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:平成二十三年法律第七十四号
Last Version: Act No. 74 of 2011
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▶第一編 総則
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▶第二編 第一審
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▶第三章 公判
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▶第二節 争点及び証拠の整理手続
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▶第一款 公判前整理手続
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令和3年8月25日
- 最終更新:令和元年法律第六十三号
- 翻訳日:令和3年6月30日
- 辞書バージョン:14.0
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令和1年8月8日
- 最終更新:平成二十三年法律第七十四号
- 翻訳日:平成23年12月1日
- 辞書バージョン:6.0
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平成25年3月27日
- 最終更新:平成十八年法律第三十六号
- 翻訳日:平成21年4月1日
- 辞書バージョン:2.0
刑事訴訟法(第一編第二編)
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Code of Criminal Procedure (Part I and Part II)
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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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第一編 総則
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Part I General Provisions
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第一章 裁判所の管轄
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Chapter I Jurisdiction of Courts
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(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.
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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.
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一一人が数罪を犯したとき。
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(i)one person has committed several crimes;
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二数人が共に同一又は別個の罪を犯したとき。
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(ii)several persons have committed the same crime or several separate crimes together;
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三数人が通謀して各別に罪を犯したとき。
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(iii)several persons have conspired with each other, and each of them has committed crimes separately.
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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。
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(i)the competent court of jurisdiction cannot be determined since the jurisdictional district is not clear;
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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。
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(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.
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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。
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(i)the competent court is unable to exercise its jurisdiction owing to legal reasons or special circumstances;
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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。
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(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.
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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.
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第二章 裁判所職員の除斥及び忌避
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Chapter II Disqualification and Recusal of Court Officials
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一裁判官が被害者であるとき。
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(i)the judge is the victim;
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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。
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(ii)the judge is or was a relative of the accused or the victim;
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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。
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(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;
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四裁判官が事件について証人又は鑑定人となつたとき。
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(iv)the judge has become a witness or an expert witness in the case;
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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。
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(v)the judge has become a representative, defense counsel or assistant for the accused in the case;
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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。
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(vi)the judge has executed its duties of a public prosecutor or a judicial police officer in the case;
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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。
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(vii)with regard to the case, the judge has participated in a ruling prescribed in Article 266, item (ii), summary order or the decision of the lower court, or in the original judgment of a case which was sent back or transferred pursuant to the provisions of Articles 398 to 400, 412, or 413, or in the examination of evidence which formed the basis of such decisions; provided, however, that this does not apply when said judge participated as a delegated judge.
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Article 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.
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(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.
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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.
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第三章 訴訟能力
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Chapter III Competence to Stand Trial
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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。
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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..
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第四章 弁護及び補佐
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Chapter IV Counsel and Assistants
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(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.
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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).
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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.
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(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.
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一被告人が未成年者であるとき。
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(i)the accused is a minor;
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二被告人が年齢七十年以上の者であるとき。
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(ii)the accused is over seventy years of age;
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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。
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(iii)the accused is unable to hear or speak;
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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。
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(iv)there is the possibility that the accused is insane or has diminished capacity;
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五その他必要と認めるとき。
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(v)it is deemed necessary for other reasons.
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Article 37-2(1)If a detention warrant is issued against the suspect with regard to a case punishable by the death penalty, life imprisonment, life imprisonment without work, or imprisonment or imprisonment without work whose maximum term is more than three years, and if the suspect is unable to appoint defense counsel due to indigence or any other grounds, the judge must appoint defense counsel for the suspect upon request; provided however, that this does not apply when defense counsel has been appointed by a person other than the suspect, or the suspect has been released.
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(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.
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(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.
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Article 37-4If a judge has issued a detention warrant for a suspect with regard to the cases provided for in Article 37-2, paragraph (1) and the suspect has no defense counsel, a judge may appoint defense counsel ex officio when deeming it to be necessary with regard to the suspect who is suspected of having difficulty in judging whether or not defense counsel is required due to a mental disability or any other grounds; provided however, that this does not apply when the suspect has been released.
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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.
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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。
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(i)it is no longer necessary to appoint defense counsel due to the fact that defense counsel has been appointed pursuant to the provisions of Article 30 or based on other reasons;
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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。
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(ii)there is a conflict of interests between the accused and the defense counsel, and it is inappropriate for the defense counsel to continue with its duties;
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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。
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(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;
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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。
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(iv)it is inappropriate to have the defense counsel continue with its duties due to the defense counsel substantially contravening its duties;
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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。
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(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.
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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).
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(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.
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(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.
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第五章 裁判
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Chapter V Judicial Decisions
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第六章 書類及び送達
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Chapter VI Documents and Service
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(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).
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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.
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(2)If the trial records of a trial date without the appearance of the accused and defense counsel have not been completed before the next trial date, the court clerk must inform, either on or before the next trial date, the accused or the defense counsel who has appeared of important particulars relating to the trial held on the previous trial date.
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(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.
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(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.
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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。
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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.
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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。
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(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.
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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。
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(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".
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第七章 期間
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Chapter VII Time Periods
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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.
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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。
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(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.
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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.
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第八章 被告人の召喚、勾引及び勾留
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Chapter VIII Summons, Subpoena and Detention of the Accused
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一被告人が定まつた住居を有しないとき。
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(i)the accused has no fixed residence;
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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。
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(ii)the accused, without a justifiable reason, disobeys the summons, or poses a risk of disobeying said summons.
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一被告人が定まつた住居を有しないとき。
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(i)the accused has no fixed residence;
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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。
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(ii)there is probable cause to suspect that the accused may conceal or destroy evidence;
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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。
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(iii)the accused has fled or there is probable cause to suspect that the accused may flee.
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(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).
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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。
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(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.
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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.
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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.
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(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.
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(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.
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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.
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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.
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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.
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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.
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(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.
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Article 76(1)If the accused has been subpoenaed, the accused must be immediately notified of an outline of the charged facts, that the accused has the right to appoint defense counsel, and that when unable to personally appoint defense counsel because of indigence or other reasons, the accused is entitled to request the court to appoint defense counsel instead; provided however, that if defense counsel has been appointed for the accused, only an outline of the charged facts need be given to the accused.
