- Part I General Provisions
- Chapter I Jurisdiction of the Courts
- Chapter II Disqualification and Recusal of Court Officials
- Chapter III Competence to Stand Trial
- Chapter IV Counsel and Assistants
- Chapter V Decisions
- Chapter VI Documents and Service
- Chapter VII Periods
- Chapter VIII Summons, Subpoena and Detention of the Accused
- Chapter IX Search and Seizure
- Chapter X Inspection
- Chapter XI Examination of Witnesses
- Chapter XII Expert Evidence
- Chapter XIII Interpretation and Translation
- Chapter XIV Preservation of Evidence
- Chapter XV Court Costs
- Chapter XVI Compensation of Costs
- Part II First Instance
Code of Criminal Procedure
(Act No. 131 of July 10, 1948)
Part I General Provisions
Article 1 The purpose of this Code, with regard to criminal cases, is to reveal the true facts of cases and to apply and realize criminal laws and regulations quickly and appropriately, while ensuring the maintenance of public welfare and the guarantee of the fundamental human rights of individuals.
Chapter I Jurisdiction of the Courts
Article 2 (1) The territorial jurisdiction of the courts shall be determined by the place where the crime was committed, the place where the domicile or the residence of the accused is located, or the place where the accused is at present.
(2) With respect to a crime committed on board a Japanese vessel while outside Japanese territory, the territorial jurisdiction shall 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 the crime was
committed.
(3) With respect to a crime committed on a Japanese aircraft outside Japanese territory, the territorial jurisdiction shall be determined, in addition to the places prescribed in paragraph (1), by the place where such aircraft landed (including landing on water) after the crime was committed.
Article 3 (1) When two or more cases falling under the subject matter jurisdiction of different courts are related to each other, a higher court may exercise jurisdiction over all of them jointly.
(2) When a case falls under the special jurisdiction of a high court and other cases are related to it, the high court may exercise jurisdiction over all of the cases jointly.
Article 4 When two or more related cases falling under the subject matter
jurisdiction of different courts are pending before a higher court and there is any case which need not be tried jointly by it, the higher court may, by a ruling, transfer such case to a lower court which has jurisdiction over it.
Article 5 (1) When two or more related cases are separately pending before a higher
court and a lower court, the higher court may, by a ruling, regardless of the subject matter jurisdiction, try the case falling under the jurisdiction of the lower court jointly.
(2) When a case falling under the special jurisdiction of a high court is pending before it and a related case is pending before a lower court, the high court may, by a ruling, try the case falling under the jurisdiction of the lower court jointly.
Article 6 When 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 others jointly; provided,
however, that such court shall not exercise jurisdiction over a case which falls
under the jurisdiction of a particular court pursuant to the provisions of other
acts.
Article 7 When two or more related cases falling under the territorial jurisdiction of different courts are pending before one court and there is any case which need not be tried jointly by it, the court may, by a ruling, transfer such case to another court which has jurisdiction over it.
Article 8 (1) When two or more related cases are separately pending before different courts which have the same subject matter jurisdiction, each court may, upon the request of a public prosecutor or the accused, decide by a ruling, that they shall be tried jointly in one court.
(2) When the rulings of several courts as given in the preceding paragraph have not come to an accord, the next higher court common to all of these courts may, upon the request of a public prosecutor or the accused, decide by a ruling, that the cases shall be tried jointly in one court.
Article 9 (1) Two or more cases shall be deemed to be related when: - (i)
- One person has committed several crimes;
- (ii)
- Several persons have jointly committed the same crime or several separate crimes;
(iii) Several persons have conspired with one other, and each of them has
committed crimes separately.
(2) The crimes of harboring criminals, suppressing evidence, perjury, false expert evidence or interpretation and the crime concerning stolen property on the one hand, and the crime of the principal offender on the other, shall be deemed to have been committed jointly.
Article 10 (1) When the same case is pending before several courts differing in
subject matter jurisdiction, it shall be tried by a higher court.
(2) The higher court may, upon the request of a public prosecutor or the accused, decide by a ruling, that a lower court which has jurisdiction over the case shall try it.
Article 11 (1) When the same case is pending before several courts which have the same subject matter jurisdiction, it shall be tried by the court in which prosecution was instituted first.
(2) The next higher court common to all of these courts may, upon the request of a public prosecutor or the accused, decide by a ruling, that the case shall be tried by a court in which prosecution was instituted later.
Article 12 (1) When it is necessary for the purpose of discovering facts, a court may execute its duties outside the district under its jurisdiction.
(2) The provision of the preceding paragraph shall apply mutatis mutandis to a commissioned judge.
