Article 5(1)Once a judicial decision to confiscate stolen or misappropriated property or to forcibly collect monies of an equivalent value becomes final and binding, the public prosecutor must establish the scope of the criminal acts warranting remission.

(2)For eligible criminal acts as follows, the public prosecutor is to establish the scope of the criminal acts warranting remission provided for in the preceding paragraph in consideration of circumstances such as the type of crime, when and how it was committed, who committed it, and how the stolen or misappropriated property was formed:

(3)Having divided criminal acts warranting remission into two or more scopes when establishing the scope of those acts pursuant to the provisions of the preceding two paragraphs, the public prosecutor is to divide the stolen or misappropriated property that has been indicated in the judicial decision for confiscation prescribed in paragraph (1) (or the amount of money obtained through the realization or retrieval of that stolen or misappropriated property, if one group of stolen or misappropriated property has been derived from property obtained from parties incurring damages due to eligible criminal acts that are part of differing scopes of criminal acts warranting remission, or has been formed out of property obtained based on the possession or handling of property obtained through such eligible criminal acts, and that group of property cannot be divided into separate monetary amounts or quantities) or the monetary value of the stolen or misappropriated property that has been indicated in the judicial decision for forcible collection prescribed in that paragraph into groups corresponding to each of those scopes.

Article 6(1)Without delay after coming into custody of the stolen or misappropriated property or the monetary value thereof that has been indicated in a judicial decision as provided in paragraph (1) of the preceding Article, as remission funds, the public prosecutor is to decide to initiate the procedures for issuing remission payments out of those remission funds (hereinafter referred to as "procedures to restore stolen or misappropriated property"); provided, however, that this does not apply if the public prosecutor finds that the remission funds existing at that time are insufficient to pay for the expenses and remuneration that the procedures to restore stolen or misappropriated property would necessitate, or if the public prosecutor otherwise finds that it is inappropriate to initiate procedures to restore stolen or misappropriated property at that time.

(2)Notwithstanding the main clause of the preceding paragraph, upon finding it to be particularly necessary to do so in order to have the property that has been confiscated in execution of a judicial decision as prescribed in paragraph (1) of the preceding Article, monies obtained through its realization or retrieval, or monies equivalent to the amount that has been forcibly collected in execution of such a judicial decision transferred from a foreign country, the public prosecutor may decide to initiate procedures to restore stolen or misappropriated property before coming into custody of the relevant property or monies as remission funds.

(3)In a case as provided in paragraph (3) of the preceding Article, the public prosecutor is to reach a decision as referred to in one of the two preceding paragraphs for each of the scopes of criminal acts warranting remission.

(4)If the scope of a criminal act warranting remission that has been established pursuant to paragraph (1) of the preceding Article is the same for two or more final and binding judicial decisions to confiscate stolen or misappropriated property or to forcibly collect monies of an equivalent value, the public prosecutor may deem the stolen or misappropriated property or equivalent value indicated in those judicial decisions (other than any such property or equivalent value of property for which procedures to restore stolen or misappropriated property have already been initiated) to be the stolen or misappropriated property or equivalent value indicated in a single judicial decision in order to reach a decision as referred to in paragraph (1) or paragraph (2).

Article 7(1)On deciding to initiate procedures to restore stolen or misappropriated property, the public prosecutor must immediately issue public notice of the following information (other than the information set forth in item (iv), if procedures to restore stolen or misappropriated property have been initiated pursuant to the provisions of paragraph (2) of the preceding Article) by publishing that information in the official gazette:

(2)The period for applying for remission set forth in item (v) of the preceding paragraph must be at least 30 days long, counting from the day following the date that the public notice under the provisions of that paragraph is issued.

(3)The public prosecutor must notify any known eligible victim or general successor thereof of the information required to be given in a public notice pursuant to the provisions of paragraph (1); provided, however, that this does not apply to a person that is clearly not entitled to a remission payment.

(4)Beyond what is provided for in the preceding three paragraphs, Ministry of Justice Order prescribes the necessary particulars concerning public notices under the provisions of paragraph (1) and notifications under the provisions of the preceding paragraph.

Article 8(1)Upon finding there to be no prospect of coming into custody of sufficient remission funds to pay the expenses and remuneration that procedures to restore stolen or misappropriated property would necessitate, the public prosecutor is to decide not to initiate procedures to restore stolen or misappropriated property.

