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:平成二十八年法律第五十四号
Last Version: Act No. 54 of 2016
TOC
History
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▶Main Provision
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August 25, 2021
- Last Version: Act No. 54 of 2016
- Translated Date: June 30, 2021
- Dictionary Version: 14.0
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October 21, 2011
- Last Version: Act No. 95 of 2007
- Translated Date: April 1, 2009
- Dictionary Version: 3.0
刑事訴訟法(第三編以降(暫定版))
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Code of Criminal Procedure ((Part III ~) (Tentative translation))
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昭和二十三年七月十日法律第百三十一号
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Act No. 131 of July 10, 1948
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第三編 上訴
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Part III Appeals
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第一章 通則
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Chapter I General Rules
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(2)When a case which has been committed to trial pursuant to the provisions of item (ii) of Article 266 has been tried jointly with other cases and a decision has been rendered, the attorney who exercises the same function as a public prosecutor pursuant to the provisions of paragraph (1) of Article 266 and the public prosecutor in charge of the other cases may appeal the decision independently.
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Article 362When a person who can appeal pursuant to the provisions of Article 351 through Article 355 was unable to appeal due to grounds not attributable to him/her or his/her representative, he/she can request the deciding court to restore the right to appeal during the period of time in which an appeal could have been filed.
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第二章 控訴
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Chapter II Appeal to the Court of Second Instance
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Article 377When an appeal to the court of second instance has been filed based on one of the grounds listed in the following items, the statement of the reasons for appeal shall be accompanied by a written guarantee from the public prosecutor or counsel which indicates that there is sufficient proof of the existence of the items:
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一法律に従つて判決裁判所を構成しなかつたこと。
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(i)The court that rendered the judgment was not configured in accordance with law;
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二法令により判決に関与することができない裁判官が判決に関与したこと。
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(ii)A judge who cannot take part in a judgment in accordance with laws and regulations took part in the judgment or
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三審判の公開に関する規定に違反したこと。
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(iii)There was a violation of legal provisions pertaining to the trial being open to the public.
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Article 378When an appeal to the court of second instance has been filed based on any of the grounds listed in the following items, facts which appear in the case records and evidence examined by the court of first instance which are sufficient to show the existence of the grounds in the item shall be cited in the statement of the reasons for appeal:
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一不法に管轄又は管轄違を認めたこと。
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(i)The court unlawfully found jurisdiction or lack of jurisdiction;
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二不法に、公訴を受理し、又はこれを棄却したこと。
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(ii)The court unlawfully accepted or dismissed prosecution;
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三審判の請求を受けた事件について判決をせず、又は審判の請求を受けない事件について判決をしたこと。
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(iii)The court did not reach a judgment in a case for which a trial had been requested, or did reach a judgment in a case for which a trial had not been requested; or
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四判決に理由を附せず、又は理由にくいちがいがあること。
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(iv)The judgment was groundless, or there was a discrepancy regarding its grounds.
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Article 379Other than the cases set forth in the provisions of the preceding two articles, when an appeal to the court of second instance has been made on the grounds that there was a violation of laws and regulations in the court proceedings and it is clear that that violation has affected the judgment, facts which appear in the case records and evidence examined by the court of first instance which are sufficient to show that there was a violation of laws and regulations which would clearly affect the judgment shall be cited in the statement of the reasons for appeal.
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Article 380When an appeal to the court of second instance has been made on the grounds that there was an error in the application of laws and regulations and it is clear that that error has affected the judgment, the error and the fact that said error would clearly affect the judgment shall be indicated in the statement of the reasons for appeal.
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Article 381When an appeal to the court of second instance has been made on the grounds that a sentence is unreasonable, facts which appear in the case records and evidence examined by the court of first instance which are sufficient to show that the sentence is unreasonable shall be cited in the statement of the reasons for appeal.
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Article 382When an appeal to the court of second instance has been made on the grounds that there was an error in the finding of facts and it is clear that that error has affected the judgment, facts which appear in the case records and evidence examined by the court of first instance which are sufficient to show that there is an error which would clearly affect the judgment shall be cited in the statement of the reasons for appeal.
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Article 382-2(1)Facts which can be proven by evidence whose examination could not be requested before oral arguments were concluded due to unavoidable circumstances, and which are sufficient to show that there are grounds for an appeal to the court of second instance as set forth in the provisions of the two preceding articles may be cited in the statement of the reasons for appeal even if such facts do not appear in the case records or are based on evidence not examined by the court of first instance.