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Article 77(1)If the accused is to be detained, except when detained just after being arrested or subpoenaed, the accused must be immediately notified that the accused has the right to appoint defense counsel, and that when unable to personally appoint defense counsel because of indigence or other reasons, the accused is entitled to request the court to appoint defense counsel instead; provided however, that this does not apply when defense counsel has been appointed for the accused.
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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.
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(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.
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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.
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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.
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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.
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(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.
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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.
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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。
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(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;
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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あたる罪につき有罪の宣告を受けたことがあるとき。
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(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;
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三被告人が常習として長期三年以上の懲役又は禁錮にあたる罪を犯したものであるとき。
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(iii)the accused allegedly habitually committed a crime punishable by imprisonment or imprisonment without work whose maximum term was three years or more ;
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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。
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(iv)there is probable cause to suspect that the accused may conceal or destroy evidence;
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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。
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(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;
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六被告人の氏名又は住居が判らないとき。
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(vi)the name or residence of the accused is unknown.
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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。
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(i)the accused has been summoned but does not appear without a justifiable reason;
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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。
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(ii)the accused has fled or there is probable cause to suspect that the accused may flee;
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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。
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(iii)the accused has concealed or destroyed evidence or there is probable cause to suspect that the accused may conceal or destroy evidence;
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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。
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(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
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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。
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(v)the accused has violated the conditions set by the court such as restrictions on the place of residence.
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(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.
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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.
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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.
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(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.
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第九章 押収及び捜索
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Chapter IX Search and Seizure
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(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.
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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).
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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.
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(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.
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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.
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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):
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一衆議院若しくは参議院の議員又はその職に在つた者
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(i)a Member or ex-Member of the House of Representatives or the House of Councillors;
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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
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(ii)the Prime Minister, other Ministers of State or ex-Ministers of State.
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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.
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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.
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(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.
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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.
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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。
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(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;
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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。
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(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.
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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.
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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.
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(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.
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(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.
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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.
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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
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(i)places recognized as being frequently used for gambling, private lotteries or acts damaging to public morality;
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二旅館、飲食店その他夜間でも公衆が出入することができる場所。但し、公開した時間内に限る。
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(ii)hotels, restaurants or other places where the public are able to enter and leave at night; provided however, that this applies only to searches and seizures executed during the hours when said places are open to the public.
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Article 118The executing officer may, when suspending execution of the search warrant, if it is necessary, seizure warrant or warrant ordering the seizure of records created under a record copying order, shut down the place under execution or put said place under guard until the execution has been completed.
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(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.
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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.
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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.
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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).
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第十章 検証
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Chapter X Inspections
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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.
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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.
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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.
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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.
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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.
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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.
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第十一章 証人尋問
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Chapter XI Examination of Witnesses
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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.
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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):
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一衆議院若しくは参議院の議員又はその職に在つた者
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(i)a Member or ex-Member of the House of Representatives or the House of Councillors;
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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
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(ii)the Prime Minister, other Ministers of State or ex-Ministers of State.
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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
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(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;
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二自己の後見人、後見監督人又は保佐人
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(ii)said person's guardian, the supervisor of said person's guardian or said person's curator;
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三自己を後見人、後見監督人又は保佐人とする者
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(iii)a person for whom said person is a guardian, supervisor of a guardian or a curator.
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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.
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(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.
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Article 157-2(1)In the examination of a witness, if, taking into account the witness's age, mental or physical condition or other circumstances, it is found that the witness 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 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, and are unlikely to unduly influence the content of the testimony.
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(2)The person accompanying the witness in accordance with 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 which may unduly influence the content of the testimony.
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Article 157-3(1)In the examination of a witness, the court may, after hearing the opinions of the public prosecutor and the accused or the defense counsel, when taking into account the nature of the crime, the witness's age, mental or physical condition, the relationship with the accused, or due to other circumstances, it is found that the pressure which the witness is under is likely to negatively affect said witness's mental wellbeing while testifying in the presence of the accused (including cases using the method provided in paragraph (1) of the following Article) and when the court finds it appropriate, take measures so that the accused and the witness cannot be aware of each other's presence either from one side or from both sides; provided however, that measures to make it impossible for the accused to be aware of the presence the witness may only be taken when defense counsel is present.
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(2)In the examination of a witness, when the court finds it appropriate, taking into account the nature of the crime, the witness's age, mental or physical condition or the effect on said person's reputation or other circumstances, the court may, after hearing the opinions of the public prosecutor and the accused or the defense counsel, take measures so that court observers and the witness cannot be aware of each other's presence.
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Article 157-4(1)In the examination of a witness prescribed in the following items, the court may, when the court finds it appropriate, after hearing the opinions of the public prosecutor and the accused or the defense counsel, have the witness be present in a place other than the place where the judge and persons concerned in the case are present for examination of the witness (limited to the same premises), and examine the witness via means that allow for recognition of each other's presence and communication through the transmission of visual images and sound:
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一刑法第百七十六条から第百七十八条の二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前段の罪又はこれらの罪の未遂罪の被害者
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(i)the victim of the crimes or attempted crimes provided for in Articles 176 to 178-2, or 181, Articles 225 or Article 226-2, paragraph (3) (limited to cases with the purpose of indecency or marriage; the same applies in this item hereinafter), Article 227, paragraph (1) (limited to cases with the purpose of accessory to a person who commits the crime provided for in Article 225 or Article 226-2, paragraph (3)) or paragraph (3) (limited to cases with the purpose of indecency), or the first sentence of Article 241 of the Penal Code;
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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処罰及び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
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(ii)the victim of the crimes provided for in Article 60, paragraph (1) or in paragraph (2) of the same Article pertaining to Article 34, paragraph (1), item (ix) of the Child Welfare Act (Act No. 164, 1947), or Articles 4 to 8 of the Act on Punishing Activities Relating to Child Prostitution and Child Pornography, and the Protection of Children (Act No. 512, 1999);
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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
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(iii)in addition to those prescribed in the preceding two items, a person who, taking into account the nature of the crime, said person's age, mental or physical condition, the relationship with the accused, or due to other circumstances, is likely to be under pressure and whose mental wellbeing would be negatively affected while testifying at the place where the judge and persons concerned in the case are present for examination of the witness.
