上必要な事項を定めること。
|
(xii)setting or changing of the trial dates and a decision on other necessary particulars for the proceedings of the trial.
|
(3)The presiding judge may change the date of the pretrial arrangement proceeding upon the request of the public prosecutor, the accused or the defense counsel or ex officio.In this case, the presiding judge must hear the opinions of the public prosecutor and the accused or the defense counsel in advance pursuant to the Rules of Court.
|
|
Article 316-10When the court deems it necessary to confirm the intention of the accused for a statement given by the defense counsel or a document to be submitted by the defense counsel, the court may, on the date of the pretrial arrangement proceeding, ask the accused questions and have the defense counsel submit a document which is signed jointly by the accused.
|
|
第二目 争点及び証拠の整理
|
Division 2 Arrangement of Issues and Evidence
|
Article 316-13(1)When a case is put into a pretrial arrangement proceeding, the public prosecutor must submit documents in which facts planned to be proven are described ("facts planned to be proven" means the facts which are planned to be proven by evidence on the trial date; the same applies hereinafter) to the court and must also send them to the accused or the defense counsel.In this case, the public prosecutor may not describe any item from which prejudice or a preconception of the case is likely to arise based on materials which are not qualified for evidence or which are not intended to be requested for examination in court, described in the documents.
|
|
Article 316-14(1)A public prosecutor must promptly disclose the evidence the prosecutor has requested to examine pursuant to the provisions of paragraph (2) of the preceding Article (hereinafter referred to as "evidence for examination requested by the public prosecutor") to the accused or the defense counsel by the means provided in the following items according to each category set forth in each item:
|
|
一証拠書類又は証拠物 当該証拠書類又は証拠物を閲覧する機会(弁護人に対しては、閲覧し、かつ、謄写する機会)を与えること。
|
(i)in the case of documentary evidence or an article of evidence, an opportunity is given to inspect (for the defense counsel, to inspect and copy) the documentary evidence or article of evidence; or
|
二証人、鑑定人、通訳人又は翻訳人 その氏名及び住居を知る機会を与え、かつ、その者の供述録取書等のうち、その者が公判期日において供述すると思料する内容が明らかになるもの(当該供述録取書等が存在しないとき、又はこれを閲覧させることが相当でないと認めるときにあつては、その者が公判期日において供述すると思料する内容の要旨を記載した書面)を閲覧する機会(弁護人に対しては、閲覧し、かつ、謄写する機会)を与えること。
|
(ii)in the case of a witness, an expert witness, an interpreter or a translator, an opportunity is given to learn of the person's name and address and to inspect (for the defense counsel, to inspect and copy) the person's recorded statement documents, which reveal the content of that the person is considered to state on the trial date (when there are no recorded statement documents, or those documents are found inappropriate to be inspected, documents that include an outline of the content of that the person is considered to state on the trial date).
|
一証拠物 品名及び数量
|
(i)in the case of an article of evidence, the name and quantity;
|
二供述を録取した書面で供述者の署名又は押印のあるもの 当該書面の標目、作成の年月日及び供述者の氏名
|
(ii)in the case of a statement recorded and taken down in writing with the signature or seal of the person making the statement, the title of the document, the date of preparation, and the name of the person making the statement; or
|
三証拠書類(前号に掲げるものを除く。) 当該証拠書類の標目、作成の年月日及び作成者の氏名
|
(iii)in the case of documentary evidence (excluding that set forth in the preceding item), the title of the documentary evidence, the date of preparation, and the name of the person preparing the documentary evidence.
|
(4)Notwithstanding the provisions of the preceding paragraph, a public prosecutor may not be required to include any matter otherwise to be included in the list referred to in paragraph (2) pursuant to the provisions of the preceding paragraph, which is found to be likely to cause any of the following risks if it is included in the list:
|
|
一人の身体若しくは財産に害を加え又は人を畏怖させ若しくは困惑させる行為がなされるおそれ
|
(i)risk that the body or property of any person may be harmed or the person may be threatened or confused;
|
二人の名誉又は社会生活の平穏が著しく害されるおそれ
|
(ii)risk that the reputation or peaceful social life of any person may be seriously harmed; or
|
三犯罪の証明又は犯罪の捜査に支障を生ずるおそれ
|
(iii)risk that the proof or investigation of the crime may be interfered.
|
(5)When a public prosecutor comes to hold new evidence after the delivery of the list pursuant to the provisions of paragraph (2), the public prosecutor must promptly deliver to the accused or the defense counsel a list of the new evidence the public prosecutor comes to hold.In this case, the provisions of the preceding two paragraphs apply mutatis mutandis.
|
|
第三百十六条の十五検察官は、前条第一項の規定による開示をした証拠以外の証拠であつて、次の各号に掲げる証拠の類型のいずれかに該当し、かつ、特定の検察官請求証拠の証明力を判断するために重要であると認められるものについて、被告人又は弁護人から開示の請求があつた場合において、その重要性の程度その他の被告人の防御の準備のために当該開示をすることの必要性の程度並びに当該開示によつて生じるおそれのある弊害の内容及び程度を考慮し、相当と認めるときは、速やかに、同項第一号に定める方法による開示をしなければならない。この場合において、検察官は、必要と認めるときは、開示の時期若しくは方法を指定し、又は条件を付することができる。
|
Article 316-15(1)With regard to evidence other than that disclosed pursuant to the provisions of paragraph (1) of the preceding Article, which falls under one of the categories of evidence set forth in the following items and is found to be important to determine the probative value of particular evidence for examination requested by the public prosecutor, a public prosecutor must, upon request for disclosure from the accused or the defense counsel, promptly disclose it by the means provided in item (i) of the same paragraph when finding it appropriate taking into account the extent of the importance and other necessities of disclosure for preparation of the defense of the accused, and the content and extent of possible harmful effects of disclosure; in this case, the public prosecutor may, when finding it necessary, designate the time or means of or set a condition for the disclosure:
|
一証拠物
|
(i)articles of evidence;
|
二第三百二十一条第二項に規定する裁判所又は裁判官の検証の結果を記載した書面
|
(ii)documents describing the results of an inspection by a court or a judge as provided in Article 321, paragraph (2);
|
三第三百二十一条第三項に規定する書面又はこれに準ずる書面
|
(iii)documents provided in Article 321, paragraph (3) or equivalent documents;
|
四第三百二十一条第四項に規定する書面又はこれに準ずる書面
|
(iv)documents provided in Article 321, paragraph (4) or equivalent documents;
|
五次に掲げる者の供述録取書等
|
(v)recorded statement documents of:
|
イ検察官が証人として尋問を請求した者
|
(a)any person the public prosecutor has requested to examine as a witness; or
|
ロ検察官が取調べを請求した供述録取書等の供述者であつて、当該供述録取書等が第三百二十六条の同意がされない場合には、検察官が証人として尋問を請求することを予定しているもの
|
(b)any person who has made a statement in the recorded statement documents which the public prosecutor has requested to examine, and whom the public prosecutor plans to request to examine as a witness if consent referred to in Article 326 is not given with regard to those recorded statement documents;
|
六前号に掲げるもののほか、被告人以外の者の供述録取書等であつて、検察官が特定の検察官請求証拠により直接証明しようとする事実の有無に関する供述を内容とするもの
|
(vi)in addition to those set forth in the preceding item, the recorded statement documents of any person other than the accused, which contain a statement relating to the existence of a fact the public prosecutor plans to prove directly from particular evidence for examination requested by the public prosecutor;
|
七被告人の供述録取書等
|
(vii)recorded statement documents of the accused;
|
八取調べ状況の記録に関する準則に基づき、検察官、検察事務官又は司法警察職員が職務上作成することを義務付けられている書面であつて、身体の拘束を受けている者の取調べに関し、その年月日、時間、場所その他の取調べの状況を記録したもの(被告人又はその共犯として身体を拘束され若しくは公訴を提起された者であつて第五号イ若しくはロに掲げるものに係るものに限る。)
|
(viii)documents which public prosecutors, public prosecutor's assistant officers or judicial police officials are obliged to prepare in the course of duties under the rules relating to interrogation records, in which the date, time, place and other circumstances of the interrogation of a person under physical restraint are recorded (limited to those concerning the accused, or a person set forth in item (v), (a) or (b) who is under physical restraint or for whom prosecution has been instituted as an accomplice of the accused); or
|
九検察官請求証拠である証拠物の押収手続記録書面(押収手続の記録に関する準則に基づき、検察官、検察事務官又は司法警察職員が職務上作成することを義務付けられている書面であつて、証拠物の押収に関し、その押収者、押収の年月日、押収場所その他の押収の状況を記録したものをいう。次項及び第三項第二号イにおいて同じ。)
|
(ix)recorded seizure procedure documents (meaning documents which public prosecutors, public prosecutor's assistant officers or judicial police officials are obliged to prepare in the course of duties under the rules relating to seizure procedure records, in which the person who seized, the date, place and other circumstances of the seizure of articles of evidence are recorded; the same applies in the following paragraph and paragraph (3), item (ii), (a)) of articles of evidence which is evidence for examination requested by the public prosecutor.