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(2)Facts which occurred before the rendering of a judgment and after the oral arguments were concluded in the first instance, and which are sufficient to show that there are grounds for appeal to the court of second instance as set forth in the provisions of the two preceding articles may be cited in the statement of the reasons for appeal even if such facts do not appear in the case records or are based on evidence not examined by the court of first instance.
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(3)In the cases set forth in the provisions of the two preceding paragraphs, the statement of the reasons for appeal to the court of second instance shall be accompanied by material which makes prima facie showing of the facts. In a case set forth in the provisions of the paragraph (1), the paper also shall be accompanied by material which makes prima facie showing that examination could not be requested due to unavoidable circumstances.
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一再審の請求をすることができる場合にあたる事由があること。
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(i)There are grounds on which it is possible to request a retrial; or
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二判決があつた後に刑の廃止若しくは変更又は大赦があつたこと。
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(ii)There was abolition or a change of punishment or a general pardon was granted after the judgment was rendered.
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一第三百七十六条第一項に定める期間内に控訴趣意書を差し出さないとき。
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(i)The statement of the reasons for appeal is not submitted within the period of time set forth in paragraph (1) of Article 378;
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二控訴趣意書がこの法律若しくは裁判所の規則で定める方式に違反しているとき、又は控訴趣意書にこの法律若しくは裁判所の規則の定めるところに従い必要な疎明資料若しくは保証書を添附しないとき。
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(ii)The statement of the reasons for appeal violates a form set forth in this Code or the Rules of Court, or the statement of the reasons for appeal is not accompanied by the necessary materials or a written guarantee pursuant to this Code or the Rules of Court; or
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三控訴趣意書に記載された控訴の申立の理由が、明らかに第三百七十七条乃至第三百八十二条及び第三百八十三条に規定する事由に該当しないとき。
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(iii)The grounds for appeal to the court of second instance in the statement of the reasons for appeal clearly do not apply to the items set forth in the provisions of Article 377 through Article 382 and Article 383.
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第三百九十条控訴審においては、被告人は、公判期日に出頭することを要しない。ただし、裁判所は、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、五万円)以下の罰金又は科料に当たる事件以外の事件について、被告人の出頭がその権利の保護のため重要であると認めるときは、被告人の出頭を命ずることができる。
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Article 390The accused need not appear at the trial at the court of second instance; provided, however, that for offenses other than those punishable by a fine not exceeding 500,000 yen (50,000 yen for offenses other than those prescribed in the Penal Code, the Law concerning Punishment of Physical Violence and Others and the Act on Penal Provisions related to Economic Activities, until otherwise stipulated) or a petty fine, the court may order him/her to appear when it deems this to be essential for the protection of his/her rights.
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Article 393(1)The court of second instance may conduct an examination of the facts upon the request of the public prosecutor, the accused, or his/her counsel or may do so ex officio when it is necessary for the examination set forth in the preceding article; provided, however, that the court of second instance shall examine the facts of which the public prosecutor, the accused, or his/her counsel has made prima facie showing only when this is indispensible to proving that the sentence is unreasonable or that there was an error in the finding of facts that would have affected the judgment.
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(3)The examination prescribed in the two preceding paragraphs may be carried out by a member of a judicial panel, or may be delegated to a judge of a district court, family court, or summary court. In this case, the commissioned or delegated judge shall have the same authority as a court or a presiding judge.
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Article 399When the court of second instance reverses the judgment of the court of first instance on the grounds that it unlawfully found jurisdiction, the case shall, on a judgment, be transferred to the court of first instance that has jurisdiction thereover; provided, however, that the court of second instance shall conduct the trial as the court of first instance when said court has jurisdiction over said case as the court of first instance.
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Article 400When the court of second instance reverses the judgment of the court of first instance on grounds other than those set forth in the preceding two articles, a judgment shall be rendered to remand the case to the court of first instance, or to transfer the case to a court which is equal to the court of first instance; provided, however, that the court of second instance may render an additional judgment on the case when it finds that it possible to do so based on the case records and the evidence examined by the court of first and second instances.