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(2)In the examination of a witness using the measures prescribed in the preceding paragraph, the court may, when it is supposed that the witness will be requested to testify on the same facts again in another criminal procedure, after hearing the opinions of the public prosecutor and the accused or the defense counsel and with the consent of the witness, record the examination, the testimony and the circumstances surrounding the witness on a recording medium (limited to that which is able to record images and sound simultaneously).
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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.
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第十二章 鑑定
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Chapter XII Expert Evidence
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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.
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(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.
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第十三章 通訳及び翻訳
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Chapter XIII Interpretation and Translation
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第十四章 証拠保全
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Chapter XIV Preservation of Evidence
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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.
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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.
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第十五章 訴訟費用
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Chapter XV Court Costs
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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.
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第十六章 費用の補償
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Chapter XVI Compensation of Costs
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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.
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(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.
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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.
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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.
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(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.
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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。
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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.
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第二編 第一審
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Part II First Instance
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第一章 捜査
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Chapter I Inquiry and Investigation
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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.
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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.
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(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.
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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.
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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。
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(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.
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(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.
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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.
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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。
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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.
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(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.
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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.
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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.
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(3)When a judicial police officer informs a suspect of the fact that the suspect may appoint defense counsel in accordance with the provisions of paragraph (1) for the case provided for in Article 37-2, paragraph (1), the judicial police officer must also inform the suspect that, if a request for further detention of the suspect is made, the suspect may request the judge to appoint defense counsel when the suspect is unable to personally appoint defense counsel because of indigence or other reasons and that when requesting the judge for appointment of defense counsel the suspect must submit a report on personal financial resources; and if the suspect's Financial Resources are equal to or above the base amount, the suspect must have first requested a bar association (the bar association to which the request of Article 31-2, paragraph (1) in accordance with Article 37-3, paragraph (2) is to be made) to appoint defense counsel.
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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 limitation, said prosecutor does not be required to request detention.
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(2)When a public prosecutor informs a suspect of the fact that the suspect may appoint defense counsel in accordance with the provisions of the preceding paragraph for the case provided for in Article 37-2, paragraph (1), said prosecutor must also inform the suspect that, if a request for further detention of the suspect is made, the suspect may request the judge to appoint defense counsel when the suspect is unable to personally appoint defense counsel because of indigence or other reasons and that when requesting the judge for appointment of defense counsel the suspect must submit a report on personal financial resources; and if the suspect's Financial Resources are equal to or above the base amount, the suspect must have first requested a bar association (the bar association to which the request of Article 31-2, paragraph (1) in accordance with Article 37-3, paragraph (2) is to be made) to appoint defense counsel.
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Article 205(1)When a public prosecutor has received a suspect referred pursuant to the provisions of Article 203, said prosecutor must give the suspect an opportunity for explanation and 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 24 hours of receiving the suspect when believing that it is necessary to detain the suspect.
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(5)The provisions of paragraph (2) of the preceding Article apply mutatis mutandis to cases where a public prosecutor gives an opportunity for explanation to a suspect who has been arrested regarding a case other than the case provided for in Article 37-2, paragraph (1) and was referred regarding a case provided for in the same paragraph in accordance with the provisions of Article 203; provided however, that this does not apply when the suspect already has a defense counsel.
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(2)When informing the suspect whose detention has been required with regard to the case provided for in Article 37-2, paragraph (1) of the alleged facts of the crime, the judge set forth in the preceding paragraph must inform the suspect that the suspect may appoint defense counsel and that when the suspect is unable to personally appoint defense counsel because of indigence or other reasons, the suspect may request that defense counsel be appointed for said person; provided however, that this does not apply when the suspect already has defense counsel.
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(3)When a judge informs a suspect of the fact that the suspect may request that defense counsel be appointed for said person in accordance with the provisions of the preceding paragraph, said judge must also inform the suspect of the fact that the suspect must submit a report on personal financial resources when requesting that defense counsel be appointed; and if the suspect's Financial Resources are equal to or are above the base amount, the suspect must have first requested a bar association (the bar association to which the request of Article 31-2, paragraph (1) in accordance with the provisions of Article 37-3, paragraph (2) is to be made) to appoint defense counsel.
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(4)If a judge has received the request for detention set forth in paragraph (1), said judge must promptly issue a detention warrant; provided however, that when the judge deems that there are no grounds for detention or when a detention warrant cannot be issued pursuant to the provisions of paragraph (2) of the preceding Article, said judge must immediately order the release of the suspect without issuing a detention warrant.
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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。
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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.
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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.
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一犯人として追呼されているとき。
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(i)a person being engaged in fresh pursuit;
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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。
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(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;
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三身体又は被服に犯罪の顕著な証跡があるとき。
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(iii)a person with visible traces of the offense on said person's body or clothing;
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四誰何されて逃走しようとするとき。
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(iv)A person who attempts to run away when challenged.
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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.
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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。
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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.
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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.
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(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.
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(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.
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(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.
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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.
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(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.
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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:
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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。
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(i)entry into the residence of another person, or the premises, buildings or vessels guarded by another person to search for a suspect;
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二逮捕の現場で差押、捜索又は検証をすること。
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(ii)search, seizure or inspection on the spot at the arrest of a suspect.
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(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.
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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。
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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.
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(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.
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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.
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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.
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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.
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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.
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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.
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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.
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一刑法第百七十六条から第百七十八条まで、第二百二十五条若しくは第二百二十七条第一項(第二百二十五条の罪を犯した者を幇助する目的に係る部分に限る。)若しくは第三項の罪又はこれらの罪に係る未遂罪につき行う告訴
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(i)a criminal complaint concerning the offenses proscribed in Articles 176 to 178, 225 or Article 227, paragraph (1) (limited to offenses committed for the purpose of assisting the person who committed the offense of Article 225) or paragraph (3) of the Penal Code, or a criminal complaint with regard to attempts of these offenses;
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二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
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(ii)a criminal complaint made by the representative of a foreign power pursuant to the provisions of Article 232, paragraph (2) of the Penal Code or a criminal complaint made with regard to an offense against a foreign mission sent to Japan as prescribed in Article 230 or 231 of the Penal Code, by such mission.