(2)Having decided as referred to in the preceding paragraph, the public prosecutor must issue public notice of this pursuant to the provisions of Ministry of Justice Order.

Article 9(1)A person seeking a remission payment must file an application with the public prosecutor pursuant to the provisions of Ministry of Justice Order within the period for applying for remission, attaching materials sufficient to establish a prima facie showing of the information set forth in items (i) and (ii) to a written application that gives the following information:

(2)If an eligible victim that has filed an application under the provisions of the preceding paragraph becomes subject to a general succession before a ruling as under the following Article or Article 11 is finalized in connection with that application, the general successor of the eligible victim may file an application for issuance of a remission payment even after the period for applying for remission has passed, but only within the 60 days after the date of the general succession.In this case, the general successor must attach materials sufficient to establish a prima facie showing of the information set forth in items (i) and (ii) of the preceding paragraph to a written application as prescribed in that paragraph, and submit these to the public prosecutor pursuant to the provisions of Ministry of Justice Order.

(3)Except when undertaking a process through a statutory agent, a person seeking to act through an agent in applying for remission as under the preceding two paragraphs or in undertaking any other process under this Act must use an attorney (including a legal professional corporation and attorney at law/registered foreign lawyer joint corporation) as that agent.

Article 10(1)If an application as under paragraph (1) of the preceding Article has been filed, without delay once the period for applying for remission has passed (or once the disposition establishing the scope of the criminal act warranting remission under Article 5, paragraph (1) has been finalized, if it has not been finalized by that time), the public prosecutor must reach a ruling as to whether the applicant is a person entitled to be issued a remission payment. If an application as under paragraph (2) of the preceding Article has been filed, the same applies once 60 days have passed after the day of the general succession connected with that application (or once the disposition establishing the scope of the criminal act warranting remission under Article 5, paragraph (1) has been finalized, if it has not been finalized by that time).

(2)In reaching a ruling that an applicant is a person entitled to be issued a remission payment (hereinafter referred to as a "ruling of eligibility"), the public prosecutor must set the amount of criminal damages (meaning an amount that the public prosecutor sets by deducting the amount subject to exclusion from the value of the property lost through the criminal act warranting remission; the same applies hereinafter). In this case, if two or more persons falling under a category of persons set forth in one of the following items are subject to a ruling of eligibility, the amount of criminal damages for each such person is the amount specified in the item:

(3)Notwithstanding the second sentence of the preceding paragraph, in a case as prescribed in that sentence, if some of the persons subject to a ruling of eligibility have agreed as to what percent of the amount of the remission payment each person is to be issued, the amount of criminal damages issued to the persons that have agreed to this is the amount arrived at when the parts of the amount calculated pursuant to that sentence which would be issued to each of those persons are added together and the total is multiplied by the percentages of the remission payment that each person named in the agreement is to be issued.

Article 11(1)The public prosecutor must reach a ruling to dismiss an application for issuance of a remission payment without prejudice if the application is filed after the period for applying for remission has passed (or after 60 days have passed since the day of the general succession, for an application as under Article 9, paragraph (2)), or if the application is otherwise unlawful and cannot be corrected.

(2)The public prosecutor must reach a ruling to dismiss an application without prejudice if the applicant fails to comply when ordered to submit a report, document, or other item under Article 28, paragraph (1) or to appear as under that paragraph, without a legitimate reason for failing to do so.

Article 12(1)A public prosecutor issuing a ruling under the preceding two Articles must do so in writing and attach the reason for the ruling to the written document, causing the name and seal thereof to be affixed thereto.

(2)The public prosecutor must serve a certified copy of a written ruling upon an applicant.

(3)Notwithstanding the provisions of the preceding paragraph, if the whereabouts of the person who is to be served with a certified copy of a written ruling are unknown or it is otherwise not possible to serve a certified copy of a written ruling upon that person, the public prosecutor may retain a certified copy of the written ruling and, in lieu of serving it as under that paragraph, post a notice in the space for the posting of notices by the public prosecutors office to which the public prosecutor is assigned, indicating that the public prosecutor will issue a certified copy of the written ruling to the person who is to be served with it at any time.In this case, the certified copy of the written ruling is deemed to be served as under that paragraph once two weeks have passed after the date that the notice is first posted.