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第三章 上告
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Chapter III Final Appeal
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一憲法の違反があること又は憲法の解釈に誤があること。
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(i)There is a violation of the Constitution or an error in the interpretation of the Constitution;
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二最高裁判所の判例と相反する判断をしたこと。
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(ii)A determination has been rendered that conflicts with a Supreme Court precedent; or
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三最高裁判所の判例がない場合に、大審院若しくは上告裁判所たる高等裁判所の判例又はこの法律施行後の控訴裁判所たる高等裁判所の判例と相反する判断をしたこと。
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(iii)In the event that there is no Supreme court precedent, a determination has been rendered that conflicts with a precedent of the former Supreme Court (daishin'in) or a high court that was the court of the final appellate instance, or that conflicts with a precedent of a high court that was the court of second instance at a time after the enforcement date of this Act.
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Article 406The Supreme Court, as the final appellate instance, may accept a case that is deemed to involve important matters relating to the interpretation of laws and regulations pursuant to the Rules of Court, only before the judgment on the case has become final and binding, even if it is not a case in which a final appeal may be filed pursuant to the preceding Article.
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一判決に影響を及ぼすべき法令の違反があること。
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(i)There is a violation of laws and regulations which would have affected the judgment.
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二刑の量定が甚しく不当であること。
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(ii)The degree of punishment is seriously unfair;
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三判決に影響を及ぼすべき重大な事実の誤認があること。
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(iii)There is an erroneous finding of a material fact which would have affected the judgment.;
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四再審の請求をすることができる場合にあたる事由があること。
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(iv)There are grounds to request a retrial;
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五判決があつた後に刑の廃止若しくは変更又は大赦があつたこと。
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(v)There was abolition or a change of punishment or a general pardon was granted after the judgment was rendered.
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Article 413When the judgment of the court of first or second instance is reversed on grounds other than those prescribed in the preceding Article, a judgment shall be rendered to remit the case to the deciding court or the court of first instance or to remit the case to another court of the same level; provided, however, that the final appellate court may immediately render a further judgment on the case when it deems that it is possible do so based on the case records and the evidence examined in the deciding court and the court of first instance.
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Article 413-2The final appellate court may not reverse the judgment of the court of first instance that was rendered in the speedy trial procedure, on grounds as prescribed in item (iii) of Article 411 for which the relevant facts are probative of the crime indicated in the rendered judgment, notwithstanding the provisions of Article 411.
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Article 418The judgment of the final appellate court shall become final and binding when the period prescribed in Article 415 has elapsed since the date said judgment was rendered or when a request as prescribed in paragraph (1) of the same Article has been made within that period and a judgment for amendment or a ruling for dismissal of the request has been pronounced.
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第四章 抗告
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Chapter IV Kokoku-Appeal
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(2)The ruling court shall correct its ruling when it finds that there are grounds for appeal. It shall send the written application, along with its written opinion thereon, to the appellate court within three days of having received such the written application when it believes that there are no grounds for appeal in whole or in part.
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(3)The provisions concerning a kokoku-appeal shall apply mutatis mutandis to an objection as prescribed in the preceding paragraph. The provisions concerning an immediate appeal shall also apply mutatis mutandis to an objection against a ruling for which there are provisions to the effect that an immediate appeal may be filed.
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Article 429(1)A person who is dissatisfied with a decision rendered by a judge of a summary court may file a request with the district court with jurisdiction for said decision to be rescinded or altered, and a person who is dissatisfied with the decision rendered by a judge of another court may file a request with the court to which such judge is assigned for said decision to be rescinded or altered, when the judge renders one of the following decisions:
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一忌避の申立を却下する裁判
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(i)A decision dismissing a motion for recusal;
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二勾留、保釈、押収又は押収物の還付に関する裁判
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(ii)A decision regarding detention, bail, seizure, or the return of seized articles;
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三鑑定のため留置を命ずる裁判
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(iii)A decision ordering detention pending expert evaluation;
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四証人、鑑定人、通訳人又は翻訳人に対して過料又は費用の賠償を命ずる裁判
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(iv)A decision ordering a civil fine against or compensation of expenses for a witness, an expert witness, an interpreter, or a translator; or
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五身体の検査を受ける者に対して過料又は費用の賠償を命ずる裁判
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(v)A decision ordering a civil fine against or compensation of expenses for a person who is to undergo a body search.