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(2)A criminal complaint in the case prescribed in the proviso to Article 229 of the Penal Code may not be valid unless it is made within six months from the day on which a decision declaring the marriage void or annulling it became final.
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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.
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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.
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第二章 公訴
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Chapter II Prosecution
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一無期の懲役又は禁錮に当たる罪については三十年
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(i)30 years for crimes punishable with life imprisonment or life imprisonment without work;
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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
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(ii)20 years for crimes punishable with imprisonment or imprisonment without work whose maximum term is 20 years;
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三前二号に掲げる罪以外の罪については十年
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(iii)10 years for crimes other than the crimes provided for in the preceding two items.
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一死刑に当たる罪については二十五年
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(i)25 years for offenses punishable by the death penalty;
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二無期の懲役又は禁錮に当たる罪については十五年
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(ii)15 years for offenses punishable with life imprisonment or life imprisonment without work;
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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
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(iii)10 years for offenses punishable with imprisonment or imprisonment without work whose maximum term is 15 years or more;
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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
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(iv)7 years for offenses punishable with imprisonment or imprisonment without work whose maximum term is less than 15 years;
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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
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(v)5 years for offenses punishable with imprisonment or imprisonment without work whose maximum term is less than 10 years;
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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
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(vi)3 years for offenses punishable with imprisonment or imprisonment without work whose maximum term is less than 5 years or with a fine;
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七拘留又は科料に当たる罪については一年
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(vii)1 year for offenses punishable with penal detention or with a petty fine.
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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.
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一被告人の氏名その他被告人を特定するに足りる事項
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(i)the name of the accused and other particulars necessary to specify the accused;
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二公訴事実
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(ii)the charged facts;
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三罪名
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(iii)the charged offense.
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(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.
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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.
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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.
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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.
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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。
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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.
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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。
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(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;
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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。
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(ii)where the request is well-grounded, the case is committed to the competent district court for trial.
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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。
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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.
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(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.
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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.
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第三章 公判
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Chapter III Public Trials
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第一節 公判準備及び公判手続
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Section 1 Trial Preparation and Trial Proceedings
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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.
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(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.
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(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.
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(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.
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(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.
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Article 281-2The court may dismiss the accused during examination of the witness on a day other than the trial date, upon hearing the opinions of the public prosecutor and the defense counsel, when there is the fear that the witness may feel pressure and will be unable to give sufficient testimony in the presence of the accused (including cases where the measures prescribed in Article 157-3, paragraph (1) or the means prescribed in Article 157-4, paragraph (1) are taken), and only when the defense counsel is present. In this case, the court must give the accused an outline of the testimony after the witness has testified, and give the accused an opportunity to examine the witness.
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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.
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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:
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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
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(i)proceedings of said case charged to the court or other proceedings for a trial related to said case charged to the court;
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二当該被告事件に関する次に掲げる手続
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(ii)the following procedures related to said case charged to the court:
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イ第一編第十六章の規定による費用の補償の手続
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(a)procedures for the compensation of expenses provided in Book I, Chapter XVI;
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ロ第三百四十九条第一項の請求があつた場合の手続
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(b)a hearing on the request of Article 349, paragraph (1);
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ハ第三百五十条の請求があつた場合の手続
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(c)procedures for the request of Article 350;
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ニ上訴権回復の請求の手続
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(d)procedures for request for recovery of the right of appeal;
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ホ再審の請求の手続
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(e)procedures for request for a retrial;
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ヘ非常上告の手続
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(f)procedures for an extraordinary appeal to the court of last resort;
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ト第五百条第一項の申立ての手続
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(g)procedures for the petition in Article 500, paragraph (1);
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チ第五百二条の申立ての手続
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(h)procedures for the filing of the objection in Article 502;
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リ刑事補償法の規定による補償の請求の手続
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(i)procedures for the request for compensation under the Criminal Compensation Act.
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(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.
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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.
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(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.
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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。
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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.
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Article 285(1)The accused must appear on the trial date when judgment is to be pronounced for cases in which penal detention is applicable. The court may permit the accused not to appear on the other trial dates when the court deems that the attendance of the accused is not important for defense of the rights of the accused.
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2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。
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(2)The accused must appear on the trial date if said accused is liable for punishment of imprisonment or imprisonment without work whose maximum term is not more than three years, or a fine of more than 500,000 yen (50,000 yen for the time being in cases other than violation of the Penal Code, the Act on Punishment of Physical Violence and Others and the Act on Penal Provisions related to Economic Activities) during the proceedings prescribed in Article 291 and the sentencing. The other trial dates are to be governed by the second sentence of the preceding paragraph.
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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.
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Article 290-2(1)In handling the following cases, if a request is made by the victim or others of such case (meaning the victim or if the victim has died or suffers from a serious physical or mental disorder, said victim's spouse, a lineal relative, sibling; the same applies hereinafter), the legal representative for such victim or an attorney who has been entrusted by such persons, and when the court finds it appropriate after hearing the opinions of the accused or the defense counsel, it may render a ruling to such effect that particulars identifying the victim (meaning the name and address of the victim or other particulars which will identify the victim of such case; the same applies hereinafter) not be disclosed in an open court:
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一刑法第百七十六条から第百七十八条の二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の罪又はこれらの罪の未遂罪に係る事件
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(i)cases involving the crimes provided for under Articles 176 through 178-2 or Article 181 of the Penal Code, the crimes provided for under Article 225 or Article 226-2, paragraph (3) of the same Code (limited to cases with the purpose of indecency or marriage; the same applies in this item hereinafter) or the crimes provided for under Article 227, paragraph (1) (limited to cases with the purpose of accessory to the person who commits the offense provided for under Article 225 or Article 226-2, paragraph (3)) or paragraph (3) (limited to cases with the purpose of indecency), or Article 241 of the same Code or attempts of these crimes;
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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処罰及び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
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(ii)cases involving the crimes provided for in Article 60, paragraph (1) of the Child Welfare Act or the crimes provided for in Article 60, paragraph (2) of the same Act as it relates to Article 34, paragraph (1), item (ix) of the same Act, or the crimes provided for in Articles 4 through 8 of the Act on Punishment of Activities Relating to Child Prostitution and Child Pornography, and the Protection of Children;
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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
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(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.