Article 13 The court proceedings shall not lose their effects by reason of lacking jurisdiction.
Article 14 (1) In a case requiring urgency, a court may, even when it has no jurisdiction, take such measures as may be necessary for discovery of facts.
(2) The provision of the preceding paragraph shall apply mutatis mutandis to a commissioned judge.
Article 15 A public prosecutor shall request the next higher court common to all of the relevant courts of first instance to designate the court which shall have jurisdiction when: - (i)
- The competent court of jurisdiction cannot be determined since the
jurisdictional district is not clear;
- (ii)
- There is no other court with jurisdiction over a case with respect to which a decision has become final that a certain court lacks jurisdiction.
Article 16 When there is, by act, no court which has jurisdiction, or when it is impossible to ascertain such court, the ProsecutorGeneral shall request the Supreme Court to designate the court which is to have jurisdiction.
Article 17 (1) A public prosecutor shall request the next higher court of the court concerned to effect a change of jurisdiction when: - (i)
- The competent court is unable to exercise its jurisdiction owing to legal
reasons or special circumstances;
- (ii)
- There is the fear 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 any other circumstances.
- (2)
- In the cases prescribed in each of the items of the preceding paragraph, the accused may also request a change of jurisdiction.
Article 18 When, owing to the nature of the crime, the general sentiment of the local people in the district or any other circumstances, there is the fear that public safety will be disrupted if the case were to be tried by the court which has jurisdiction over it, the ProsecutorGeneral shall request the Supreme Court to
effect a change of jurisdiction.
Article 19 (1) When a court deems it appropriate, the court may, either upon the request of a public prosecutor or the accused, or ex officio, by a ruling, transfer a case under its jurisdiction to another competent court which has the same subject matter jurisdiction. - (2)
- The ruling of a transfer shall not be made once examination of the evidence for the case has commenced.
- (3)
- Only when a ruling in favor of a transfer or a ruling dismissing a request for a transfer seriously impairs the interests of a party may an immediate appeal against such ruling be filed by a prima facie showing of such grounds.
Chapter II Disqualification and Recusal of Court Officials
Article 20 A judge shall be disqualified from execution of his/her duty when: - (i)
- The judge is the victim;
- (ii)
- The judge is or was a relative of the accused or the victim;
(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; - (iv)
- The judge has become a witness or an expert witness in the case;
- (v)
- The judge has become a representative, counsel or assistant for the accused in the case;
- (vi)
- The judge has executed the duty of a public prosecutor or a judicial police officer in the case;
(vii) With regard to the case, the judge has participated in a ruling, summary
order or the decision of the lower court prescribed in item (ii) of Article 266, 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 shall not apply when he/she participated as a delegated judge.
Article 21 (1) When a judge is to be disqualified from execution of his/her duty, or there is the fear that he/she may make a prejudicial decision, a public prosecutor or the accused may recuse such judge.
(2) The counsel may recuse a judge on behalf of the accused; provided, however, that such recusal is not contrary to the intent expressed by the accused.
Article 22 Once a request or a statement has been made with regard to a case, a party shall not recuse a judge on the grounds that there is the fear that he/she may make a prejudicial decision; provided, however, that that this shall not apply when the party did not know of the existence of a cause for recusal or when such cause occurred later.
Article 23 (1) When a judge who is a member of a collegiate panel is recused, the
court to which such judge is assigned shall make the ruling. In such case, when
the court is a district court or a family court, the ruling shall be made by a
collegiate panel.
- (2)
- When an individual judge who is assigned to a district court or family court is recused, a collegiate panel which is assigned to the same district or family court shall make the ruling. When an individual judge who is assigned to a summary court is recused, a collegiate panel which is assigned to the district court which
has jurisdiction shall make the ruling; provided, however, that when the recused judge admits that the recusal has cause, such ruling shall be deemed to have been made.
- (3)
- The recused judge shall not participate in the ruling prescribed in the preceding two paragraphs.
- (4)
- When the court is unable to make the ruling because of the withdrawal of the recused judge, the ruling shall be rendered by the next higher court.
Article 24 (1) When it is clear that the recusal of a judge has been made merely for the purpose of delaying the proceedings, such recusal shall be dismissed by a ruling. Paragraph (3) of the preceding Article shall not apply to such case. The same shall apply 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.
(2) In the cases given in the preceding paragraph, a recused commissioned judge or a recused judge of a district court, family court or summary court, may dismiss the recusal.
Article 25 An immediate appeal against a ruling of dismissal of a recusal may be
filed.
Article 26 (1) The provisions of this chapter shall apply mutatis mutandis to court clerks except for the provisions of item (vii) of Article 20.