|
(2)The preceding paragraph also applies when the accused or the defense counsel requests disclosure of recorded seizure procedure documents of articles of evidence which is to be disclosed pursuant to the provisions of the same paragraph (excluding those that have been disclosed pursuant to the provisions of paragraph (1) of the preceding Article or the preceding paragraph), and it is found appropriate taking into account the extent of the necessity of disclosure to determine the probative value of particular evidence for examination requested by the public prosecutor using those articles of evidence, and the content and extent of possible harmful effects of disclosure.
|
|
一第一項の開示の請求 次に掲げる事項
|
(i)in the case of a request for disclosure under paragraph (1), the following matters:
|
イ第一項各号に掲げる証拠の類型及び開示の請求に係る証拠を識別するに足りる事項
|
(a)a category of evidence set forth in each item of paragraph (1), and sufficient particulars to identify the evidence requested to be disclosed; and
|
ロ事案の内容、特定の検察官請求証拠に対応する証明予定事実、開示の請求に係る証拠と当該検察官請求証拠との関係その他の事情に照らし、当該開示の請求に係る証拠が当該検察官請求証拠の証明力を判断するために重要であることその他の被告人の防御の準備のために当該開示が必要である理由
|
(b)the importance of the evidence requested to be disclosed to determine the probative value of particular evidence for examination requested by the public prosecutor and other reasons for which disclosure is necessary for preparation of the defense of the accused in light of the content of the case concerned, facts planned to be proven by particular evidence for examination requested by the public prosecutor, the connection between the evidence requested to be disclosed and the particular evidence for examination requested by the public prosecutor, and other circumstances; or
|
二前項の開示の請求 次に掲げる事項
|
(ii)in the case of a request for disclosure under the preceding paragraph, the following matters:
|
イ開示の請求に係る押収手続記録書面を識別するに足りる事項
|
(a)sufficient particulars to identify the recorded seizure procedure documents requested to be disclosed; and
|
ロ第一項の規定による開示をすべき証拠物と特定の検察官請求証拠との関係その他の事情に照らし、当該証拠物により当該検察官請求証拠の証明力を判断するために当該開示が必要である理由
|
(b)the reason for which disclosure is necessary to determine the probative value of particular evidence for examination requested by the public prosecutor using articles of evidence to be disclosed pursuant to the provisions of paragraph (1), in light of the connection between those articles of evidence and the particular evidence for examination requested by the public prosecutor, and other circumstances.
|
Article 316-16(1)When the accused or the defense counsel receives the documents under the provisions of Article 316-13, paragraph (1), and evidence to be disclosed pursuant to the provisions of Article 316-14, paragraph (1) and paragraphs (1) and (2) of the preceding Article is disclosed, the accused or the defense counsel must, with regard to evidence for examination requested by the public prosecutor, clearly indicate their opinion on whether said person will consent pursuant to the provisions of Article 326 or whether said person has no objection relating to the request of examination.
|
|
Article 316-17(1)When the accused or the defense counsel receives the documents under Article 316-13, paragraph (1), and evidence to be disclosed pursuant to the provisions of Article 316-14, paragraph (1) and Article 316-15, paragraphs (1) and (2) is disclosed, the accused or the defense counsel must reveal to the court and the public prosecutor the facts planned to be proven and other factual or legal allegations planned to be put forth on the trial date, if any.In this case, the provisions of the second sentence of Article 316-13, paragraph (1) apply mutatis mutandis.
|
|
一証拠書類又は証拠物 当該証拠書類又は証拠物を閲覧し、かつ、謄写する機会を与えること。
|
(i)in the case of documentary evidence or articles of evidence, an opportunity is given to inspect and copy the documentary evidence or the articles of evidence;
|
二証人、鑑定人、通訳人又は翻訳人 その氏名及び住居を知る機会を与え、かつ、その者の供述録取書等のうち、その者が公判期日において供述すると思料する内容が明らかになるもの(当該供述録取書等が存在しないとき、又はこれを閲覧させることが相当でないと認めるときにあつては、その者が公判期日において供述すると思料する内容の要旨を記載した書面)を閲覧し、かつ、謄写する機会を与えること。
|
(ii)in the case of a witness, expert witness, interpreter or translator, an opportunity is given to learn of their names and addresses and to inspect and copy their recorded statement documents which reveal the content of that which they are supposed to state on the trial date (documents which contain an outline of the content that they are supposed to state on the trial date when there are no such recorded statement documents or when such materials are deemed inappropriate for inspection).
|
Article 316-19(1)If the public prosecutor is disclosed evidence which should be disclosed pursuant to the provisions of the preceding Article, with regard to the evidence for examination requested by the accused or the defense counsel pursuant to the provisions of Article 316-17, paragraph (2), the public prosecutor must clearly indicate their opinion on whether said prosecutor will consent pursuant to the provisions of Article 326 or whether said prosecutor has no objection relating to the request for examination.
|
|
第三百十六条の二十検察官は、第三百十六条の十四第一項並びに第三百十六条の十五第一項及び第二項の規定による開示をした証拠以外の証拠であつて、第三百十六条の十七第一項の主張に関連すると認められるものについて、被告人又は弁護人から開示の請求があつた場合において、その関連性の程度その他の被告人の防御の準備のために当該開示をすることの必要性の程度並びに当該開示によつて生じるおそれのある弊害の内容及び程度を考慮し、相当と認めるときは、速やかに、第三百十六条の十四第一項第一号に定める方法による開示をしなければならない。この場合において、検察官は、必要と認めるときは、開示の時期若しくは方法を指定し、又は条件を付することができる。
|
Article 316-20(1)With regard to evidence other than that disclosed pursuant to the provisions of Article 316-14, paragraph (1) and Article 316-15, paragraphs (1) and (2), which is found to be relevant to allegations referred to in Article 316-17, paragraph (1), a public prosecutor must, upon request for disclosure from the accused or the defense counsel, promptly disclose it by the means provided in Article 316-14, paragraph (1), item (i) when finding it appropriate taking into account the extent of the relevance and other necessities of disclosure for preparation of the defense of the accused, and the content and extent of possible harmful effects of disclosure.In this case, the public prosecutor may, when finding it necessary, designate the time or means of or set a condition for the disclosure.
|
一開示の請求に係る証拠を識別するに足りる事項
|
(i)sufficient particulars to identify the evidence requested to be disclosed;
|
二第三百十六条の十七第一項の主張と開示の請求に係る証拠との関連性その他の被告人の防御の準備のために当該開示が必要である理由
|
(ii)relevance between the allegations referred to in Article 316-17, paragraph (1) and the evidence requested to be disclosed, and other reasons for which disclosure is necessary for preparation of the defense of the accused.
|
Article 316-21(1)When a public prosecutor finds it necessary to add or alter facts planned to be proven after the proceedings provided in Article 316-13 through the preceding Article (excluding Article 316-14, paragraph (5)) have been completed, the public prosecutor must promptly submit to the court and send to the accused or the defense counsel a document describing the facts planned to be proven which are to be added or altered.In this case, the provisions of the second paragraph of Article 316-13, paragraph (1) apply mutatis mutandis.
|
|
(2)When a public prosecutor finds it necessary to add a request for examination of evidence to be used to prove facts planned to be proven, the prosecutor must promptly make a request for examination of the evidence to be added.In this case, the provisions of Article 316-13, paragraph (3) apply mutatis mutandis.
|
|
Article 316-22(1)When the accused or the defense counsel finds it necessary to add or modify allegations referred to in Article 316-17, paragraph (1) after the proceedings provided in Articles 316-13 through 316-20 (excluding Article 316-14, paragraph (5)) have been completed, that accused or defense counsel must promptly reveal the allegations to be added or modified to the court and the public prosecutor.In this case, the provisions of the second sentence of Article 316-13, paragraph (1) apply mutatis mutandis.