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(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.
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(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.
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(2)Where the ruling set forth under paragraph (1) or paragraph (3) of the preceding Article has been rendered, the reading of the charging sheet set forth in the preceding paragraph is to be performed by a method whereby particulars that identify the victim are not disclosed.In this case, the public prosecutor must show the charging sheet to the accused.
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(3)The presiding judge must, after the charging sheet has been read out, notify the accused that said accused may remain silent at all times or may refuse to answer particular questions, and other necessary particulars provided for in the Rules of Court to protect the rights of the accused, and must afford the accused and the defense counsel an opportunity to make a statement concerning the case.
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Article 291-2When the accused has entered a guilty plea for the charging sheet during the proceedings prescribed in paragraph (3) of the preceding Article, the court may, upon hearing the opinions of the public prosecutor, the accused and the defense counsel, rule to try the case by a summary criminal trial only with regard to the counts for which the accused has entered a guilty plea; provided however, that this does not apply to cases punishable by the death penalty, life imprisonment, life imprisonment without work, or imprisonment or imprisonment without work whose minimum term is not less than one year.
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(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.
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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.
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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。
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(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.
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(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.
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(4)Where the public prosecutor or attorney acting as defense counsel, who is subject to an order pursuant to the provisions of the preceding three paragraphs, disobeys the order, the court may 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 may request that appropriate measures be taken.
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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.
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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.
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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。
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Article 299-2When providing the opportunity to learn of the name and address of a witness, expert witness, interpreter or translator, or the opportunity to inspect documentary or material evidence, pursuant to the provisions of paragraph (1) of the preceding Article, the public prosecutor or the defense counsel may, when they find a risk of physical or property harm, threat or confusion to the witness, expert witness, interpreter, translator, those whose names appear on the documentary or material evidence, or relatives of such persons, notify the opponent of such risk and request particular care be taken so that the address, work place and ordinary whereabouts of these persons are not disclosed to those involved in the case (including the accused) and that the safety of such persons is not otherwise threatened, unless such particulars are necessary for proof of the offense or the criminal investigation, or for the defense of the accused.
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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。
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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.
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(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.
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Article 304-2When examining a witness and finding that the witness is unable to testify sufficiently owing to the pressure of being in the presence of the accused (including cases where the measures prescribed in Article 157-3, paragraph (1) or the means prescribed in Article 157-4, paragraph (1) 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 defense counsel is present. After the witness has testified, the court must let the accused enter the courtroom, give the accused an outline of the testimony and give said person the opportunity to examine the witness.
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Article 305(1)When examining documentary evidence upon the request of the public prosecutor, the accused or the defense counsel, the presiding judge must order the person who has made the request to read the documents out loud; provided however, that the presiding judge may personally read them out, or have an associate judge or court clerk do so.
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(4)When examining a written statement, part of which contains a recording medium pursuant to the provisions of Article 157-4, paragraph (3), the medium is to be played in lieu of being read out as prescribed in paragraph (1) or (2); provided however, that the presiding judge may, when said judge finds it appropriate after hearing the opinions of the public prosecutor and the accused or the defense counsel, order said person who has requested the examination of that written statement, an associate judge or court clerk to state the contents of the document, or may personally state the contents, instead of playing the recording medium.
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(5)The court may, when playing the medium prescribed in Article 157-4, paragraph (3) under the provisions of the preceding paragraph, and when finding it necessary, take the measures prescribed in Article 157-3 after hearing the opinions of the public prosecutor and the accused or the defense counsel.
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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.
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(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.
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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.
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(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.
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第二節 争点及び証拠の整理手続
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Section 2 Proceedings for Arranging Issues and Evidence
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第一款 公判前整理手続
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Subsection 1 Pretrial Arrangement Proceedings
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第一目 通則
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Division 1 General Rules
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Article 316-2(1)When the court deems it necessary to conduct productive proceedings of a trial consecutively, systematically and speedily, the court may, after hearing the opinions of the public prosecutor and the accused or the defense counsel and prior to the first trial date, order on a ruling that the case be subject to a pretrial arrangement proceeding as trial preparation for arrangement of the issues and evidence of the case.
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一訴因又は罰条を明確にさせること。
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(i)clarification of the counts or applicable penal statutes;
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二訴因又は罰条の追加、撤回又は変更を許すこと。
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(ii)permission for addition, withdrawal or alteration of the counts or applicable penal statutes;
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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。
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(iii)arrangement of the issues of the case by having the allegation, which is planned to be given on the trial date, disclosed;
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四証拠調べの請求をさせること。
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(iv)having a request for examination of evidence made;
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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。
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(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;
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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。
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(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);
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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。
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(vii)rendering of a ruling to examine the evidence or dismiss the request for examination of evidence;
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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。
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(viii)decision on the order and method of examining the evidence for which a ruling for examination has been made;
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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。
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(ix)rendering of a ruling on the filing of an objection against the examination of evidence;
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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。
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(x)rendering of a ruling on the disclosure of evidence pursuant to the provisions of division 3;
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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。
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(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;
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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。
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(xii)setting or changing of the trial dates and a decision on other necessary particulars for the proceedings of the trial.
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(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.
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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.
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第二目 争点及び証拠の整理
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Division 2 Arrangement of Issues and Evidence
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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.
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Article 316-14The public prosecutor must promptly disclose the evidence which said prosecutor has requested to be examined pursuant to the provisions of paragraph (2) of the preceding Article (hereinafter referred to as an "Evidence for Examination Requested by the Public Prosecutor") to the accused or the defense counsel by the following means according to each category:
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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。
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(i)in the case of documentary evidence or articles of evidence, an opportunity is given to inspect (inspect and copy for the defense counsel) the documentary evidence or the articles of evidence;
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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(供述書、供述を録取した書面で供述者の署名若しくは押印のあるもの又は映像若しくは音声を記録することができる記録媒体であつて供述を記録したものをいう。以下同じ。)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。
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(ii)in the case of a witness, expert witness, interpreter or translator, an opportunity is given to learn of their names and addresses and to inspect (inspect and copy for the defense counsel) their recorded statement documents ("recorded statement documents" means a written statement, or a statement which has been recorded and taken down in writing and has the signature or seal of the person making the statement or a recording medium which is able to record images or sound and on which the statement has been recorded; the same applies hereinafter) 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).
