Article 1Owing to the fact that persons who have been harmed by an offense (hereinafter referred to as "victim") or their surviving families have a deep interest in the status and contents of the proceedings of the criminal cases related to such harm, and that it can be difficult for such persons to recover from the damage to their persons or property or other damage, the purpose of this Act is to provide for measures that will allow the feelings of victims and their surviving families to be respected and which will contribute to their recovery from such damages, as well as to provide for special provisions for court proceedings in order to contribute to bringing a simplified and prompt resolution to disputes involving claims for damages, as measures incidental to criminal proceedings, and to thereby protect the rights and interests of such persons.

Article 2When a victim, etc. (meaning a victim, or, if the victim has died or suffered from a serious mental or physical disorder, the victim's spouse, lineal relative or sibling; the same applies hereinafter) in a criminal case under public prosecution or a statutory agent of the victim filed a request to attend trial proceedings in the case under public prosecution, the presiding judge of the court before which the case under public prosecution is pending must give consideration so that the person making the request is able to attend, taking into account the number of seats for audience members, the number of persons wishing to attend the trial, and other circumstances.

Article 3(1)When a victim, etc. in a criminal case under public prosecution, a statutory agent of the victim or an attorney who has been entrusted by one of such persons requests to inspect or copy the case records of the case under public prosecution between the time of the first trial date and the conclusion of the case, the court before which the case under public prosecution is pending hears the opinions of the public prosecutor and the accused or their defense counsel, and permits the person making the request to inspect or copy the case records, except if the court finds the grounds for the request to inspect or copy the case records to be unjustifiable or if the court finds it to be inappropriate to permit the person to inspect or copy the case records in consideration of the nature of the crime, the status of the proceedings and other circumstances.

(2)The court may restrict the purpose for which copied case records are used or set other conditions it finds appropriate when permitting to copy the case records pursuant to the provision of the preceding paragraph.

(3)A person who has inspected or copied case records pursuant to the provisions of paragraph (1) must take care not to unduly harm the reputation or peaceful existence of any related parties or to hinder the investigation or trial when making use of the particulars that the person has come to know through the inspection or copying of the case records.

Article 4(1)When any of the following persons requests to inspect or copy the case records of a case under public prosecution between the time of the first trial date and the conclusion of the case, the court before which the case under public prosecution is pending hears the opinions of the accused or their defense counsel, and may permit the person making the request to inspect or copy the case records if the court finds it to be necessary in order for a person set forth in item (i) or item (ii) to exercise their right to claim for damages, and finds it to be appropriate in consideration of the nature of the crime, the status of the proceedings and other circumstances:

(2)The request referred to in the preceding paragraph must be made through the public prosecutor.In this case, the person making such request must submit materials that make a prima facie showing of the fact that the person falls under any one of the items of that paragraph.

(3)When a request referred to in paragraph (1) has been made, the public prosecutor is to notify the court thereof, together with the prosecutor's opinion, and forward the materials to the court if the prosecutor has received any materials submitted pursuant to the provisions of the preceding paragraph.

(4)The provisions of paragraph (2) and paragraph (3) of the preceding Article apply mutatis mutandis to the inspection or copying of case records under the provisions of paragraph (1).

Article 5(1)If a participating victim (meaning the participating victim provided for in Article 316-33, paragraph (3) of the Code of Criminal Procedure (Act No. 131 of 1948); the same applies hereinafter) appears in court for proceedings on a trial date or proceedings for trial preparation pursuant to the provisions of Article 316-34, paragraph (1) of that Code (including as applied mutatis mutandis pursuant to paragraph (5) of that Article; the same applies in paragraph (2) of the following Article), the Minister of Justice pays travel expenses, daily allowance, and accommodation fees to the participating victim.

(2)Cabinet Order prescribes the amount of travel expenses, daily allowance, and accommodation fees to be paid pursuant to the provisions of the preceding paragraph (hereinafter referred to as "travel expenses, etc. for participating victims").

Article 6(1)A participating victim who seeks to receive payment of travel expenses, etc. for participating victims must submit a written request in the prescribed form to the Minister of Justice via the court, together with materials specified by Ministry of Justice Order as those necessary for the calculation of travel expenses, etc. for participating victims.In this case, a participating victim who has failed to submit all or part of the necessary materials may not receive payment of the portion of the requested amount of travel expenses, etc. for participating victims for which the necessity of the travel expenses, etc. for participating victims has not been clarified due to the failure to submit these materials.