|
|
(2)When the accused or the defense counsel deems it necessary to add a request for examination of evidence which will be used to prove facts planned to be proven, said person must promptly request examination of the evidence to be added.In this case, the provisions of Article 316-13, paragraph (3) apply mutatis mutandis.
|
|
第三目 証拠開示に関する裁定
|
Division 3 Ruling Relating to the Disclosure of Evidence
|
Article 316-25(1)When a court finds it necessary taking into account the extent of the necessity of disclosure of evidence, the content and extent of the possible harmful effects of disclosure and other circumstances, the court may render a ruling to designate the time or means of or set a condition for the disclosure of the evidence to be disclosed pursuant to the provisions of Article 316-14, paragraph (1) (including cases when these provisions are applied mutatis mutandis pursuant to Article 316-21, paragraph (4)) upon request from a public prosecutor, or the evidence to be disclosed pursuant to the provisions of Article 316-18 (including cases when these provisions are applied mutatis mutandis pursuant to Article 316-22, paragraph (4)) upon request from the accused or the defense counsel.
|
|
第三百十六条の二十六裁判所は、検察官が第三百十六条の十四第一項若しくは第三百十六条の十五第一項若しくは第二項(第三百十六条の二十一第四項においてこれらの規定を準用する場合を含む。)若しくは第三百十六条の二十第一項(第三百十六条の二十二第五項において準用する場合を含む。)の規定による開示をすべき証拠を開示していないと認めるとき、又は被告人若しくは弁護人が第三百十六条の十八(第三百十六条の二十二第四項において準用する場合を含む。)の規定による開示をすべき証拠を開示していないと認めるときは、相手方の請求により、決定で、当該証拠の開示を命じなければならない。この場合において、裁判所は、開示の時期若しくは方法を指定し、又は条件を付することができる。
|
Article 316-26(1)When a court finds that a public prosecutor has not disclosed the evidence to be disclosed pursuant to the provisions of Article 316-14, paragraph (1) or Article 316-15, paragraph (1) or (2) (including cases when these provisions are applied mutatis mutandis pursuant to Article 316-21, paragraph (4)) or Article 316-20, paragraph (1) (including cases when these provisions are applied mutatis mutandis pursuant to Article 316-22, paragraph (5)), or the accused or the defense counsel has not disclosed the evidence to be disclosed pursuant to the provisions of Article 316-18 (including cases when these provisions are applied mutatis mutandis pursuant to Article 316-22, paragraph (4)), the court may, upon request from the opponent, render a ruling to order the disclosure of that evidence.In this case, the court may designate the time or means of or set a condition for the disclosure.
|
Article 316-27(1)If the court deems it necessary in making a ruling for the request prescribed in Article 316-25, paragraph (1) or paragraph (1) of the preceding Article, it may order the public prosecutor, the accused or the defense counsel to present the evidence which is requested.In this case, the court may not let anyone inspect or copy the evidence.
|
|
(2)If the court deems it necessary in making a ruling for the request made by the accused or the defense counsel prescribed in paragraph (1) of the preceding Article, it may order the public prosecutor to present a list of the evidence that said prosecutor holds which falls within the range specified by the court.In this case, the court may not let anyone inspect or copy the list.
|
|
(3)The provisions of paragraph (1) apply mutatis mutandis to the court where the immediate appeal prescribed in the provisions of Article 316-25, paragraph (3) or paragraph (3) of the preceding Article is pending and the provisions of the preceding paragraph apply mutatis mutandis to the court where the immediate appeal prescribed in the provisions of paragraph (3) of the same Article is pending.
|
|
第二款 期日間整理手続
|
Subsection 2 Inter-trial Arrangement Proceedings
|
Article 316-28(1)When a court finds it necessary during the course of the proceedings, the court may, upon request from a public prosecutor, the accused or the defense counsel, or ex officio, render a ruling to order that the case be subject to an inter-trial arrangement proceeding as trial preparation for arrangement of the issues and evidence of the case after the first trial date.
|
|
(2)The provisions of the preceding Subsection (excluding the provisions of Article 316-2, paragraph (1) and Article 316-9, paragraph (3)) apply mutatis mutandis to the inter-trial arrangement proceeding.In this case, the evidence that the public prosecutor, the accused or the defense counsel requested to be examined before the ruling prescribed in the preceding paragraph is deemed to be the evidence that was requested to be examined in the inter-trial arrangement proceeding and the words "the date of the pretrial arrangement proceeding" prescribed in Articles 316-6 to 316-10 and 316-12 are deemed to be "the date of the inter-trial arrangement proceeding" and the word "the records of the pretrial arrangement proceeding" prescribed in paragraph (2) of the same Article is deemed to be "the records of the inter-trial arrangement proceeding."
|
|
第三款 公判手続の特例
|
Subsection 3 Special Provisions for Trial Proceedings
|
Article 316-30With regard to a case which has been placed in a pretrial arrangement proceeding, when the accused or the defense counsel has facts which must be proved by evidence or any other factual or legal allegations, said person must clearly reveal them after the proceeding prescribed in Article 296.In this case, the provisions of the proviso of the same Article apply mutatis mutandis.
|
|
Article 316-32(1)With regard to a case which has been placed in a pretrial arrangement proceeding or an inter-trial arrangement proceeding, notwithstanding the provisions of Article 298, paragraph (1), the public prosecutor and the accused or the defense counsel may not request examination of evidence after the end of the pretrial arrangement proceeding or the inter-trial arrangement proceeding, except evidence that was not able to be requested in the proceeding because of unavoidable reasons.
|
|
第三節 被害者参加
|
Section 3 Victim Participation
|
Article 316-33(1)When the victim or others concerned in the case under public prosecution that involves one of the following crimes, or the legal representative of that victim or an attorney who has been entrusted by those persons makes a request to participate in the proceedings of that case, and a court finds it appropriate after hearing the opinions of the accused or the defense counsel and taking into account the nature of the crime, the relationship with the accused and other circumstance, the court may render a ruling to allow the victim or others, or the legal representative of that victim to participate in the proceedings of that case:
|
|
一故意の犯罪行為により人を死傷させた罪
|
(i)crimes causing death or injury to a person through an intentional criminal act;
|
二刑法第百七十六条から第百七十九条まで、第二百十一条、第二百二十条又は第二百二十四条から第二百二十七条までの罪
|
(ii)crimes under Articles 176 through 179, Article 211, Article 220 or Articles 224 through 227 of the Penal Code;
|
三前号に掲げる罪のほか、その犯罪行為にこれらの罪の犯罪行為を含む罪(第一号に掲げる罪を除く。)
|
(iii)in addition to the crimes set forth in the preceding items, crimes whose criminal acts include the criminal acts of these crimes (except for the crimes set forth in item (i));
|
四自動車の運転により人を死傷させる行為等の処罰に関する法律(平成二十五年法律第八十六号)第四条、第五条又は第六条第三項若しくは第四項の罪
|
(iv)crimes under Article 4, Article 5, or Article 6, paragraph (3) or (4) of the Act on Punishment of Acts Inflicting Death or Injury on Others by Driving a Motor Vehicle, etc. (Act No. 86 of 2013); or
|
五第一号から第三号までに掲げる罪の未遂罪
|
(v)attempts of the crimes set forth in items (i) through (iii).
|
(3)When it becomes clear that the person allowed to participate in the proceedings of the case under public prosecution pursuant to the provisions of paragraph (1) (hereinafter referred to as the "Participating Victim") is not or no longer is the victim or others concerned, or legal representative of the victim in that case, or when that case no longer falls under the category of a case that involves a crime set forth in any of items of the same paragraph due to the withdrawal or alteration of the applicable penal statute pursuant to the provisions of Article 312, a court may render a ruling to revoke the ruling set forth under the same paragraph. The same applies when a court comes to find that it is inappropriate to allow participation in the proceedings of the case under public prosecution taking into account the nature of the crime, the relationship with the accused and other circumstances.
|
|
Article 316-35The Participating Victim or the entrusted attorney may state an opinion to the public prosecutor relating to the authority exercised by the public prosecutor pursuant to the provisions of this Code with regard to the case.In this case, if the public prosecutor exercises or does not exercise their authority, where necessary, said prosecutor must explain the reason for this to the person who stated such opinion.