(2) The court to which the court clerk is assigned shall make the ruling; provided, however, that in cases prescribed in paragraph (1) of Article 24, the commissioned judge to whom the court clerk is assigned may make the ruling to dismiss the recusal.
Chapter III Competence to Stand Trial
Article 27 (1) When the accused or the suspect is a legal person, its representative shall represent it with regard to a procedural action.
(2) When a legal person is represented by two or more persons jointly, each person shall represent it with regard to a procedural action.
Article 28 When 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, his/her legal representative (when there are two persons who have
parental authority, respectively; the same shall apply hereinafter) shall, with regard to a procedural action, represent him/her.
Article 29 (1) When, pursuant to the provisions of the preceding two Articles, there is no one to represent the accused, the court shall, upon the request of a public prosecutor or ex officio, appoint a special representative. - (2)
- When pursuant to the provisions of the preceding two Articles, there is no one to represent the suspect, the court shall, upon the request of a public prosecutor, judicial police officer or an interested person, appoint a special representative.
- (3)
- The special representative shall exercise his/her functions until another person is able to represent the accused or the suspect with regard to procedural actions.
Chapter IV Counsel and Assistants
Article 30 (1) The accused or the suspect may appoint counsel at any time.
(2) The legal representative, curator, spouse, lineal relative, brother or sister of the accused or suspect may independently appoint counsel.
Article 31 (1) A counsel shall be appointed from among lawyers.
(2) In a summary court, family court or district court, any person who is not a lawyer may, with the permission of the court, be appointed to be a counsel; provided, however, that this shall apply, in a district court, only when there is another counsel appointed from among lawyers.
Article 32 (1) The appointment of counsel made prior to the institution of prosecution shall have its effect also in the trial of first instance.
(2) The appointment of counsel after the institution of prosecution shall be made at each instance.
Article 33 When there is more than one counsel for the accused, a chief defense counsel shall be designated pursuant to the Rules of Court.
Article 34 The judicial power of the chief counsel prescribed in the preceding Article shall be provided by the Rules of Court.
Article 35 The court may limit the number of counsel of the accused or the suspect pursuant to the Rules of Court; provided, however, that with regard to the counsel for the accused, this shall only be when there are special circumstances.
Article 36 When the accused is unable to appoint counsel because of indigency or other reasons, the court shall appoint counsel for the accused upon his/her request; provided, however, that this shall not apply when counsel has been appointed by a person other than the accused.
Article 37 The court may appoint counsel exofficio if there is no counsel for the accused when: - (i)
- The accused is a minor;
- (ii)
- The accused is over seventy years of age;
(iii) The accused is unable to hear or speak; - (iv)
- There is the possibility that the accused is insane or has diminished capacity;
- (v)
- It is deemed necessary for other reasons.
- (2)
- The counsel who is appointed pursuant to the provision of the preceding
Article 38 (1) A counsel to be appointed by a court or a presiding judge pursuant to the provisions of this Code shall be appointed from among lawyers.
paragraph shall be entitled to travel expenses, a daily allowance, accommodation charges and remuneration.
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 counsel or prospective counsel upon the request of a person entitled to appoint counsel (with regard to a person who is not a lawyer, this shall apply only after the permission prescribed in paragraph (2) of Article 31 has been obtained). - (2)
- With regard to the interview or the sending or receiving of documents or articles prescribed in the preceding paragraph, such measures may be provided by laws and regulations (including the Rules of Court; the same shall apply hereinafter) as are necessary to prevent the flight of the accused or the suspect, the concealment or destruction of evidence, or the sending or receiving of articles which may hinder safe custody.
- (3)
- A public prosecutor, public prosecutor's assistant officer or judicial police official
("judicial police official" means both a judicial police officer and a judicial constable; the same shall apply 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 shall not unduly restrict the rights of the suspect to prepare for defense.
Article 40 (1) A counsel may, after the institution of prosecution, inspect and copy in the court, documents and articles of evidence relating to the trial; provided, however, that the counsel shall obtain permission from the presiding judge when copying the articles of evidence.
(2) Notwithstanding the preceding paragraph, the recording medium prescribed in paragraph (3) of Article 1574 shall not be copied.
Article 41 A counsel may undertake a procedural action independently only when especially provided for in this Code.
Article 42 (1) The legal representative, curator, spouse, lineal relative, brother or sister of the accused may become an authorized assistant at any time. - (2)
- In order to become an authorized assistant, notification shall be given at each instance.
- (3)
- An authorized assistant may undertake a procedural action that the accused is
able to undertake insofar as it is not contrary to the intent expressed by the accused; provided, however, that this shall not apply when otherwise provided for in this Code.