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Article 430(1)A person who is dissatisfied with measures as prescribed in paragraph (3) of Article 39 or with measures concerning the seizure or return of seized articles undertaken by a public prosecutor or a public prosecutor's assistant officer may file a request with the court corresponding to the public prosecutor's office where such public prosecutor or public prosecutor's assistant officer is assigned that such measures be rescinded or altered.
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(2)A person who is dissatisfied with measures as prescribed in the preceding paragraph undertaken by a judicial police officer may file request with the district court or summary court which has jurisdiction over the place where such judicial police officer executes his/her duties for such measures to be rescinded or altered.
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第四編 再審
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Part IV Retrial
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一原判決の証拠となつた証拠書類又は証拠物が確定判決により偽造又は変造であつたことが証明されたとき。
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(i)It has been proven through a final and binding judgment that documentary or material evidence which served as evidence in the original judgment is false or has been altered;
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二原判決の証拠となつた証言、鑑定、通訳又は翻訳が確定判決により虚偽であつたことが証明されたとき。
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(ii)It has been proven through a final and binding judgment that testimony, expert evaluation, interpretation, or translation which served as evidence in the original judgment was false;
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三有罪の言渡を受けた者を誣告した罪が確定判決により証明されたとき。但し、誣告により有罪の言渡を受けたときに限る。
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(iii)It has been proven through a final and binding judgment that a person who has been found guilty was falsely accused; provided, however, that this shall only be when such person was found guilty on the basis of such false accusation;
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四原判決の証拠となつた裁判が確定裁判により変更されたとき。
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(iv)A decision which served as evidence in the original judgment has been altered by final and binding judgment;
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五特許権、実用新案権、意匠権又は商標権を害した罪により有罪の言渡をした事件について、その権利の無効の審決が確定したとき、又は無効の判決があつたとき。
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(v)With regard to cases where a person has been found guilty of criminal infringement of a patent right, utility model right, design right, or trademark right, a trial decision that voided such right has become final, or a judgment that voided such right has been rendered;
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六有罪の言渡を受けた者に対して無罪若しくは免訴を言い渡し、刑の言渡を受けた者に対して刑の免除を言い渡し、又は原判決において認めた罪より軽い罪を認めるべき明らかな証拠をあらたに発見したとき。
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(vi)Clear evidence which should make the court render an acquittal or a dismissal , for judicial bar to the person who has been sentenced, or make the court render a remission of punishment for the person to whom punishment has been rendered or make the court find a lesser crime than the crime which was found in the original judgment; or,
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七原判決に関与した裁判官、原判決の証拠となつた証拠書類の作成に関与した裁判官又は原判決の証拠となつた書面を作成し若しくは供述をした検察官、検察事務官若しくは司法警察職員が被告事件について職務に関する罪を犯したことが確定判決により証明されたとき。但し、原判決をする前に裁判官、検察官、検察事務官又は司法警察職員に対して公訴の提起があつた場合には、原判決をした裁判所がその事実を知らなかつたときに限る。
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(vii)It has been proven through a final and binding judgment that a judge who participated in the original judgment, a judge who participated in making documentary evidence which served as evidence in the original judgment, or the public prosecutor, public prosecutor's assistant officer, or judicial police officer who compiled a document or gave a statement which served as evidence in the original judgment, committed a crime with regard to his/her duty in the case; provided, however, that this shall be limited to when prosecution against such judge, public prosecutor, public prosecutor's assistant officer, or judicial police officer was instituted before rendition of the original judgment, and when the original court did not know such fact.
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一前条第一号又は第二号に規定する事由があるとき。
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(i)There are grounds as prescribed in item (i) or (ii) of the preceding Article; or,
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二原判決又はその証拠となつた証拠書類の作成に関与した裁判官について前条第七号に規定する事由があるとき。
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(ii)There are grounds as prescribed in item (vii) of the preceding Article, with regard to a judge who participated in the original judgment or drafted documentary evidence which was used in the original judgment.
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Article 437When the fact that the crime has been proven by a final and binding judgment pursuant to the provisions of the preceding two Articles should be the grounds for requesting a retrial, and when it is impossible to get such final and binding judgment, a retrial may be requested by proving said fact; provided, however, that this shall not apply when it is impossible to get such final judgment on the grounds that there is no evidence.