|
|
Article 316-36(1)In examining witnesses, if the Participating Victim or the entrusted attorney makes a request to examine a witness, the court is to hear the opinion of the accused or the defense counsel and, taking into consideration the state of the proceedings, the content of the particulars of the request for examination, the number of persons making the request and other circumstances, permit the person who made the request to examine the witness on particulars necessary to challenge the probative value of the statements of the witness with regard to the particulars relating to the circumstances (except for particulars relating to fact-finding) when it finds appropriate.
|
|
(2)The request set forth under the preceding paragraph must be made to the public prosecutor clarifying the particulars to be examined immediately after conclusion of the examination by the public prosecutor (where the prosecutor does not conduct an examination, after the examination by the accused or the defense counsel).In this case, the public prosecutor must notify this to the court together with the prosecutor's opinion except in cases where said prosecutor is to personally examine said particulars.
|
|
Article 316-37(1)The court is to, when the Participating Victim or the entrusted attorney has made a request to ask the accused questions seeking the statement set forth in Article 311, paragraph (2), hear the opinion of the accused or the defense counsel and when it deems it necessary for the purpose of the Participating Victim or entrusted attorney stating an opinion pursuant to the provisions of this Code, it is to permit the person who made the request to ask the accused questions when it finds appropriate, taking into consideration the state of the proceedings, the content of the particulars to be asked subject to the request, the number of persons making the request and other circumstances.
|
|
(2)The request set forth in the preceding paragraph must be made to the public prosecutor clarifying the particulars to be asked in advance.In this case, the public prosecutor is to notify the court of this, together with the prosecutor's opinion except in cases where said prosecutor is to personally request a statement on such particulars.
|
|
(3)Other than the cases provided in Article 295, paragraphs (1), (3) and (4), the presiding judge may place restrictions on a question if the question asked by the Participating Victim or the entrusted attorney leads to particulars irrelevant to those necessary for the purpose of the statement of opinions provided in paragraph (1).
|
|
Article 316-38(1)The court is to, when the Participating Victim or the entrusted attorney makes a request to state an opinion on the finding of facts or the application of law, if it finds appropriate, permit the person who made the request to state an opinion on the trial date within the scope of facts specified as counts after the public prosecutor has stated an opinion pursuant to the provisions of Article 293, paragraph (1), taking into consideration the state of the proceedings, the number of persons making the request and other circumstances.
|
|
第三百十六条の三十九裁判所は、被害者参加人が第三百十六条の三十四第一項(同条第五項において準用する場合を含む。第四項において同じ。)の規定により公判期日又は公判準備に出席する場合において、被害者参加人の年齢、心身の状態その他の事情を考慮し、被害者参加人が著しく不安又は緊張を覚えるおそれがあると認めるときは、検察官及び被告人又は弁護人の意見を聴き、その不安又は緊張を緩和するのに適当であり、かつ、裁判官若しくは訴訟関係人の尋問若しくは被告人に対する供述を求める行為若しくは訴訟関係人がする陳述を妨げ、又はその陳述の内容に不当な影響を与えるおそれがないと認める者を、被害者参加人に付き添わせることができる。
|
Article 316-39(1)If the Participating Victim appears on the trial date or in the trial preparation pursuant to the provisions of Article 316-34, paragraph (1) (including cases to which these provisions apply mutatis mutandis pursuant to the provisions of paragraph (5) of the same Article; the same applies hereinafter in paragraph (4)), when, taking into account the Participating Victim's age, mental or physical condition or other circumstances, the Participating Victim is likely to feel extreme anxiety or tension, the court may, after hearing the opinions of the public prosecutor and the accused or the defense counsel, have the Participating Victim accompanied by a person who is appropriate for easing the Participating Victim's anxiety or tension, and is unlikely to disturb the examination of the witness by a judge or persons concerned in the case or an act seeking a statement from the accused, or the statement of persons concerned in the case, or is unlikely to unduly influence the content of the statements.
|
(2)The person accompanying the Participating Victim pursuant to the provisions of the preceding paragraph must not behave in any manner which may disturb examination of the witness by a judge or persons concerned in the case or an act seeking a statement from the accused, or the statement of persons concerned in the case, or which will unduly influence the content of the statements.
|
|
(3)Where the court deems that the person permitted to accompany the Participating Victim pursuant to the provisions of paragraph (1) is likely to disturb examination of the witness by a judge or persons concerned in the case or an act seeking a statement from the accused, or the statement of persons concerned in the case, or is likely to unduly influence the contents of the statements, or otherwise deems that it is inappropriate to have the person accompany the Participating Victim, it may rule to revoke the ruling set forth in the same paragraph.
|
|
(4)The court may take measures between the accused and the Participating Victim so that the accused is unable to discern the presence of the Participating Victim limited to only when defense counsel is present, if the Participating Victim appears on the trial date or in the trial preparation pursuant to the provisions of Article 316-34, paragraph (1), after hearing the opinions of the public prosecutor and the accused or the defense counsel, when the pressure which the Participating Victim is under is likely to negatively affect their mental wellbeing while being present, being examined, questioned or testifying in the presence of the accused and finding it appropriate, taking into account the nature of the crime, the Participating Victim's age, mental or physical condition, relationship with the accused, or due to other circumstances.
|
|
(5)The court may take measures so that the spectators and the Participating Victim cannot be aware of each other's presence, if the Participating Victim appears on the trial date pursuant to the provisions of Article 316-34, paragraph (1), after hearing the opinions of the public prosecutor and the accused or the defense counsel, when it finds appropriate, taking into account the nature of the crime, the Participating Victim's age, mental or physical condition or effects upon said Participating Victim's reputation or other circumstances,.
|
|
第四節 証拠
|
Section 4 Evidence
|
一裁判官の面前(第百五十七条の六第一項及び第二項に規定する方法による場合を含む。)における供述を録取した書面については、その供述者が死亡、精神若しくは身体の故障、所在不明若しくは国外にいるため公判準備若しくは公判期日において供述することができないとき、又は供述者が公判準備若しくは公判期日において前の供述と異なつた供述をしたとき。
|
(i)with regard to a document in which a statement made before a judge (including those made through the means provided in Article 157-6, paragraphs (1) and (2)), when the person who has made the statement is unable to do so in the trial preparation or on the trial date due to death, a mental or physical disorder, or being non est or out of the country, or when that person makes a statement inconsistent with the previous statement in the trial preparation or on the trial date;
|
二検察官の面前における供述を録取した書面については、その供述者が死亡、精神若しくは身体の故障、所在不明若しくは国外にいるため公判準備若しくは公判期日において供述することができないとき、又は公判準備若しくは公判期日において前の供述と相反するか若しくは実質的に異なつた供述をしたとき。ただし、公判準備又は公判期日における供述よりも前の供述を信用すべき特別の情況の存するときに限る。
|
(ii)with regard to a document in which a statement made before a public prosecutor, when the person who has made the statement is unable to do so in the trial preparation or on the trial date due to death, a mental or physical disorder, or being non est or out of the country, or when that person makes a statement in the trial preparation or on the trial date, which conflicts with or substantially differs from the previous statement; provided, however, that this is limited to the case when there are special circumstances that afford the previous statement more credible than the statement made in the trial preparation or on the trial date; and
|
三前二号に掲げる書面以外の書面については、供述者が死亡、精神若しくは身体の故障、所在不明又は国外にいるため公判準備又は公判期日において供述することができず、かつ、その供述が犯罪事実の存否の証明に欠くことができないものであるとき。ただし、その供述が特に信用すべき情況の下にされたものであるときに限る。
|
(iii)with regard to a document other than the documents set forth in the preceding two items, when the person who has made the statement is unable to do so in the trial preparation or on the trial date due to death, a mental or physical disorder, or being non est or out of the country, and that statement is essential to prove or disprove the facts of the crime; provided, however, that this is limited to the case when the previous statement is made under special circumstances that afford the previous statement credible.
|
(3)A document which contains the results of an inspection by a public prosecutor, a public prosecutor's assistant officer or a judicial police official may be used as evidence notwithstanding the provisions of paragraph (1), if the inspector attends the trial as a witness on the trial date and verifies upon examination the authenticity of the document that was prepared.
|
|
Article 321-2(1)Notwithstanding the provisions of paragraph (1) of the preceding Article, a written statement, part of which is accompanied with a recording medium on which the examination and testimony of a witness made through the means provided in Article 157-6, paragraph (1) or (2) during criminal proceedings other than those in the trial preparation or on the trial date of the case under public prosecution or during criminal proceedings of other case, and the circumstances surrounding the examination and testimony are recorded, may be used as evidence.In this case, a court must give the persons concerned in the case an opportunity to examine those who have made statements as witnesses, after the examination of the written statement.