Article 13Having reached a ruling under Article 10 or Article 11, the public prosecutor must prepare a ruling table giving the following information and keep it at the public prosecutors office to which the public prosecutor is assigned in order to provide it for the applicant's inspection:

Article 14(1)The public prosecutor must issue remission payments to persons subject to a ruling of eligibility without delay once a ruling under the provisions of Article 10 or Article 11, a decision on the remuneration of the remission administrator under the provisions of Article 26, paragraph (1), and the amount of expenses that procedures to restore stolen or misappropriated property require are finalized for all applications (or once the public prosecutor comes into custody of the stolen or misappropriated property or its value as prescribed in paragraph (1) of that Article as remission funds, if procedures to restore stolen or misappropriated property have been initiated pursuant to Article 6, paragraph (2), but at the time that the aforementioned ruling, decision, and expenses are finalized, the public prosecutor has not yet come into custody of the stolen or misappropriated property or its value as remission funds).

(2)If the aggregate total of the amounts of criminal damages set as part of a ruling of eligibility (referred to as the "total amount of criminal damages" hereinafter in this paragraph and in Article 16, paragraph (2)) exceeds the amount arrived at when the amount of expenses and remuneration that procedures to restore stolen or misappropriated property will necessitate is deducted from remission funds, the amounts of remission payments to be issued pursuant to the preceding paragraph are the amounts arrived at when the difference resulting from that calculation is multiplied by the percentages of the total amount of criminal damages which represent the amounts of criminal damages set for the persons subject to that ruling of eligibility (with the products rounded down to the nearest one yen); and in other cases, the amounts of remission payments to be issued pursuant to the preceding paragraph are the amounts of criminal damages.

(3)The public prosecutor must enter the amounts of remission payments issued pursuant to the provisions of paragraph (1) in the ruling table, and must issue public notice of this pursuant to the provisions of Ministry of Justice Order.

(4)Notwithstanding the provisions of paragraph (1), if it is not possible to issue a remission payment because the whereabouts of a person entitled to be issued the remission payment are unknown or for other reasons, the public prosecutor is to act as the custodian of monies equivalent to the remission payment until the end of the period provided for in Article 31, paragraph (1).In this case, the monies of which the public prosecutor is the custodian are not to be included in remission funds regarding the application of the provisions of Article 26 and Article 34, paragraph (1).

Article 15(1)Even if part of a ruling, decision on remuneration, or amount of expenses provided for in paragraph (1) of the preceding Article is not finalized, the public prosecutor may issue a remission payment to a person subject to a ruling of eligibility (but only one whose ruling of eligibility has been finalized) in an amount that the public prosecutor finds to be appropriate up to an amount that is clearly found not to harm the interests of persons that are expected to be eligible for issuance of remission payments.

(2)If remission payments have been issued pursuant to the provisions of the preceding paragraph, once the ruling, decision on remuneration, and amount of expenses provided for in paragraph (1) of the preceding Article have all been finalized, the public prosecutor must issue remission payments without delay to the persons subject to the ruling of eligibility, in the amounts arrived at when the amounts of the remission payments that have been issued pursuant to the provisions of the preceding paragraph are deducted from the amounts of remission payments that must be issued as calculated pursuant to paragraph (2) of the preceding Article.

(3)The provisions of paragraphs (3) and (4) of the preceding Article apply mutatis mutandis to remission payments issued pursuant to the provisions of the preceding paragraph.In this case, the phrase "pursuant to the provisions of paragraph (1)" in paragraph (3) of that Article is deemed to be replaced with "pursuant to the provisions of paragraph (1) (and the amounts of remission payments issued pursuant to the provisions of paragraph (1) of the following Article)".