(2)When the court has received the written request and materials pursuant to the provisions of the preceding paragraph, it must send them to the Minister of Justice, together with a document certifying that the participating victim has appeared in court for proceedings on a trial date or proceedings for trial preparation pursuant to the provisions of Article 316-34, paragraph (1) of the Code of Criminal Procedure.

(3)Cabinet Order prescribes the time limit for making a request for travel expenses, etc. for participating victims under the provisions of paragraph (1).

Article 7The Minister of Justice may request necessary cooperation from the court in connection with payment of travel expenses, etc. for participating victims.

Article 8(1)The following functions under the authority of the Minister of Justice are to be delegated to the Japan Legal Support Center (meaning the Japan Legal Support Center provided for in Article 13 of the Comprehensive Legal Support Act (Act No. 74 of 2004); the same applies hereinafter):

(2)When the Minister of Justice finds that it has become difficult or inappropriate for the Japan Legal Support Center to perform all or part of the functions under the authority of the Minister of Justice set forth in the items of the preceding paragraph due to a natural disaster or any other causes, the minister is to perform per se all or part of the functions under the minister's authority set forth in the items of that paragraph.

(3)If the Minister of Justice decides to perform per se all or part of the functions under the minister's authority set forth in the items of paragraph (1) pursuant to the provisions of the preceding paragraph, or decides not to perform all or part of the functions under the minister's authority set forth in the items of that paragraph that the minister currently performs per se, the minister must publicly notify this in advance.

(4)If the Minister of Justice decides to perform per se all or part of the functions under the minister's authority set forth in the items of paragraph (1) pursuant to the provisions of paragraph (2), or decides not to perform all or part of the functions under the minister's authority set forth in the items of that paragraph that the minister currently performs per se, Ministry of Justice Order prescribes the transfer of the functions under the minister's authority set forth in the items of that paragraph and other necessary particulars.

Article 9A person who is dissatisfied with a disposition made by the Japan Legal Support Center under the provisions of this Act or inaction thereof may file a request for review with the Minister of Justice.In this case, with regard to the application of the provisions of Article 25 paragraphs (2) and (3), Article 46, paragraphs (1) and (2), Article 47, and Article 49, paragraph (3) of the Administrative Complaint Review Act (Act No. 68 of 2014), the Minister of Justice is deemed to be the higher administrative agency of the Japan Legal Support Center.

Article 10Beyond what is provided for in Article 5 through the preceding Article, Ministry of Justice Order prescribes the necessary particulars concerning payment of travel expense, etc. for participating victims (excluding the particulars concerning the procedures conducted by the court pursuant to the provisions of Article 6, paragraphs (1) and (2)).

Article 11(1)A participating victim who seeks to entrust an attorney with the acts provided for in Articles 316-34 through 316-38 of the Code of Criminal Procedure and whose financial resources (meaning the total amount of cash, savings and other assets equivalent thereto prescribed by Cabinet Order which belong to such person; the same applies hereinafter), after deducting therefrom the expenses required for medical treatment of the injury or illness caused by a criminal act in a criminal case under public prosecution regarding which the victim is permitted to participate in proceedings, and other expenses caused by said criminal act and is found to require payment within six months from the date of the request (hereinafter referred to as "medical expenses, etc."), are less than the base amount (meaning the amount prescribed by Cabinet Order as generally being sufficient to cover the fee and expenses of a participating victim's attorney (meaning an attorney entrusted by the participating victim to perform the acts provided for in Articles 316-34 through 316-38 of that Code; the same applies hereinafter) after taking into account the necessary average six-month cost of living; the same applies hereinafter), may request the court before which said case is pending to appoint him/her a participating victim's attorney.

(2)The request under the provisions of preceding paragraph must be made through the Japan Legal Support Center.In this case, the participating victim must submit the documents specified in the following items in accordance with the category set forth in the relevant one of those items:

(3)When a request under the provisions of paragraph (1) has been made, the Japan Legal Support Center must notify the court thereof and must forward the documents submitted pursuant to the provisions of the preceding paragraph to the court.

Article 12(1)When a request under the provisions of paragraph (1) of the preceding Article has been made, the Japan Legal Support Center must nominate a candidate to be appointed as a participating victim's attorney by a court and notify the court thereof.

(2)Notwithstanding the provisions of the preceding paragraph, when the Japan Legal Support Center finds that the circumstances clearly fall under any of the items of paragraph (1) of the following Article, it may decide not to make the nomination and notification under the provisions of the preceding paragraph.In this case, the Japan Legal Support Center must notify the court thereof.

(3)In making the nomination under the provisions of paragraph (1), the Japan Legal Support Center must hear the opinions of the person making the request under the provisions of paragraph (1) of the preceding Article.