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第三百十六条の十五検察官は、前条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、同条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。
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Article 316-15(1)With regard to evidence other than that which has been disclosed pursuant to the provisions of the preceding Article, belonging to any category of evidence provided in the following items and which is deemed to be important to judge the credibility of particular Evidence for Examination Requested by the Public Prosecutor, the public prosecutor must, upon the request of disclosure by the accused or the defense counsel, promptly disclose it by the means prescribed in item (i) of the same Article when said prosecutor finds it appropriate considering the extent of the importance, other necessities for disclosure in order to prepare for the defense of the accused and the contents and the extent of possible harmful effects of disclosure.In this case, the public prosecutor may, if deeming it necessary, designate the time or means of disclosure or set appropriate conditions for said disclosure:
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一証拠物
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(i)articles of evidence;
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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
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(ii)documents describing the results of the inspection by the court or the judge prescribed in Article 321, paragraph (2);
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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
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(iii)documents prescribed in Article 321, paragraph (3) or equivalent documents;
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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
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(iv)documents prescribed in Article 321, paragraph (4) or related documents;
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五次に掲げる者の供述録取書等
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(v)recorded statement documents of:
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イ検察官が証人として尋問を請求した者
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(a)any person whom the public prosecutor has requested for examination as a witness;
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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
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(b)any person who has made a statement in the recorded statement documents, which the public prosecutor requested for examination, and whom the public prosecutor intends to request for examination as a witness if the recorded statement documents are not given the consent for examination prescribed in Article 326;
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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
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(vi)in addition to those provided in the preceding items, the documents of recorded statements of a person other than the accused which contains a statement relating to the existence of a fact which the public prosecutor plans to prove directly by the particular Evidence for Examination Requested by the Public Prosecutor;
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七被告人の供述録取書等
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(vii)documents of recorded statements of the accused;
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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(被告人に係るものに限る。)
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(viii)a document which a public prosecutor, a public prosecutor's assistant officer or a judicial police official is obliged to make officially in accordance with the rules relating to the interrogation records and which contains the date, time, place and other details of the interrogation of the person in custody (limited to those relating to the accused).
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一前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
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(i)a category of evidence as provided in each item of the preceding paragraph and particulars to identify the evidence which said person is requesting for disclosure;
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二事案の内容、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
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(ii)the importance of the evidence which is requested for disclosure in judging the credibility of the particular Evidence for Examination Requested by the Public Prosecutor and other reasons why the disclosure is necessary for preparation of the defense of the accused according to the context of the factual background, facts planned to be proven by said particular Evidence for Examination Requested by the Public Prosecutor, the connection between the evidence which is requested for disclosure and said particular Evidence for Examination Requested by the Public Prosecutor and other facts.
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Article 316-16(1)When the accused or the defense counsel receives the documents prescribed in Article 316-13, paragraph (1) and said person has received the disclosure of evidence which should be disclosed pursuant to the provisions of Article 316-14 and paragraph (1) of the preceding Article, with regard to the Evidence for Examination Requested by the Public Prosecutor, the accused or the counsel of the accused must 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.
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Article 316-17(1)When the accused or the defense counsel receives the documents prescribed in Article 316-13, paragraph (1) and said person is disclosed evidence that should be disclosed pursuant to the provisions of Article 316-14 and Article 316-15, paragraph (1) and when said person plans to prove certain facts or intends to put forth other factual or legal allegations on the trial date, said person must clearly reveal them.In this case, the provisions of the second sentence of Article 316-13, paragraph (1) apply mutatis mutandis.
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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。
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(i)in the case of documentary evidence or articles of evidence, an opportunity is given to inspect and copy the documentary evidence or the articles of evidence;
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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。
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(ii)in the case of a witness, expert witness, interpreter or translator, an opportunity is given to learn of their names and addresses and to inspect and copy their recorded statement documents which reveal the content of that which they are supposed to state on the trial date (documents which contain an outline of the content that they are supposed to state on the trial date when there are no such recorded statement documents or when such materials are deemed inappropriate for inspection).
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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.
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Article 316-20(1)With regard to evidence other than that which has been disclosed pursuant to the provisions of Article 316-14 and Article 316-15, paragraph (1) and which is deemed to be connected to the allegation prescribed in Article 316-17, paragraph (1), the public prosecutor must, upon the request of disclosure by the accused or the defense counsel, promptly disclose it by the means prescribed in Article 316-14, item (i) when said prosecutor finds it appropriate considering the extent of the connection, other necessities for disclosure in order to prepare for the defense of the accused, and the contents and the extent of possible harmful effects of disclosure.In this case, the public prosecutor may, if deeming it necessary, designate the time or means of disclosure or set appropriate conditions for said disclosure.
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一開示の請求に係る証拠を識別するに足りる事項
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(i)particulars to identify the evidence which said person is requesting for disclosure;
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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
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(ii)the connection between the allegation prescribed in Article 316-17, paragraph (1) and the evidence which is requested for disclosure and other reasons why said disclosure is necessary to prepare for the defense of the accused.
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Article 316-21(1)If the public prosecutor deems it necessary to add or alter facts planned to be proven after the proceedings prescribed in Articles 316-13 to 316-20 have been completed, said prosecutor must promptly submit a document in which the addition or alteration in the facts to be proved are described to the court and send it to the accused or the defense counsel.In this case, the provisions of the second sentence of Article 316-13, paragraph (1) apply mutatis mutandis.
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(2)When the public prosecutor deems it necessary to add a request for examination of evidence which will be used to prove facts planned to be proven, said prosecutor must promptly request examination of the evidence to be added.In this case, the provisions of Article 316-13, paragraph (3) apply mutatis mutandis.