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一検察官
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(i)The public prosecutor;
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二有罪の言渡を受けた者
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(ii)The person who has been found guilty;
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三有罪の言渡を受けた者の法定代理人及び保佐人
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(iii)The legal representative or curator of the person who has been found guilty; or
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四有罪の言渡を受けた者が死亡し、又は心神喪失の状態に在る場合には、その配偶者、直系の親族及び兄弟姉妹
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(iv)The spouse, lineal relative, brother, or sister of the person who has been found guilty, in the event that said person is deceased or is in a state of insanity.
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Article 442The request for a retrial shall have no effect to suspend the execution of sentence; provided, however, that the public prosecutor of the public prosecutors office corresponding to the competent court may suspend the execution of sentence until a decision on the request for a retrial is made.
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Article 445The court that has received a request for a retrial may, when it deems necessary, request a judge on a judicial panel to conduct an examination of the facts to determine the grounds for the request for a retrial, or may delegate this to a judge of a district court, family court, or summary court. In this case, an authorized judge or a delegated judge shall have the same authority as a court or a presiding judge.
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Article 449(1)When a retrial has been requested against a final and binding judgment which dismissed an appeal and the judgment of first instance was made final and binding by the court of first instance rendered judgment a retrial, the court of second instance shall dismiss request for a retrial on a ruling.
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(2)When a retrial has been requested against a judgment which dismissed the final appeal against the judgment of first instance or second instance and the judgment in the first instance or second instance was made final and binding by such judgment, and the court of first instance or the court of second instance rendered the judgment of retrial, the court of final appellate instance shall dismiss the request for a retrial on a ruling.
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一死亡者又は回復の見込がない心神喪失者のために再審の請求がされたとき。
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(i)The request for a retrial is made for a person who is deceased or a person in a state of insanity
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二有罪の言渡を受けた者が、再審の判決がある前に、死亡し、又は心神喪失の状態に陥りその回復の見込がないとき。
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(ii)The person who has been found guilty dies or falls into a state of insanity with no prospect for recovery, before the judgment in the retrial.
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第五編 非常上告
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Part V Extraordinary Appeal
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一原判決が法令に違反したときは、その違反した部分を破棄する。但し、原判決が被告人のため不利益であるときは、これを破棄して、被告事件について更に判決をする。
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(i)When the original judgment was in violation of laws and regulations, the part of the judgment that violates any law or regulation shall be reversed; provided, however, that the court shall, when the original judgment was against the accused, render a further judgment on the charged case; and
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二訴訟手続が法令に違反したときは、その違反した手続を破棄する。
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(ii)When trial proceedings were in violation of laws and regulations, those proceedings shall be reversed.
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第六編 略式手続
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Part VI Summary Proceedings
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Article 461Upon the request of the public prosecutor and based on a summary order, the summary court may impose a fine or petty fine of not more than 1,000,000 yen before the trial, for cases under its jurisdiction. In this case, the summary court can suspend the sentence, order a confiscation, or take other supplementary measures.
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Article 461-2(1)The public prosecutor shall, when requesting a summary order, explain to the suspect the matters necessary for him/her to understand the summary proceedings, notify the suspect that he/she may be tried pursuant to regular provisions, and confirm that he/she has no objection to the application of summary proceedings.
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(2)After a public prosecutor has submitted the statement of agreement to a court pursuant to the provisions of the preceding paragraph, if the public prosecutor is notified by the party to the agreement before the court issues a summary order that the party is to pull out of the agreement pursuant to the provisions of Article 350-10, paragraph (2), the public prosecutor must submit to the court the document referred to in the same paragraph without delay.
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Article 464A summary order shall show the facts constituting the crime, the laws and regulations applied, the sentence to be imposed, and supplementary measures, and shall also give an indication to the effect that it is possible to request a formal trial within fourteen days from the date that notification of the summary order is given.
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第七編 裁判の執行
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Part VII Execution of l Decisions
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Article 472(1)The execution of a decision is to be directed by a public prosecutor of the public prosecutor's office corresponding to the court that rendered said decision; provided, however, that this shall not apply in the cases set forth in the proviso to paragraph (1) of Article 70, the proviso to paragraph (1) of Article 108, or any other case in which the court or judge should direct the execution of its decision.