Article 13(1)When a request under the provisions of Article 11, paragraph (1) has been made, the court is to appoint a participating victim's attorney for the participating victim, except in the circumstances fall under any of the following items:

(2)When the court appoints a participating victim's attorney pursuant to the provisions of the preceding paragraph, the court may request the Japan Legal Support Center to nominate and notify the court of a candidate for participating victim's attorney if it is necessary to do so.In this case, the provisions of paragraph (1) and paragraph (3) of the preceding Article apply mutatis mutandis.

Article 14(1)The appointment of a participating victim's attorney by the court must be made at each instance.

(2)The appointment of a participating victim's attorney is also valid in cases for which the proceedings have been consolidated; provided, however, that this does not apply if the participating victim is not permitted to participate in the proceedings for these cases.

(3)The appointment of a participating victim's attorney ceases to be valid if a ruling referred to in Article 316-33, paragraph (3) of the Code of Criminal Procedure has been rendered.

(4)A participating victim's attorney appointed by the court may request travel expenses, a daily allowance, accommodation fees and remuneration.

(5)The travel expenses, daily allowance, accommodation fees and remuneration to be paid to a participating victim's attorney pursuant to the provisions of the preceding paragraph are governed by the provisions on travel expenses, daily allowance, accommodation fees and remuneration to be paid to defense counsel pursuant to the provisions of Article 38, paragraph (2) of the Code of Criminal Procedure.

Article 15(1)The court may, when it finds that circumstances fall under any of the following items, revoke the appointment of a participating victim's attorney:

(2)When the court has revoked the appointment of a participating victim's attorney owing to grounds set forth in items (ii) through (iv) of the preceding paragraph, it is to appoint another participating victim's attorney.In this case, the provisions of Article 13, paragraph (2) apply mutatis mutandis.

Article 16When a participating victim has submitted a document provided for in any of the items of Article 11, paragraph (2) which contains false information about their amount of financial resources or medical expenses, etc., with the aim of leading the court to an erroneous judgment, the participating victim is punished by a civil fine of not more than 100,000 yen.

Article 17(1)When a participating victim has led the court to an erroneous judgment by submitting a document provided for in any of the items of Article 11, paragraph (2) which contains false information about their amount of financial resources or medical expenses, etc., with the aim of leading the court to an erroneous judgment, the court may rule to collect all or part of the travel expenses, daily allowances, accommodation fees and remuneration that were paid to the participating victim's attorney from the participating victim.

(2)An immediate appeal may be filed against the ruling referred to in the preceding paragraph.In this case, the provisions of the Code of Criminal Procedure on immediate appeals apply mutatis mutandis.

(3)The provisions of the Code of Criminal Procedure on the execution of judicial decisions on compensation for costs apply mutatis mutandis to the execution of the ruling referred to in paragraph (1).

Article 18The provisions of Article 43, paragraph (3) and paragraph (4) of the Code of Criminal Procedure apply mutatis mutandis to the appointment of a participating victim's attorney and its revocation, and the provisions of paragraphs (3) and (4) of that Article and of Article 44, paragraph (1) of that Code apply mutatis mutandis to the ruling referred to in paragraph (1) of the preceding Article.

Article 19(1)If the accused and the victim, etc. in a criminal case under public prosecution reach an agreement with regard to a civil dispute between them (limited to one that contains their dispute about the harm in the case under public prosecution), they may jointly file a petition with the court of first instance or the court of second instance before which the case under public prosecution is pending for the agreement to be entered in the trial records.

(2)If the agreement referred to in the preceding paragraph involves the payment of monies by the accused to the victim, etc., if a person other than the accused has made a promise with the victim, etc. to guarantee the payment obligation or to jointly and severally bear liability for the obligation, that person may also jointly file a petition with the accused and the victim, etc., together with the petition referred to in that paragraph, for this promise to be entered in the trial records.

(3)The petition under the provisions of the preceding two paragraphs must be filed by the time of conclusion of oral arguments, by appearing in court on a trial date and submitting a document detailing the agreement to which the petition pertains and sufficient facts to identify the rights that are the subject of the civil dispute in which the agreement has been reached.

(4)When an agreement to which a petition under the provisions of paragraph (1) or paragraph (2) pertains has been entered in the trial records, the entry has the same effect as a judicial settlement.