|
|
(3)The statement recorded in the written statement examined pursuant to the provisions of paragraph (1) of this Article is deemed to have been made on the trial date of the case under public prosecution, when applying the first part of Article 295, paragraph (1), and paragraph (1), item (i) and item (ii) of the preceding Article.
|
|
Article 322(1)A written statement made by the accused or a written statement recording the statement of the accused which has the accused's signature or seal affixed by said person may be used as evidence, when the statement contains an admission of a disadvantageous fact, or is made under circumstances that afford special credibility; provided however, that even if the admission is not a confession, a document which contains an admission of a disadvantageous fact may not be used as evidence when there is doubt about it being voluntary as prescribed in Article 319.
|
|
一戸籍謄本、公正証書謄本その他公務員(外国の公務員を含む。)がその職務上証明することができる事実についてその公務員の作成した書面
|
(i)a transcript of a family register, a transcript of a notarized deed or other documents on facts which a government employee (including an officer of a foreign government) may certify and which is made by that government employee;
|
二商業帳簿、航海日誌その他業務の通常の過程において作成された書面
|
(ii)an account book, a log book and other documents prepared in ordinary social activities;
|
三前二号に掲げるものの外特に信用すべき情況の下に作成された書面
|
(iii)a document other than those prescribed in the preceding two items made under circumstances that afford special credibility.
|
Article 325The court may not use a document or statement which can be used pursuant to the provisions of Article 321 to the preceding Article as evidence unless the court has examined whether the statement in the document or in the statement of other persons on the trial date or in the trial preparation has been made voluntarily.
|
|
Article 326(1)A document or statement that the public prosecutor or the accused has consented for use as evidence may be used as evidence notwithstanding the provisions of Articles 321 to 325 only when the court deems it appropriate considering the circumstances in which the document or statement was made.
|
|
(2)In cases when evidence may be examined without the appearance of the accused, it is deemed that the accused has given the consent prescribed in the preceding paragraph when said accused does not appear at the trial; provided however, that this does not apply when the representative or the defense counsel appears at the trial.
|
|
Article 327The court may, when the public prosecutor and the accused or the defense counsel have agreed to write down the content of a statement that contain the content of a certain document or a certain statement that a witness would testify to on the trial date and have submitted such written statement to the court, use it as evidence without examining the original or the witness. However, the probative value of the document may be challenged regardless.
|
|
第五節 公判の裁判
|
Section 5 Decisions in Trials
|
Article 329When a court has no jurisdiction over a case under public prosecution, it must render a decision of lack of jurisdiction by a judgment; provided however, that it may not render such decision on a case which has been committed to a district court for trial pursuant to the provisions of Article 266, item (ii).
|
|
Article 330When there is an institution of prosecution for a case falling under the special jurisdiction of a high court and the high court finds the case falls under the jurisdiction of a lower court, the high court must, on a ruling, transfer the case to the court with jurisdiction notwithstanding the provisions of the preceding Article.
|
|
一確定判決を経たとき。
|
(i)a final and binding judgment has been reached in a case;
|
二犯罪後の法令により刑が廃止されたとき。
|
(ii)the punishment is repealed by laws and regulations established after the crime;
|
三大赦があつたとき。
|
(iii)there is a general pardon;
|
四時効が完成したとき。
|
(iv)the statute of limitations expires.
|
一被告人に対して裁判権を有しないとき。
|
(i)it has no national jurisdiction over the accused;
|
二第三百四十条の規定に違反して公訴が提起されたとき。
|
(ii)the prosecution has been instituted in violation of Article 340;
|
三公訴の提起があつた事件について、更に同一裁判所に公訴が提起されたとき。
|
(iii)there is an institution of prosecution for the same case in the same court;
|
四公訴提起の手続がその規定に違反したため無効であるとき。
|
(iv)the procedure of the institution of prosecution is ineffective because of violation of the provisions.
|
一第二百七十一条第二項の規定により公訴の提起がその効力を失つたとき。
|
(i)the institution of prosecution ceases to be effective in accordance with the provisions of Article 271, paragraph (2);
|
二起訴状に記載された事実が真実であつても、何らの罪となるべき事実を包含していないとき。
|
(ii)the facts written in the charging sheet, although they may be true, do not include any facts constituting a crime;
|
三公訴が取り消されたとき。
|
(iii)the prosecution has been revoked;
|
四被告人が死亡し、又は被告人たる法人が存続しなくなつたとき。
|
(iv)the accused is deceased or a corporation which is the accused ceases to exist;
|
五第十条又は第十一条の規定により審判してはならないとき。
|
(v)the case may not be tried in accordance with the provisions of Article 10 or 11.
|
Article 343When a judgment to impose imprisonment without work or a greater punishment is pronounced, the bail or suspension of execution of detention loses its effect. In this case, the provisions of Article 98 apply mutatis mutandis only when there is no new ruling of bail or suspension of execution of detention.
|
|
Article 345When there is a notification of a judicial decision of acquittal, dismissal by a bar to prosecution, absolute discharge, suspended execution of a sentence in whole, dismissal of prosecution (except as provided in Article 338, item (iv)), a fine or a petty fine, the detention warrant loses its effect.
|
|
Article 348(1)If the court, in rendering a fine, petty fine or collection of a sum of equivalent value, deems that it will be impossible or difficult to execute the judgment should there be a delay until the judgment becomes final and binding, the court may, upon a request by the public prosecutor or ex officio, order the accused to provisionally pay an amount equal to the fine, petty fine or collection of a sum of equivalent value.
|
|
Article 349(1)When a rendition to suspend an execution of the sentence is to be revoked, a public prosecutor must make a request for the revocation to the district, family or summary court which has jurisdiction over the present place or the last domicile of the person who has been sentenced to punishment.
|
|
(2)When a rendition to suspend the execution of a sentence is to be revoked pursuant to the provisions of Article 26-2, item (ii) or Article 27-5, item (ii) of the Penal Code, a request under the preceding paragraph must be made based on a proposal submitted by the director of a probation office.
|
|
2前項の場合において、その請求が刑法第二十六条の二第二号又は第二十七条の五第二号の規定による猶予の言渡しの取消しを求めるものであつて、猶予の言渡しを受けた者の請求があるときは、口頭弁論を経なければならない。
|
(2)In the case of the preceding paragraph, when the request is for the revocation of rendition of the suspended execution of the sentence pursuant to the provisions of Article 26-2, item (ii) or Article 27-5, item (ii) of the Penal Code and there is a request by the persons to whom the suspended execution of the sentence has been rendered, the proceeding must undergo an oral argument.
|
Article 350If a punishment is to be determined pursuant to the provisions of Article 52 of the Penal Code, the public prosecutor must request the court which rendered the final judgment to do so. In this case, the provisions of paragraphs (1) and (5) of the preceding Article apply mutatis mutandis.
|
|
第四章 証拠収集等への協力及び訴追に関する合意
|
Chapter IV Agreement on Cooperation in Collection of Evidence and Prosecution
|
第一節 合意及び協議の手続
|
Section 1 Procedures for Agreement and Consultation
|
Article 350-2(1)When a public prosecutor finds it necessary taking into account the importance of evidence obtained if a suspect or the accused in a case involving the specific crime performs one or more than one of the acts set forth in item (i) with regard to another person's criminal case involving the specific crime (hereinafter simply referred to as "another person's criminal case"), the gravity and circumstances of the crime concerned, the extent of the relevance of that crime concerned and other circumstances, the public prosecutor may reach an agreement with the suspect or accused to the effect that the suspect or accused performs one or more than one of the acts set forth in the same item with regard to that another person's criminal case, and the public prosecutor performs one or more than one of the acts set forth in item (ii) with regard to the case of the suspect or accused.
|
|
一次に掲げる行為
|
(i)Acts set forth in the following:
|
イ第百九十八条第一項又は第二百二十三条第一項の規定による検察官、検察事務官又は司法警察職員の取調べに際して真実の供述をすること。
|
(a)making a true statement in an interrogation conducted by the public prosecutor, the public prosecutor's assistant officer or a judicial police official pursuant to the provisions of Article 198, paragraph (1) or Article 223, paragraph (1);
|
ロ証人として尋問を受ける場合において真実の供述をすること。
|
(b)making a true statement when the suspect or accused is examined as a witness; or
|
ハ検察官、検察事務官又は司法警察職員による証拠の収集に関し、証拠の提出その他の必要な協力をすること(イ及びロに掲げるものを除く。)。
|
(c)in relation to the collection of evidence by the public prosecutor, the public prosecutor's assistant officer or a judicial police official, submitting evidence or providing other necessary cooperation (except those set forth in (a) and (b)).