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Article 316-22(1)If the accused or the defense counsel deems it necessary to add or alter the allegations prescribed in Article 316-17, paragraph (1) after the proceedings prescribed in Articles 316-13 to 316-20 have been completed, said person must promptly clearly indicate the court and the public prosecutor of the addition or alteration in the allegations.In this case, the provisions of the second sentence of Article 316-13, paragraph (1) apply mutatis mutandis.
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(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.
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第三目 証拠開示に関する裁定
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Division 3 Ruling Relating to the Disclosure of Evidence
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Article 316-25(1)When the court deems it necessary according to the extent of necessity for the disclosure of evidence, the possible harmful effects of disclosure and other factors, it may designate the time or the means of the disclosure of evidence or set appropriate conditions for the disclosure, upon the request of the public prosecutor for evidence which should be disclosed pursuant to the provisions of Article 316-14 (including cases to which these provisions apply mutatis mutandis pursuant to the provisions of Article 316-21, paragraph (4)) and upon the request of the accused or the defense counsel for evidence which should be disclosed pursuant to the provisions of Article 316-18 (including cases to which these provisions apply mutatis mutandis pursuant to the provisions of Article 316-22, paragraph (4)) on a ruling.
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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若しくは第三百十六条の十五第一項(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。
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Article 316-26(1)When the court deems that the public prosecutor has not disclosed the evidence which was to be disclosed pursuant to the provisions of Article 316-14, Article 316-15, paragraph (1) (including cases in which these provisions apply mutatis mutandis pursuant to the provisions of Article 316-21, paragraph (4)) or the provisions of Article 316-20, paragraph (1) (including cases in which these provisions apply mutatis mutandis pursuant to the provisions of Article 316-22, paragraph (5)) or that the accused or the defense counsel has not disclosed the evidence which was to be disclosed pursuant to the provisions of Article 316-18 (including cases in which these provisions apply mutatis mutandis pursuant to the provisions of Article 316-22, paragraph (4)), it must, upon the request of the opponent, order the disclosure of evidence on a ruling.In this case, the court may designate the time or the means of the disclosure of evidence or set appropriate conditions for the disclosure.
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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.
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(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.
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(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.
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第二款 期日間整理手続
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Subsection 2 Inter-trial Arrangement Proceedings
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Article 316-28(1)If the court deems it necessary during the course of the proceedings, the court may, after hearing the opinions of the public prosecutor and the accused or the defense counsel and after the first trial date, order on a ruling that the case be subject to an inter-trial arrangement proceeding as trial preparation for arrangement of the issues and evidence of the case.
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(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."
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第三款 公判手続の特例
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Subsection 3 Special Provisions for Trial Proceedings
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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.
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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.
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第三節 被害者参加
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Section 3 Victim Participation
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Article 316-33(1)The court may, when it finds appropriate, make a ruling to allow the victim or others, or the legal representative of said victim to participate in the proceedings of the case after hearing the opinions of the accused or the defense counsel and taking the nature of the crime, the relationship with the accused and other circumstances into consideration if the victim or others concerned in the case involving the following crimes, or the legal representative of said victim or an attorney who has been entrusted by said persons makes a request to participate in the proceedings of the case:
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一故意の犯罪行為により人を死傷させた罪
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(i)crimes causing death or injury to a person through an intentional criminal act;
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二刑法第百七十六条から第百七十八条まで、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
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(ii)crimes provided for in Articles 176 through 178, Article 211, Article 220 or Articles 224 through 227 of the Penal Code;
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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。)
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(iii)in addition to the crimes given in the preceding item, crimes where the criminal acts include criminal acts of these crimes (except for the crimes given in item (i));
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四前三号に掲げる罪の未遂罪
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(iv)attempts of the crimes given in the preceding three items.
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(3)The court must, when it has become clear that the person allowed to participate in the proceedings of the case pursuant to the provisions of paragraph (1) (hereinafter referred to as the "Participating Victim") was not or no longer is the victim or others, or legal representative of said victim in said case, or where said case no longer falls under the category of a case that involves a crime given in any of the items of the same paragraph owing to the applicable penal statute being withdrawn or altered pursuant to the provisions of Article 312, rule to revoke the ruling set forth under the same paragraph. The same applies when it is deemed inappropriate to allow participation in the proceedings of the case taking into account the nature of the crime, the relationship with the accused and other circumstances.
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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.
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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.
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(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.
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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.
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(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.
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(3)Other than the cases provided for in Article 295, paragraph (1) and paragraph (3), the presiding judge may place restrictions on the questions if the questions to be asked by the Participating Victim or entrusted attorney are particulars which are irrelevant for the purpose of the statement of opinion provided for in paragraph (1).
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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.
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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。
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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.
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(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.
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(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.
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(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.
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(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,.
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第四節 証拠
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Section 4 Evidence
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一裁判官の面前(第百五十七条の四第一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つた供述をしたとき。
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(i)with regard to a document which contains a statement given before a judge (including those through the methods prescribed in Article 157-4, paragraph (1)), when the person who has made that statement is unable to testify on the trial date or in the trial preparation, due to death, a mental or physical disorder, their whereabouts being unknown or being out of the country, or when the person has given testimony on the trial date or in trial preparation that is inconsistent with a previous statement;
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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つた供述をしたとき。但し、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。
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(ii)with regard to a document which contains a statement given before a public prosecutor, when the person who has made that statement is unable to testify on the trial date or in the trial preparation, due to death, a mental or physical disorder, their whereabouts being unknown or being out of the country, or when the person has given testimony on the trial date or in the trial preparation that conflicts with or substantially differs from a previous statement; provided however, that this is limited to cases where the previous statement was made under special circumstances that afford a previous statement more credible than the statement given at the trial or in the trial preparation;
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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、且つ、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。但し、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。
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(iii)with regard to a document other than those prescribed in the preceding two items, when the person who has given the statement is unable to testify on the trial date or in the trial preparation, due to death, their whereabouts being unknown or being out of the country, and the statement is essential to prove or disprove the facts of the crime; provided however, that this is limited to cases in which the previous statement was made under circumstances that afford special credibility.
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(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.