Article 16(1)If the public prosecutor comes into custody of new remission funds in connection with procedures to restore stolen or misappropriated property after the ruling, decision on remuneration, and amount of expenses prescribed in Article 14, paragraph (1) have been finalized and after the public prosecutor has issued or become the custodian of remission payments (meaning that the public prosecutor has issued a remission payment under that paragraph; paragraph (1) or paragraph (2) of the preceding Article; or this paragraph; or become the custodian of monies equivalent to a remission payment under the first sentence of Article 14, paragraph (4) (including as applied mutatis mutandis pursuant to paragraph (3) of the preceding Article and paragraph (3) of this Article; the same applies hereinafter in this paragraph); the same applies in Article 18 and in Article 21, paragraph (1), items (i) through (iii)) for all of the persons subject to a ruling of eligibility (this includes the case when the public prosecutor comes into custody of new remission funds after the conclusion of the procedures to restore stolen or misappropriated property), and if the amount of the remission payments that have already been issued (this includes any monies equivalent to remission payments of which the public prosecutor has come into custody pursuant to the provisions of the first sentence of Article 14, paragraph (4); referred to as "remission payments already issued" in the following paragraph) falls short of the amount of criminal damages, the public prosecutor must issue remission payments to persons subject to the ruling of eligibility using the new remission funds of which the public prosecutor has come into custody; provided, however, that this does not apply if the public prosecutor finds that the remission funds existing at that time are insufficient to cover the expenses and remuneration that the issuance of those payments would necessitate, or if the public prosecutor finds that it is otherwise inappropriate to issue remission payments at that time.

(2)If the total remaining amount of criminal damages (meaning the amount arrived at when the sum total of the amounts of remission payments already issued is deducted from the total amount of criminal damages; the same applies hereinafter in this paragraph) exceeds the amount arrived at when the amount of expenses and remuneration (other than any amount of expenses and remuneration that has been deducted in the calculation of remission payments already issued) is deducted from the remission funds prescribed in the preceding paragraph, the amounts of remission payments to be issued pursuant to the provisions of the preceding paragraph are the amounts arrived at when the difference resulting from that calculation is multiplied by the percentages of the total remaining amount of criminal damages which represent the remaining amounts of criminal damages (meaning the amounts arrived at when the amounts of remission payments already issued are deducted from the amounts of criminal damages; the same applies hereinafter in this paragraph) owed to the persons subject to the ruling of eligibility (with the products rounded down to the nearest one yen); and in other cases, the amounts of remission payments to be issued pursuant to the provisions of the preceding paragraph are the remaining amounts of criminal damages.

(3)The provisions of Article 14, paragraphs (3) and (4) apply mutatis mutandis to remission payments to be issued pursuant to the provisions of paragraph (1).

Article 17(1)If a person whose ruling of eligibility has been finalized becomes subject to a general succession and any of the remission payments to be issued to that person have not yet been issued, the public prosecutor must issue the unissued remission payments to a general successor of that person that files a notification within 60 days of the date of the general succession.In this case, the general successor must submit a written notification to the public prosecutor pursuant to the provisions of Ministry of Justice Order.

(2)The amount of remission payments to be issued to a general successor in the event that there are two or more general successors filing notifications pursuant to the provisions of the preceding paragraph, is the amount arrived at when the amount of the unissued remission payments prescribed in paragraph is divided by the number of general successors (with the quotient rounded down to the nearest one yen); provided, however, that if some of the general successors have agreed as to what percent of the amount of remission payments each person is to be issued, the amount of remission payments issued to the persons that have agreed to this is the amount arrived at when the parts of the amount calculated pursuant to the main clause of this paragraph that would be issued to each of those persons are added together and the total is multiplied by the percentages of the remission payment that each person named in the agreement is to be issued (with the products rounded down to the nearest one yen).

Article 18In a situation falling under one of the following items in procedures under the preceding three subsections, the public prosecutor is to decide without delay to initiate procedures for using the surplus remission funds (meaning remission funds that are in surplus after the conclusion of procedures during which the public prosecutor has issued or become the custodian of remission payments; the same applies hereinafter) to issue remission payments to persons that have not filed applications for issuance of remission payments within the period for applying for remission in those procedures (or within 60 days after the day of the general succession, for an application as under Article 9, paragraph (2)), or to general successors as prescribed in paragraph (1) of the preceding Article that have not filed notifications as referred to in that paragraph (hereinafter procedures for using surplus remission funds in this way are referred to as "special issuance procedures"); provided, however, that this does not apply if the public prosecutor finds that the surplus remission funds expected at that time would be insufficient to pay for the expenses and remuneration that the special issuance procedures would necessitate, or if the public prosecutor otherwise finds it to be inappropriate to initiate special issuance procedures at that time:

Article 19(1)Having decided to initiate special issuance procedures, the public prosecutor must immediately issue public notice of the following information and of the information set forth in Article 7, paragraph (1), items (ii) and (iii) of which the public prosecutor has issued public notice during procedures under the preceding three subsections, by publishing it in the official gazette pursuant to the provisions of Ministry of Justice Order:

(2)The period for applying for special remission set forth in item (iii) of the preceding paragraph must be at least 30 days long, counting from the day following the date that the public notice under that paragraph is issued.