|
二次に掲げる行為
|
(ii)Acts set forth in the following:
|
イ公訴を提起しないこと。
|
(a)not instituting prosecution;
|
ロ公訴を取り消すこと。
|
(b)withdrawing prosecution;
|
ハ特定の訴因及び罰条により公訴を提起し、又はこれを維持すること。
|
(c)instituting or maintaining prosecution using the specific count and applicable penal statute;
|
ニ特定の訴因若しくは罰条の追加若しくは撤回又は特定の訴因若しくは罰条への変更を請求すること。
|
(d)requesting the addition or withdrawal of the specific count or applicable penal statute, or the alteration of a count or an applicable penal statute to the specific count or applicable penal statute;
|
ホ第二百九十三条第一項の規定による意見の陳述において、被告人に特定の刑を科すべき旨の意見を陳述すること。
|
(e)stating an opinion to the effect that the specific sentence should be rendered to the accused, in the statement of opinions pursuant to the provisions of Article 293, paragraph (1);
|
ヘ即決裁判手続の申立てをすること。
|
(f)filing a petition for expedited trial proceedings; or
|
ト略式命令の請求をすること。
|
(g)filing a request for a summary order.
|
一刑法第九十六条から第九十六条の六まで若しくは第百五十五条の罪、同条の例により処断すべき罪、同法第百五十七条の罪、同法第百五十八条の罪(同法第百五十五条の罪、同条の例により処断すべき罪又は同法第百五十七条第一項若しくは第二項の罪に係るものに限る。)又は同法第百五十九条から第百六十三条の五まで、第百九十七条から第百九十七条の四まで、第百九十八条、第二百四十六条から第二百五十条まで若しくは第二百五十二条から第二百五十四条までの罪
|
(i)crimes under Articles 96 through 96-6 or Article 155 of the Penal Code, crimes that should be dealt with in the same manner as the same Article, crimes under Article 157 of the same Code, crimes under Article 158 of the same Code (limited to those pertaining to crimes under Article 155 of the same Code, crimes that should be dealt with in the same manner as the same Article, or crimes under Article 157, paragraph (1) or (2) of the same Code), or crimes under Articles 159 through 163-5, Articles 197 through 197-4, Article 198, Articles 246 through 250, or Articles 252 through 254 of the same Code;
|
二組織的な犯罪の処罰及び犯罪収益の規制等に関する法律(平成十一年法律第百三十六号。以下「組織的犯罪処罰法」という。)第三条第一項第一号から第四号まで、第十三号若しくは第十四号に掲げる罪に係る同条の罪、同項第十三号若しくは第十四号に掲げる罪に係る同条の罪の未遂罪又は組織的犯罪処罰法第十条若しくは第十一条の罪
|
(ii)crimes under Article 3 of the Act on Punishment of Organized Crimes and Control of Crime Proceeds (Act No. 136 of 1999; hereinafter referred to as the "Organized Crime Punishment Act") pertaining to the crimes under paragraph (1), items (i) through (iv), item (xiii) or item (xiv) of the same Article, attempts of crimes under the same Article pertaining to the crimes under item (xiii) or (xiv) of the same paragraph, or crimes under Article 10 or 11 of the Organized Crime Punishment Act;
|
三前二号に掲げるもののほか、租税に関する法律、私的独占の禁止及び公正取引の確保に関する法律(昭和二十二年法律第五十四号)又は金融商品取引法(昭和二十三年法律第二十五号)の罪その他の財政経済関係犯罪として政令で定めるもの
|
(iii)in addition to those set forth in the preceding two items, crimes under laws related to taxes, the Act on Prohibition of Private Monopolization and Maintenance of Fair Trade (Act No. 54 of 1947) or the Financial Instruments and Exchange Act (Act No. 25 of 1948), or other crimes provided by Cabinet Order as finance and economy-related crimes;
|
四次に掲げる法律の罪
|
(iv)crimes under the following law:
|
イ爆発物取締罰則(明治十七年太政官布告第三十二号)
|
(a)Criminal Regulations to Control Explosives (Cabinet Ordinance No. 32 of 1884);
|
ロ大麻取締法(昭和二十三年法律第百二十四号)
|
(b)Cannabis Control Act (Act No. 124 of 1948);
|
ハ覚醒剤取締法(昭和二十六年法律第二百五十二号)
|
(c)Stimulants Control Act (Act No. 252 of 1951);
|
ニ麻薬及び向精神薬取締法(昭和二十八年法律第十四号)
|
(d)Narcotics and Psychotropics Control Act (Act No. 14 of 1953);
|
ホ武器等製造法(昭和二十八年法律第百四十五号)
|
(e)Ordnance Manufacturing Act (Act No. 145 of 1953);
|
ヘあへん法(昭和二十九年法律第七十一号)
|
(f)Opium Control Act (Act No. 71 of 1954);
|
ト銃砲刀剣類所持等取締法(昭和三十三年法律第六号)
|
(g)Act for Controlling the Possession of Firearms or Swords and Other Such Weapons (Act No. 6 of 1958); or
|
五刑法第百三条、第百四条若しくは第百五条の二の罪又は組織的犯罪処罰法第七条の罪(同条第一項第一号から第三号までに掲げる者に係るものに限る。)若しくは組織的犯罪処罰法第七条の二の罪(いずれも前各号に掲げる罪を本犯の罪とするものに限る。)
|
(v)crimes under Article 103, 104 or 105-2 of the Penal Code, or crimes under Article 7 of the Organized Crime Punishment Act (limited to those involving persons set forth in paragraph (1), items (i) through (iii) of the same Article) or Article 7-2 of the same Act (for any of these crimes, limited to those listed in the preceding items, which are regarded as the crimes of the principal offenders).
|
(3)In an agreement under paragraph (1), matters incidental to the acts performed by the suspect or accused as set forth in item (i) of the same paragraph, or the acts performed by the public prosecutor as set forth in item (ii) of the same paragraph, and other necessary matters to achieve the purpose of the agreement may be contained.
|
|
Article 350-4The necessary consultation to make an agreement under Article 350-2, paragraph (1) shall be held between a public prosecutor, and a suspect or the accused and the defense counsel; provided, however, that when the suspect or accused and the defense counsel do not raise an objection, the public prosecutor may consult only with the defense counsel in part.
|
|
3前項の規定は、被疑者又は被告人が当該協議においてした行為が刑法第百三条、第百四条若しくは第百七十二条の罪又は組織的犯罪処罰法第七条第一項第一号若しくは第二号に掲げる者に係る同条の罪に当たる場合において、これらの罪に係る事件において用いるときは、これを適用しない。
|
(3)The provisions of the preceding paragraph do not apply when any act performed by a suspect or the accused during a consultation thereunder falls under a crime under Article 103, 104 or 172 of the Penal Code or a crime under Article 7 of the Organized Crime Punishment Act pertaining to the persons set forth in provisions of paragraph (1), item (i) or (ii) of the same Article, and a statement made during the consultation is used in the cases involving these crimes.
|
Article 350-6(1)When a public prosecutor is start consultation under Article 350-4 with a suspect in a case referred or sent by a judicial police officer or a case the public prosecutor finds that a judicial police officer is actually investigating, the public prosecutor must consult with the judicial public officer in advance.
|
|
(2)When a public prosecutor finds it necessary for the investigation of another person's criminal case pertaining to a consultation under Article 350-4 taking into account that a judicial police officer is actually investigating that another person's criminal case and other circumstances, the public prosecutor may have the judicial police officer request a statement pursuant to the provisions of paragraph (1) of the preceding Article and perform other necessary acts for the consultation.In this case, the judicial police officer may present the content of the act set forth in item (ii) of Article 350-2, paragraph (1), which is proposed by the public prosecutor to be the content of the agreement under the same paragraph, to the extent that the public prosecutor individually delegates powers to the judicial police officer.