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Article 321-2(1)A written statement, part of which is accompanied with a medium on which the examination and the testimony of a witness using the measures prescribed in Article 157-4, paragraph (1) conducted during criminal proceedings other than the trial date or the trial preparation or during other criminal proceedings, and the circumstances surrounding the witness are recorded may be used as evidence notwithstanding the provisions of paragraph (1) of the preceding Article.In this case, the court must give the persons concerned in the case an opportunity to examine those who have made statements as witnesses, after examination of the written statement.
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(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.
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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.
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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
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(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;
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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
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(ii)an account book, a log book and other documents prepared in ordinary social activities;
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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
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(iii)a document other than those prescribed in the preceding two items made under circumstances that afford special credibility.
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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.
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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.
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(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.
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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.
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第五節 公判の裁判
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Section 5 Decisions in Trials
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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).
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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.
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(2)The suspended execution of a sentence must be rendered by a judgment at the same time as rendition of the punishment. The same applies to placing the person under probation pursuant to the provisions of Article 25-2, item (i) of the Penal Code.
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一確定判決を経たとき。
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(i)a final and binding judgment has been reached in a case;
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二犯罪後の法令により刑が廃止されたとき。
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(ii)the punishment is repealed by laws and regulations established after the crime;
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三大赦があつたとき。
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(iii)there is a general pardon;
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四時効が完成したとき。
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(iv)the statute of limitations expires.
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一被告人に対して裁判権を有しないとき。
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(i)it has no national jurisdiction over the accused;
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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。
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(ii)the prosecution has been instituted in violation of Article 340;
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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。
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(iii)there is an institution of prosecution for the same case in the same court;
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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。
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(iv)the procedure of the institution of prosecution is ineffective because of violation of the provisions.
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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。
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(i)the institution of prosecution ceases to be effective in accordance with the provisions of Article 271, paragraph (2);
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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。
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(ii)the facts written in the charging sheet, although they may be true, do not include any facts constituting a crime;
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三公訴が取り消されたとき。
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(iii)the prosecution has been revoked;
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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。
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(iv)the accused is deceased or a corporation which is the accused ceases to exist;
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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。
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(v)the case may not be tried in accordance with the provisions of Article 10 or 11.
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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.
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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.
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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.
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(2)When a rendition to suspend the execution of the sentence is to be revoked pursuant to Article 26-2, item (ii) of the Penal Code, the request prescribed in the preceding paragraph must be made based on a petition by the director of the probation office.
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(2)In the case of the preceding paragraph, when the request is for the revoking of a rendition of suspended execution of the sentence pursuant to the provisions of Article 26-2, item (ii) of the Penal Code and when there is a request by the person who has been rendered the suspension, the proceeding must undergo an oral argument.
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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.
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第四章 即決裁判手続
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Chapter IV Expedited Trial Proceedings
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第一節 即決裁判手続の申立て
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Section 1 Petitions for Expedited Trial Proceedings
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Article 350-2(1)If a public prosecutor deems it appropriate in a case in which said prosecutor intends to institute prosecution, and the details of the factual background of the case are clear and the case is minor, and the examination of evidence is expected to be completed promptly, along with taking into account other circumstances, when it finds appropriate, upon institution of persecution, said public prosecutor may make a petition for expedited trial proceedings in writing; provided however, that this does not apply to cases which are punishable by the death penalty, life imprisonment, life imprisonment without work, or imprisonment or imprisonment without work whose minimum term is not less than one year.
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(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.
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(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.
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Article 350-3(1)If a suspect, who is asked for the confirmation prescribed in paragraph (3) of the preceding Article, is going to declare whether they will consent to being tried by an expedited trial proceeding and if the suspect is unable to appoint defense counsel because of indigence or other reasons, the judge must appoint defense counsel for the suspect upon the request of the accused; provided however, that this does not apply when defense counsel has been appointed by a person other than the suspect.
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第二節 公判準備及び公判手続の特例
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Section 2 Special Measures for Trial Preparations and Trial Proceedings
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Article 350-5In a case in which expedited trial proceedings have been petitioned, when the public prosecutor is to give an opportunity to the accused or the defense counsel to inspect the documentary evidence or other opportunity pursuant to the provisions of Article 299, paragraph (1), the public prosecutor must give said opportunity as promptly as possible.
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Article 350-6(1)In a case in which expedited trial proceedings have been petitioned, when the defense counsel reserves giving consent for expedited trial proceedings or when the defense counsel was appointed after the petition for the expedited trial proceedings was made, the court must ask the defense counsel for confirmation as to whether or not consent is given to the proceedings as promptly as possible.
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Article 350-7When a petition for expedited trial proceedings has been made, 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 (after the consent prescribed in paragraph (1) of the preceding Article in the case referred to in the paragraph) as early as possible.
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Article 350-8In a case in which expedited trial proceeding have been petitioned, the court must decide, on a ruling, that the case is to be tried by an expedited trial proceeding when the accused states that they are guilty for the count written in the charging sheet during the proceedings prescribed in Article 291, paragraph (3), except when:
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一第三百五十条の二第二項又は第四項の同意が撤回されたとき。
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(i)the consent prescribed in Article 350-2, paragraph (2) or (4) has been revoked;
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二第三百五十条の六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。
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(ii)consent has not been given or has been revoked in the case prescribed in Article 350-6, paragraph (1);
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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。
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(iii)in addition to the cases prescribed in the preceding two items, the court deems that the case cannot be tried by expedited trial proceedings;
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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。
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(iv)the court deems the case inappropriate for expedited trial proceedings.
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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。
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(i)the accused or the defense counsel revokes consent for expedited trial proceedings before the judgment;
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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。
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(ii)the accused revokes the statement that the accused is guilty for the count written in the charging sheet before the judgment;
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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。
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(iii)in addition to the cases prescribed in the preceding two items, the court deems that the case cannot be tried by expedited trial proceedings;
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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。
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(iv)the court deems the case to be inappropriate for expedited trial proceedings.
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第三節 証拠の特例
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Section 3 Special Measures for Evidence
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Article 350-12The provisions of Article 320, paragraph (1) do not apply to evidence in cases for which the ruling provided by Article 350-8 has been made; provided however, that this does not apply when the public prosecutor, the accused or the defense counsel files an objection against the qualification.
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第四節 公判の裁判の特例
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Section 4 Special Measures for Judicial Decisions in Trials
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