(3)The public prosecutor must notify any known eligible victim or general successor thereof of the information required to be given in a public notice pursuant to the provisions of paragraph (1); provided, however, that this does not apply to a person that clearly is not entitled to a remission payment nor to a person that has already been notified pursuant to the provisions of the main clause of Article 7, paragraph (3).

(4)Beyond what is provided for in the preceding three paragraphs, Ministry of Justice Order prescribes the necessary particulars concerning public notices under paragraph (1) and notifications under the preceding paragraph.

Article 20The provisions of the preceding two subsections apply mutatis mutandis to special issuance procedures.In this case, the term "period for applying for remission" in Article 9, paragraphs (1) and (2), Article 10, paragraph (1), and Article 11, paragraph (1) is deemed to be replaced with "period for applying for special remission"; the phrase "(or once the disposition establishing the scope of the criminal act warranting remission under Article 5, paragraph (1) has been finalized, if it has not been finalized by that time)" in Article 10, paragraph (1) is deemed to be deleted; and the term "remission funds" in Article 14, paragraphs (2) and (4) is deemed to be replaced with "surplus remission funds".

Article 21(1)The public prosecutor is to decide to conclude procedures to restore stolen or misappropriated property in a case that falls under one of the following items:

(2)Having decided to conclude procedures to restore stolen or misappropriated property pursuant to the provisions of the preceding paragraph, the public prosecutor must issue public notice of this pursuant to the provisions of Ministry of Justice Order.

Article 22(1)The public prosecutor may appoint one or multiple attorneys (including legal professional corporations and attorney at law/registered foreign lawyer joint corporation) as remission administrators and have them perform all or some of the following administrative processes:

(2)Having appointed a remission administrator, the public prosecutor must issue public notice of the name of the remission administrator, the scope of the administrative processes involved in remission (meaning administrative processes that the public prosecutor has decided to have a remission administrator perform pursuant to the preceding paragraph; the same applies hereinafter), and other information that Ministry of Justice Order prescribes, pursuant to the provisions of Ministry of Justice Order.

Article 23(1)A remission administrator must perform the administrative processes involved in remission in a fair and sincere manner.

(2)Upon finding it to be necessary to do so in order to ensure the proper and reliable handling of administrative processes involved in remission, the public prosecutor may have a remission administrator report on an administrative process.

(3)Upon finding that the handling of an administrative process involved in remission violates laws or regulations or upon finding that its handling lacks propriety, the public prosecutor may direct a remission administrator to take the necessary measures to rectify the violation or improve the handling of that administrative process.

(4)If a remission administrator fails to take the measures referred to in the preceding paragraph or if there are other material grounds for doing so, the public prosecutor may dismiss the remission administrator.

(5)The provisions of Article 36-3 of the Administrative Procedure Act (Act No. 88 of 1993) do not apply to the direction under the provisions of paragraph (3).

Article 24(1)Upon finding it to be necessary to do so in order for the remission administrator to perform an administrative process involved in remission, the public prosecutor is to allow the remission administrator to use the case record from after the conclusion of a case under public prosecution that is connected to the criminal act warranting remission.

(2)Upon finding it to be necessary to do so in order for the remission administrator to perform an administrative process involved in remission and upon finding it to be appropriate to do so, the public prosecutor may allow the remission administrator to use a case record (other than one referred to in the preceding paragraph) associated with court proceedings that are connected to the criminal act warranting remission.

Article 25A remission administrator performing an administrative process as set forth in Article 22, paragraph (1), item (ii) must report the results of this to the public prosecutor in writing without delay after completing the administrative process.

Article 26(1)A remission administrator may be paid in advance for expenses and receive the remuneration fixed by the public prosecutor, out of remission funds.

(2)The provisions of Article 12, paragraphs (1) and (2) apply mutatis mutandis to a decision on the remuneration under the preceding paragraph.In this case, in paragraph (2) of that Article, the term "written ruling" is deemed to be replaced with "written decision on remuneration" and the term "applicant" is deemed to be replaced with "remission administrator".