|
|
第二節 公判手続の特例
|
Section 2 Special Provisions on Trial Procedure
|
Article 350-7(1)When a public prosecutor reaches an agreement with a suspect under Article 350-2, paragraph (1), and institutes prosecution with regard to the suspect's case pertaining to the agreement, the public prosecutor must request the examination of the document referred to in Article 350-3, paragraph (2) (hereinafter referred to as the "statement of agreement") as evidence without delay after the completion of the procedure under Article 291 (or if it has been ruled that the case be subject to a pretrial arrangement proceeding, after that time). The same applies when a public prosecutor reaches an agreement with the accused with regard to the accused's case after institution of prosecution under Article 350-2, paragraph (1).
|
|
(2)When a public prosecutor requests the examination of the statement of agreement pursuant to the provisions of the preceding paragraph, and is notified by the party to the agreement that the party is to pull out of the agreement pursuant to the provisions of Article 350-10, paragraph (2), the public prosecutor must request the examination of the document referred to in the same paragraph together with that statement of agreement.
|
|
(3)After a public prosecutor has requested the examination of the statement of agreement pursuant to the provisions of paragraph (1), if the public prosecutor is notified by the party to the agreement that the party is to pull out of the agreement pursuant to the provisions of Article 350-10, paragraph (2), the public prosecutor must request the examination of the document referred to in the same paragraph without delay.
|
|
Article 350-8When a public prosecutor, the accused or the defense counsel requests the examination of the recorded statement documents of a person other than that accused, which have been prepared by the person based on an agreement under Article 350-2, paragraph (1), or in or on which statements made by the person based on an agreement under the same paragraph have been recorded and taken down in writing or recorded, or a court decides to examine those documents ex officio, the public prosecutor must request the examination of the statement of agreement without delay.In this case, the provisions of paragraphs (2) and (3) of the preceding Article apply mutatis mutandis.
|
|
Article 350-9When a public prosecutor, the accused or the defense counsel requests the examination of a witness or a court decides to examine a witness ex officio, and there is an agreement with the person who is to be the witness under Article 350-2, paragraph (1) with regard to the witness's examination, the public prosecutor must request the examination of the statement of agreement without delay.In this case, the provisions of Article 350-7, paragraph (3) apply mutatis mutandis.
|
|
第三節 合意の終了
|
Section 3 Termination of Agreement
|
一第三百五十条の二第一項の合意の当事者が当該合意に違反したとき その相手方
|
(i)when the party to the agreement under Article 350-2, paragraph (1) violates the agreement, the other party to the agreement;
|
二次に掲げる事由 被告人
|
(ii)on the following grounds, the accused:
|
イ検察官が第三百五十条の二第一項第二号ニに係る同項の合意に基づいて訴因又は罰条の追加、撤回又は変更を請求した場合において、裁判所がこれを許さなかつたとき。
|
(a)when a public prosecutor requests the addition, withdrawal or alteration of a count or an applicable penal statute based on the agreement under Article 350-2, paragraph (1), pertaining to item (ii), (d) of the same paragraph, and a court does not approve the request;
|
ロ検察官が第三百五十条の二第一項第二号ホに係る同項の合意に基づいて第二百九十三条第一項の規定による意見の陳述において被告人に特定の刑を科すべき旨の意見を陳述した事件について、裁判所がその刑より重い刑の言渡しをしたとき。
|
(b)when a court, with regard to the case in which a public prosecutor has stated an opinion to the effect that the specific sentence should be rendered to the accused, in the statement of opinions pursuant to the provisions of Article 293, paragraph (1), based on the agreement under Article 350-2, paragraph (1), pertaining to item (ii), (e) of the same paragraph, renders a sentence heavier than that sentence;
|
ハ検察官が第三百五十条の二第一項第二号ヘに係る同項の合意に基づいて即決裁判手続の申立てをした事件について、裁判所がこれを却下する決定(第三百五十条の二十二第三号又は第四号に掲げる場合に該当することを理由とするものに限る。)をし、又は第三百五十条の二十五第一項第三号若しくは第四号に該当すること(同号については、被告人が起訴状に記載された訴因について有罪である旨の陳述と相反するか又は実質的に異なつた供述をしたことにより同号に該当する場合を除く。)となつたことを理由として第三百五十条の二十二の決定を取り消したとき。
|
(c)with regard to the case for which a public prosecutor has filed a petition for expedited trial proceedings based on the agreement under Article 350-2, paragraph (1), pertaining to item (ii), (f) of the same paragraph, when a court renders a ruling to dismiss the petition (only on the grounds that it falls under the case set forth in Article 350-22, item (iii) or (iv)), or revoke the ruling under Article 350-22 on the grounds that it comes to fall under Article 350-25, paragraph (1), item (iii) or (iv) (with regard to item (iv), except when it falls under the same item due to a statement made by the accused, which is contrary to or substantially different from the statement that the accused is guilty for the count written in the charging sheet); or
|
ニ検察官が第三百五十条の二第一項第二号トに係る同項の合意に基づいて略式命令の請求をした事件について、裁判所が第四百六十三条第一項若しくは第二項の規定により通常の規定に従い審判をすることとし、又は検察官が第四百六十五条第一項の規定により正式裁判の請求をしたとき。
|
(d)with regard to the case for which a public prosecutor has filed a request for a summary order based on the agreement under Article 350-2, paragraph (1), pertaining to item (ii), (g) of the same paragraph, when a court decides to try the case in accordance with regular provisions pursuant to the provisions of Article 463, paragraph (1) or (2), or the public prosecutor requests a formal trial pursuant to the provisions of Article 465, paragraph (1); or
|
三次に掲げる事由 検察官
|
(iii)on the following grounds, a public prosecutor:
|
イ被疑者又は被告人が第三百五十条の四の協議においてした他人の刑事事件についての供述の内容が真実でないことが明らかになつたとき。
|
(a)when it becomes clear that the content of a statement made by a suspect or the accused during a consultation under Article 350-4 with regard to another person's criminal case is not true; or
|
ロ第一号に掲げるもののほか、被疑者若しくは被告人が第三百五十条の二第一項の合意に基づいてした供述の内容が真実でないこと又は被疑者若しくは被告人が同項の合意に基づいて提出した証拠が偽造若しくは変造されたものであることが明らかになつたとき。
|
(b)in addition to those set forth in item (i), when it becomes clear that the content of a statement made by a suspect or the accused based on the agreement under Article 350-2, paragraph (1) is not true, or evidence submitted by a suspect or the accused based on the agreement under the same paragraph is a counterfeit or an altered article.
|
第三百五十条の十一検察官が第三百五十条の二第一項第二号イに係る同項の合意に基づいて公訴を提起しない処分をした事件について、検察審査会法第三十九条の五第一項第一号若しくは第二号の議決又は同法第四十一条の六第一項の起訴議決があつたときは、当該合意は、その効力を失う。
|
Article 350-11With regard to the case in which a public prosecutor has made a disposition not to institute prosecution based on an agreement under Article 350-2, paragraph (1), pertaining to item (ii), (a) of the same paragraph, if a decision under Article 39-5, paragraph (1), item (i) or (ii) of the Act on Committee for Inquest of Prosecution or a decision for institution of prosecution under Article 41-6, paragraph (1) of the same Act is made, the agreement ceases to be effective.
|
Article 350-12(1)In the case of the preceding Article, even when prosecution is instituted for the case pertaining to the decision, the statement made by the accused during a consultation under Article 350-4, evidence obtained by the act of the accused based on the agreement and evidence obtained based on the statement or evidence may not be used as evidence in the accused's criminal case.
|
|
一前条に規定する議決の前に被告人がした行為が、当該合意に違反するものであつたことが明らかになり、又は第三百五十条の十第一項第三号イ若しくはロに掲げる事由に該当することとなつたとき。
|
(i)when it becomes clear that any act performed by the accused before the decision provided in the preceding Article is made violates the agreement, or the case comes to fall under the grounds set forth in Article 350-10, paragraph (1), item (iii), (a) or (b);
|
二被告人が当該合意に基づくものとしてした行為又は当該協議においてした行為が第三百五十条の十五第一項の罪、刑法第百三条、第百四条、第百六十九条若しくは第百七十二条の罪又は組織的犯罪処罰法第七条第一項第一号若しくは第二号に掲げる者に係る同条の罪に当たる場合において、これらの罪に係る事件において用いるとき。
|
(ii)when any act made by the accused as it is based on the agreement or during the consultation falls under a crime under Article 350-15, paragraph (1), or Article 103, 104, 169 or 172 of the Penal Code, or a crime under Article 7 of the Organized Crime Punishment Act pertaining to the person set forth in the provisions of paragraph (1), item (i) or (ii) of the same Article, and is used in the case involving the crime; or
|
三証拠とすることについて被告人に異議がないとき。
|
(iii)when the accused does not object to use as evidence.