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(2)In cases where the decision made by a lower court is to be executed due to a decision on appeal or due to the withdrawal of an appeal, execution of the decision of the lower court is to be directed by a public prosecutor of the public prosecutor's office corresponding to the appellate court; provided, however, that, where the case records are kept in the lower court or its corresponding public prosecutor's office, the execution is to be directed by a public prosecutor of that corresponding public prosecutor's office.
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Article 473The execution of decisions shall be directed in writing and a copy or extract of the written judgment or trial records which describe the court proceedings shall be attached thereto; provided, however, that, excluding a direction to execute a sentence, this may be done by affixing a seal of approval to the original written judgment, a copy or extract thereof, or a copy or extract of the trial records which describe the court proceedings.
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(2)The order set forth in the preceding paragraph shall be rendered within six months from the date when the judgment becomes final and binding; provided, however, that, where a request to restore the right to appeal or a request for a retrial, an extraordinary appeal, or an application or request for a pardon is made, the period before these proceedings have finished shall not be included in this period. Neither shall the period before the judgment becomes final nor binding for persons who are co-defendants be included in this period.
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Article 478The public prosecutor's assistant officer who attends the execution of the death penalty shall produce an execution report, and along with the signatures and seals of the public prosecutor and the warden of the penal institution or his/her agent, shall affix his/her signature and seal thereto.
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(3)In cases where execution of the death penalty has been suspended pursuant to the provisions of the preceding two paragraphs, the death penalty shall not be executed without an order from the Minister of Justice after the person has returned to a state of sanity or after such woman has given birth.
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Article 480When a person who has been sentenced to imprisonment with or without work or misdemeanor imprisonment without work is in a state of insanity, the execution of the sentence shall be suspended at the direction of either the public prosecutor of the public prosecutor's office which corresponds to the sentencing court or the public prosecutor of the local public prosecutor's office which has jurisdiction over the residence of the sentenced person at the time in question, until such a time as said person recovers.
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Article 481(1)In cases where execution of a sentence is suspended pursuant to the provisions of the preceding paragraph, the public prosecutor shall transfer the sentenced person to either a person under obligation to care for him/her or to the head of the local government, and have such a person deliver the sentenced person to a hospital or any other appropriate location.
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Article 482Where there are any of the reasons below for a person who has been sentenced to imprisonment with or without work or misdemeanor imprisonment without work, execution of the sentence may be suspended at the direction of the public prosecutor of the public prosecutor's office which corresponds to the sentencing court or at the direction of the public prosecutor of the local public prosecutor's office which has jurisdiction over the residence of the sentenced person at the time in question:
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一刑の執行によつて、著しく健康を害するとき、又は生命を保つことのできない虞があるとき。
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(i)Execution of the sentence is likely to damage the health of the person or it is feared that the person would not be able to survive its execution;
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二年齢七十年以上であるとき。
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(ii)The person is 70 years of age or older;
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三受胎後百五十日以上であるとき。
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(iii)The person is 150 days pregnant or more;
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四出産後六十日を経過しないとき。
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(iv)It is less than 60 days since the person gave birth;
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五刑の執行によつて回復することのできない不利益を生ずる虞があるとき。
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(v)It is feared that irrevocable harm will be caused due to execution of the sentence.
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六祖父母又は父母が年齢七十年以上又は重病若しくは不具で、他にこれを保護する親族がないとき。
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(vi)The person's grandparents or parents are 70 years of age or older, seriously ill or disabled, and there are no other relatives who can take care of them;
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七子又は孫が幼年で、他にこれを保護する親族がないとき。
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(vii)The person's child or grandchild is an infant and there are no other relatives who can take care of him/her;
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八その他重大な事由があるとき。
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(viii)There are other significant reasons.
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Article 484When a person who has been sentenced to death, imprisonment with or without work or a misdemeanor imprisonment without work is not under detention a public prosecutor shall summon that person. If that person does not respond to a summons, the public prosecutor shall issue a writ of commitment.
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Article 490(1)Decisions imposing a fine, petty fine, confiscation, collection of a sum of equivalent value in lieu of confiscation, non-penal fine, non-penal confiscation, compensation for costs, and provisional payment are to be executed by order of the public prosecutor. Such an order has the same effect as a title of obligation.
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(2)The execution of the decisions referred to in the preceding paragraph shall be carried out in accordance with the provisions of the Civil Execution Act (Act No. 4 of 1979) and any other laws concerning compulsory enforcement; provided, however, that the process of the decisions need not be served before their execution.