(3)Having decided on the remuneration under paragraph (1), the public prosecutor must enter the amount of remuneration in the ruling table.

Article 27(1)A current or former remission administrator (or, if a remission administrator is a legal professional corporation or attorney at law/registered foreign lawyer joint corporation, an attorney who is its member or employee and who performs the administrative processes involved in remission; the same applies hereinafter in this Article) must not divulge any secret learned in connection with the administrative processes involved in remission.

(2)A remission administrator is deemed to be an official engaged in public service pursuant to laws and regulations, as regards the application of the Penal Code (Act No. 45 of 1907) and other penal provisions.

Article 28(1)Upon finding that it is necessary to do so in order to perform administrative processes in procedures to restore stolen or misappropriated property, the public prosecutor may order an applicant or other relevant person to submit a report, document, or other item or to appear in person; and may make inquiries with a public office or a public or private organization, seeking reports containing the necessary information.

(2)Upon finding it to be necessary to do so in order to perform administrative processes involved in remission, a remission administrator may ask an applicant or other relevant person to submit a report, document, or other item or to appear in person; and may make inquiries with a public office or a public or private organization, seeking reports containing the necessary information.

Article 29Once remission payments are issued to a person, the person's right to claim compensation for damages and other claims connected to the criminal act warranting remission is extinguished to the extent of the amount issued.

Article 30(1)If a person is issued remission payments due to deception or other wrongful means in procedures to restore stolen or misappropriated property, the public prosecutor may collect from that person all or part of an amount of money representing the amount of the remission payments that the person has been issued, in accordance with regulations that govern measures to collect national tax arrears.

(2)Statutory liens involving monies to be collected under the preceding paragraph follow national and local taxes in order of priority.

(3)Monies collected pursuant to the provisions of paragraph (1) are deemed to be new remission funds of which the public prosecutor has come into custody at the time of their collection, as regards the issuance of remission payments pursuant to Subsection 3 and Subsection 4 in procedures to restore stolen or misappropriated property.

Article 31(1)In procedures to restore stolen or misappropriated property, the right to be issued a remission payment is extinguished if it is not exercised within six months of the time of the public notice under Article 14, paragraph (3) (including as applied mutatis mutandis pursuant to Article 15, paragraph (3) and Article 16, paragraph (3) (including where these provisions are applied mutatis mutandis pursuant to Article 20) and Article 20).

(2)Monies held (meaning monies of which the public prosecutor acts as custodian pursuant to the provisions of the second sentence of Article 14, paragraph (4) (including as applied mutatis mutandis pursuant to Article 15, paragraph (3) and Article 16, paragraph (3) (including where these provisions are applied mutatis mutandis pursuant to Article 20) and Article 20)) which are connected with the right extinguished pursuant to the provisions of the preceding paragraph are deemed to be new remission funds of which the public prosecutor has come into custody at the time of the extinguishment, as regards the issuance of remission payments pursuant to the provisions of Subsection 3 and Subsection 4 in procedures to restore stolen or misappropriated property.

Article 32The right to be issued a remission payment may not be transferred, mortgaged, or seized; provided, however, that this does not apply in cases of seizure through measures to collect national tax arrears (or measures governed by the same regulations as these).

Article 33The mayor of a municipality (this includes the mayor of a special ward; and in a designated city as referred to in Article 252-19, paragraph (1) of the Local Autonomy Act (Act No. 67 of 1947), refers to the mayor of the ward or mayor of the consolidated ward) may, at no cost, certify information in the family register of an eligible victim, the general successor thereof, or the general successor of a person that is subject to a finalized ruling of eligibility, pursuant to the provisions of Municipal Ordinance (or special ward ordinance), for the public prosecutor, the remission administrator, or a person seeking to be issued a remission payment.

Article 34(1)Once a decision as referred to in Article 8, paragraph (1) or Article 21, paragraph (1) is finalized, if the public prosecutor is acting as custodian of remission funds at the time the decision is finalized, the public prosecutor is to transfer these to the general account.

(2)The preceding paragraph also applies if remission payments are issued pursuant to the provisions of Article 16, paragraph (1) (including as applied mutatis mutandis pursuant to Article 20) after procedures to restore stolen or misappropriated property have concluded, and if the public prosecutor is acting as the custodian of remission funds at the time their issuance is concluded.