Article 20(1)A person who has reached the agreement entered in the trial records based on a petition under the provisions of paragraph (1) or paragraph (2) of the preceding Article or a third party who has made a prima facie showing of their interest, may, notwithstanding the provisions of Chapter III and Article 49 of the Code of Criminal Procedure, file a request with the court clerk to inspect or copy the trial records (limited to the part in which the agreement and the facts that are sufficient to identify the rights that are the subject of the civil dispute in which the agreement was reached are detailed), the document referred to in paragraph (3) of the preceding Article in connection with such petition and other records related to such agreement (hereinafter referred to as "settlement records"), to be issued an authenticated copy, certified copy or extract of settlement records, or to be issued a certificate of the particulars of the settlement; provided, however, that a request to inspect or copy settlement records may not be filed if such inspection or copying would interfere with the preservation of the settlement records or the business of the court.

(2)The filing of an objection against the disposition of the court clerk with regard to a request to inspect or copy settlement records provided for in the preceding paragraph, to be issued an authenticated copy, certified copy or extract of settlement records, and to be issued a certificate of the particulars of the settlement are governed by Article 121 of the Code of Civil Procedure (Act No. 109 of 1996), and the procedures for restrictions on inspections, etc. for the protection of confidential information in the settlement records is governed by Article 92 of that Code.

(3)Settlement records are to be preserved by the court of first instance for a criminal case under public prosecution after the conclusion of the case under public prosecution.

Article 21The provisions of Section 1 (excluding the provisions on an appointed party and a special agent) and Section 4 (excluding Article 60) in Part I, Chapter III of the Code of Civil Procedure apply mutatis mutandis to the procedure for settlement of a civil dispute in criminal litigation proceedings provided for in the preceding two Articles, except where contrary to the nature thereof.

Article 22Notwithstanding the provisions of Article 33, paragraph (2) of the Civil Execution Act (Act No. 4 of 1979) (including as applied mutatis mutandis pursuant to Article 34, paragraph (3) and Article 35, paragraph (3) of that Act), an action for the granting of a certificate of execution, an action to oppose the granting of a certificate of execution and an action to oppose execution in connection with the settlement of a civil dispute in criminal litigation proceedings as provided for in the provisions of Article 19 is subject to the exclusive jurisdiction of the court of first instance for the case under public prosecution (if the court of first instance is a summary court, and the request involving such settlement does not belong to the jurisdiction of a summary court, the district court with jurisdiction for the location of the summary court).

Article 41(1)The provisions of Articles 7 through 10 and rows (1) through (3) of Appended Table 2 of the Act on Costs of Civil Procedure (Act No. 40 of 1971) (excluding the part "excluding those requested by the party, etc. while the case is pending" under the left-hand column in row (1) of the same table) apply mutatis mutandis to the fee to inspect or copy trial records under the provisions of Article 3, paragraph (1) or Article 4, paragraph (1), unless contrary to the nature thereof.

(2)The provisions of Article 3, paragraph (1) and Articles 7 through 10 of the Act on Costs of Civil Procedure, row (9), row (17) and row (18) of Appended Table 1 (limited to the part concerning (4) in the left-hand column) and row (1) through (3) of Appended Table 2 (excluding the part "excluding those requested by the party, etc. while the case is pending" under the left-hand column in row (1) of the same table) of that Act apply mutatis mutandis to the fee for proceedings related to the settlement of a civil dispute in criminal litigation proceedings provided for in Chapter VI, unless contrary to the nature thereof.

Article 42(1)In order to file a petition for a restitution order, payment must be made in the amount of a 2,000 yen-fee.

(2)The provisions of Article 3, paragraph (1) of the Act on Costs of Civil Procedure and row (17) of Appended Table 1 of that Act apply mutatis mutandis to the fee for filing an objection under the provisions of Article 33, paragraph (1).

(3)The person filing a petition for a restitution order must promptly pay fees in the amount calculated by deducting the amount of fees already paid for the petition for a restitution order from the amount of fees that must be paid pursuant to the provisions of Article 3, paragraph (1) of the Act on Costs of Civil Procedure and row (1) of Appended Table 1 of that Act if the action is deemed to have been filed pursuant to the provisions of Article 34, paragraph (1) (including as applied mutatis mutandis pursuant to Article 38, paragraph (4)).

(4)Beyond what is provided for in the preceding three paragraphs, the provisions of the Act on Costs of Civil Procedure apply mutatis mutandis to procedural costs in restitution order cases, unless contrary to the nature thereof.

Article 43Beyond what is provided for in this Act, the necessary particulars involved in the inspection or copying of the trial records as provided for in Chapter III, the procedures to be conducted by the court pursuant to the provisions of Article 6, paragraphs (1) and (2), the appointment, etc. of a participating victim's attorney as provided for in Chapter V, the settlement of a civil dispute in criminal litigation proceedings and procedure in a restitution order case as provided for in Chapter VI are provided for in the Rules of the Supreme Court.