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Article 491When a person has been sentenced to confiscation, fines, or collection of a sum of equivalent value in lieu of confiscation in accordance with the provisions of laws and regulations on taxation and other public impositions and on monopolies, in the event that said person dies after the decision becomes final and binding, the sentence may be executed on said person's estate.
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Article 492When a juridical person has been sentenced to a fine, petty fine or collection of a sum of equivalent value in lieu of confiscation, and that juridical person is dissolved in a merger or consolidation after the decision becomes final and binding, the sentence may be executed on the company that survives the merger or on the consolidated company created in the consolidation.
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Article 493(1)In cases where the decisions are rendered for provisional payment in the first and second instances and the decision for provisional payment in the first instance has already been executed, execution of that decision shall be deemed to be execution of the final decision of provisional payment in the second instance, to the extent that said provisional payment was within the limit of the amount that was ordered to be paid in the decision for provisional payment in the second instance.
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(2)In the case set forth in the preceding paragraph, when the amount procured through the execution of the decision for provisional payment in the first instance exceeds the amount which was ordered to be paid in the decision for provisional payment in the second instance, such excess amount shall be returned.
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Article 494(1)In cases where the decision for a fine, petty fine, or collection of a sum of equivalent value in lieu of confiscation becomes final and binding after execution of the decision for provisional payment, the sentence shall be deemed to have been executed to the extent of that executed amount.
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一検察官が上訴を申し立てたとき。
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(i)A public prosecutor filed the appeal; or
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二検察官以外の者が上訴を申し立てた場合においてその上訴審において原判決が破棄されたとき。
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(ii)A person who was not the public prosecutor filed an appeal and the original judgment was reversed in the appellate instance.
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(2)When a counterfeit or altered article is not seized, it shall be submitted and shall be subject to the procedures set forth in the preceding paragraph; provided, however, that, when said article belongs to a public agency, said public agency shall be notified of the portion of said article which is counterfeit or altered, and said public agency shall take appropriate measures.
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(2)The preceding paragraph also applies when a seized article is to be returned pursuant to the provisions of Article 123, paragraph (1) or Article 124, paragraph (1) as applied mutatis mutandis pursuant to Article 222, paragraph (1) or the provisions of Article 220, paragraph (2).In this case, the term "public prosecutor" in the same paragraph is replaced with "public prosecutor or a judicial police officer."
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Article 499-2(1)The provisions of paragraph (1) of the preceding Article apply mutatis mutandis to delivery or copying pursuant to the provisions of Article 123, paragraph (3), and the provisions of paragraph (2) of the preceding Article apply mutatis mutandis to delivery or copying pursuant to the provisions of Article 123, paragraph (3) as applied mutatis mutandis pursuant to Article 220, paragraph (2) and Article 222, paragraph (1).
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(2)When a request for delivery or copying under the preceding paragraph is not made within six months from the day on which public notice is given pursuant to the provisions of paragraph (1) or (2) of the preceding Article as applied mutatis mutandis pursuant to the preceding paragraph, it is unnecessary to allow the delivery or copying.
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Article 500-3(1)In the execution of a decision on court costs, when there is an amount prepaid pursuant to the provisions of the preceding Article, a public prosecutor deducts an amount equivalent to the court costs from the prepaid amount and appropriate the amount to the payment of those court costs.
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一第三十八条の二の規定により弁護人の選任が効力を失つたとき。
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(i)when the appointment of a defense counsel ceases to be effective pursuant to the provisions of Article 38-2;
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二訴訟手続が終了する場合において、被告人に訴訟費用の負担を命ずる裁判がなされなかつたとき。
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(ii)when court proceedings are concluded and a decision to order the accused to bear court costs is not made; or
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三訴訟費用の負担を命ぜられた者が、訴訟費用の全部について、その裁判の執行の免除を受けたとき。
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(iii)when a person who has been ordered to bear court costs is exempted in whole from execution of the decision on the court costs.
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Article 506The costs for the execution of the decision prescribed in Article 490, paragraph (1) shall be borne by the person whose sentence is executed, and shall be collected at the same time as the execution in accordance with the provisions of the Civil Enforcement Act and other laws and regulations with regard to the procedures of compulsory execution.
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