|
第四節 合意の履行の確保
|
Section 4 Ensuring the Performance of Agreement
|
Article 350-13(1)If a public prosecutor, in violation of the agreement under Article 350-2, paragraph (1), pertaining to item (ii), (a) through (d), (f) or (g) of the same paragraph (with regard to the agreement pertaining to (c) of the same item, limited to that made to the effect that prosecution is instituted using the specific count and applicable penal statute), institutes prosecution, does not withdraw prosecution, institutes prosecution using a different count and applicable penal statute, maintains prosecution without requesting the addition, withdrawal or alteration of the count or applicable penal statute, or with requesting the addition or withdrawal of a different count or applicable penal statute or the alteration of the count or applicable penal statute to a different count or applicable penal statute, or institutes prosecution without filing a petition for expedited trial proceedings or a request for a summary order at the same time, a court must render a judgment to dismiss the prosecution.
|
|
(2)If a public prosecutor requests the addition or alteration of a count or an applicable penal statute in violation of an agreement under Article 350-2, paragraph (1), pertaining to item (ii), (c) of the same paragraph (limited to that made to the effect that prosecution is maintained using the specific count and applicable penal statute), a court must not approve the request notwithstanding the provisions of Article 312, paragraph (1).
|
|
Article 350-15(1)A person who has made a false statement or submitted evidence that is a counterfeit or an altered article to a public prosecutor, a public prosecutor's assistant officer or a judicial police official in violation of an agreement under Article 350-2, paragraph (1) is punished by imprisonment for not more than five years.
|
|
(2)When a person who has committed the crime under the preceding paragraph confesses before both judgments on another person's criminal case and the person's criminal case pertaining to the agreement become final and binding, the confession may lead to the punishment being reduced or exculpate the offender.
|
|
第五章 即決裁判手続
|
Chapter V Expedited Trial Proceedings
|
第一節 即決裁判手続の申立て
|
Section 1 Petitions for Expedited Trial Proceedings
|
Article 350-16(1)When a public prosecutor finds it appropriate with regard to the case in which the public prosecutor is to institute prosecution taking into account that the details of the factual background of the case are clear and the case is minor, that the examination of evidence is expected to be completed promptly and other circumstances, the public prosecutor may file a petition for expedited trial proceedings in writing upon institution of prosecution; provided, however, that this does not apply to cases punishable by the death penalty, life imprisonment with or without work or imprisonment with or without work whose minimum term is not less than one year.
|
|
(3)When a public prosecutor is confirming whether or not the suspect gives the consent prescribed in the preceding paragraph, said prosecutor must do so in writing.In this case, the public prosecutor must explain to the suspect the facts which are necessary to have said person understand the expedited trial proceedings (including the fact that, if said suspect does not have defense counsel, said suspect may appoint one pursuant to the provisions of the following Article) and notify said person that they may be tried pursuant to the provisions of regular rules.
|
|
(4)When there is defense counsel for the suspect, the petition prescribed in paragraph (1) may be made only when the suspect gives the consent prescribed in paragraph (2) and when the defense counsel also gives consent or reserves giving consent to the case being tried by expedited trial proceedings.
|
|
Article 350-17(1)When a suspect who is asked for confirmation under paragraph (3) of the preceding Article is to declare whether the suspect consents to being tried by expedited trial proceedings, and unable to appoint a defense counsel due to indigence or any other grounds, a judge must appoint a defense counsel for the suspect upon request from the suspect; provided, however, that this does not apply when the defense counsel is appointed by a person other than the suspect.
|
|
第二節 公判準備及び公判手続の特例
|
Section 2 Special Provisions on Trial Preparation and Trial Procedure
|
Article 350-19In a case in which expedited trial proceedings have been petitioned, when the public prosecutor is to give the accused or the defense counsel an opportunity to inspect the documentary evidence or other opportunity pursuant to the provisions of Article 299, paragraph (1), the public prosecutor must give the opportunity as promptly as possible.
|
|
Article 350-20(1)In a case in which expedited trial proceedings have been petitioned, when the defense counsel reserves consent to the expedited trial proceedings or is appointed after the petition has been filed, the court must ask the defense counsel for confirmation as to whether or not consent is given to the proceedings as promptly as possible.
|
|
Article 350-21When a petition for expedited trial proceedings is filed, the presiding judge must, after hearing the opinions of the public prosecutor and the accused or the defense counsel, set a trial date after the petition (in the case provided in paragraph (1) of the preceding Article, after the consent under the same paragraph is given) as early as possible.
|
|
Article 350-22In a case in which expedited trial proceeding have been petitioned, the court must render a ruling to the effect that the case is to be tried by expedited trial proceedings when the accused states that the accused is guilty for the count written in the charging sheet during the proceedings under Article 291, paragraph (4), except for the following cases:
|
|
一第三百五十条の十六第二項又は第四項の同意が撤回されたとき。
|
(i)when the consent under Article 350-16, paragraph (2) or (4) is revoked;
|
二第三百五十条の二十第一項に規定する場合において、同項の同意がされなかつたとき、又はその同意が撤回されたとき。
|
(ii)in the case provided in Article 350-20, paragraph (1), when the consent under the same paragraph is not given or is revoked;
|
三前二号に掲げるもののほか、当該事件が即決裁判手続によることができないものであると認めるとき。
|
(iii)in addition to those set forth in the preceding two items, the court finds that it is unable to try the case by expedited trial proceedings; or
|
四当該事件が即決裁判手続によることが相当でないものであると認めるとき。
|
(iv)when the court finds that the case is inappropriate for expedited trial proceedings.
|
一判決の言渡し前に、被告人又は弁護人が即決裁判手続によることについての同意を撤回したとき。
|
(i)when the accused or the defense counsel revokes the consent to expedited trial proceedings before the rendition of a judgment;
|
二判決の言渡し前に、被告人が起訴状に記載された訴因について有罪である旨の陳述を撤回したとき。
|
(ii)when the accused revokes the statement that the accused is guilty for the count written in the charging sheet before the rendition of a judgment;
|
三前二号に掲げるもののほか、当該事件が即決裁判手続によることができないものであると認めるとき。
|
(iii)in addition to those set forth in the preceding two items, when the court finds that it is unable to try the case by expedited trial proceedings; or
|
四当該事件が即決裁判手続によることが相当でないものであると認めるとき。
|
(iv)when the court finds that the case is inappropriate for expedited trial proceedings.
|
第三百五十条の二十六即決裁判手続の申立てを却下する決定(第三百五十条の二十二第三号又は第四号に掲げる場合に該当することを理由とするものを除く。)があつた事件について、当該決定後、証拠調べが行われることなく公訴が取り消された場合において、公訴の取消しによる公訴棄却の決定が確定したときは、第三百四十条の規定にかかわらず、同一事件について更に公訴を提起することができる。前条第一項第一号、第二号又は第四号のいずれかに該当すること(同号については、被告人が起訴状に記載された訴因について有罪である旨の陳述と相反するか又は実質的に異なつた供述をしたことにより同号に該当する場合に限る。)となつたことを理由として第三百五十条の二十二の決定が取り消された事件について、当該取消しの決定後、証拠調べが行われることなく公訴が取り消された場合において、公訴の取消しによる公訴棄却の決定が確定したときも、同様とする。
|
Article 350-26In a case in which a ruling has been rendered to dismiss a petition for expedited trial proceedings (except for the case in which the ruling is rendered on the grounds that it falls under the case set forth in Article 350-22, item (iii) or (iv)), if prosecution has been withdrawn without the examination of evidence after that ruling, and a ruling of dismissal of the prosecution based on withdrawal thereof becomes final and binding, prosecution for the same case may be instituted again notwithstanding the provisions of Article 340. The same applies in a case in which a ruling under Article 350-22 has been revoked on the grounds that it comes to fall under paragraph (1), item (i), (ii) or (iv) of the preceding Article (with regard to item (iv), only when it falls under the same item due to a statement made by the accused, which is contrary to or substantially different from the statement that the accused is guilty for the count written in the charging sheet), if prosecution has been withdrawn without the examination of evidence after the revocation of the ruling, and a ruling of dismissal of the prosecution based on withdrawal thereof becomes final and binding.
|
第三節 証拠の特例
|
Section 3 Special Provisions on Evidence
|
第四節 公判の裁判の特例
|
Section 4 Special Provisions on Judicial Decisions in Trials
|