Chapter V Decisions
Article 43 (1) Except as otherwise provided for in this Code, a judgment shall be rendered on the basis of oral arguments. - (2)
- A ruling or an order shall not necessarily be made on the basis of the oral arguments.
- (3)
- The court or a judge may, when it is necessary to make a ruling or an order, conduct an examination of the facts.
- (4)
- The examination prescribed in the preceding paragraph may be made by a judge who is a member of a collegiate panel, or may be delegated to a judge of a district court, family court or summary court.
Article 44 (1) A decision shall be accompanied by the reason thereof.
(2) A ruling or an order against which no appeal can be filed need not be accompanied by the reason; provided, however, that this shall not apply to a ruling against which an objection may be filed pursuant to the provision of paragraph (2) of Article 428.
Article 45 A decision other than a judgment may be made by an assistant judge.
Article 46 The accused or any other person concerned in the case may request, at his/her own cost, a transcript or an extract of the written decision or the trial record in which the decision is recorded.
Chapter VI Documents and Service
Article 47 No document relating to the trial shall be made public prior to the
commencement of the trial; provided, however, that this shall not apply when it is necessary for the public interest or other reasons, and when the court believes it to be appropriate.
Article 48 (1) The court proceedings on the trial dates shall be recorded in the trial records. - (2)
- Important matters relating to the trial on the trial dates shall be recorded in the trial records pursuant to the Rules of Court.
- (3)
- The trial records shall be completed promptly after each trial date, and, at the latest, by the time of pronouncement of the judgment; provided, however, that
this shall not apply to the trial record for the trial date on which the judgment is
pronounced.
Article 49 The accused, when he/she has no counsel, may inspect the trial records pursuant to the Rules of Court. When the accused is unable to read or see, he/she may request the trial records to be read out aloud.
Article 50 (1) When the trial records have not been completed by the time of the next trial date, the court clerk shall, upon the request of a public prosecutor, the accused or counsel, give either on or before the next trial date, a summary of the statements given by the witnesses in the last trial. In this case, when the public prosecutor, the accused or the counsel who has made the request raises an objection to the accuracy of the summary of the statements, such objection shall be recorded in the trial records.
(2) When the trial records of a trial without the appearance of the accused and counsel have not been completed before the next trial date, the court clerk shall inform, either on or before the next trial date, the accused or the counsel who has appeared of important matters relating to the trial held on the previous trial date.
Article 51 (1) A public prosecutor, the accused or counsel may raise an objection to the accuracy of the trial records. When such an objection is raised, it shall be so recorded in the trial records.
(2) The objection prescribed in the preceding paragraph shall be raised, at the
latest, within 14 days after the last trial date of that instance; provided, however, that with regard to the trial record for the trial date on which the judgment is pronounced, the objection may be raised within 14 days after completion of the
trial records.
Article 52 The court proceedings on the trial dates recorded in the trial records shall be proved only by the trial records.
Article 53 (1) Any person may inspect the case records after conclusion of the case; provided, however, that this shall not apply when such inspection interferes with the preservation of the case records or the business of the court or the public prosecutors office.
(2) Notwithstanding the preceding paragraph, only persons concerned in the case or a person who has justifiable reason and has 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 the case
records being inspected owing to the inappropriateness of inspection by the
public. - (3)
- With regard to the cases prescribed in the provision of paragraph (2) of Article
82 of the Constitution of Japan, the case records shall not be prohibited for
inspection.
- (4)
- Matters concerning the preservation of the case records and the fees for inspection of the case records shall be provided by other acts.
Article 532 The provisions of the Act on Access to Information Held by Administrative Organs (Act No. 42 of 1999) shall not apply to documents relating to trials and seized articles.
Article 54 Except as otherwise provided for by the Rules of Court, the provisions of laws and regulations concerning civil procedure (excluding the provisions concerning service by public notification) shall apply mutatis mutandis to the service of documents.
Chapter VII Periods
Article 55 (1) In the calculation of periods, those that are calculated by hours shall begin to run immediately, and those that are calculated by days, months or years shall not include the first day; provided, however, that the first day of a period of prescription shall be included as one day irrespective of the hours of that day. - (2)
- Months and years shall be calculated in accordance with the calendar
- (3)
- When the last day of a 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 shall not be included in the period; provided, however, that this shall not apply to the period of prescription.
Article 56 (1) A period specified by act 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 prosecutors office is located, and the
inconvenience of transportation and communication facilities.
(2) The preceding paragraph shall not apply to the period for filing an appeal against a pronounced decision.
Part I General Provisions
Article 1 The purpose of this Code, with regard to criminal cases, is to reveal the true facts of cases and to apply and realize criminal laws and regulations quickly and appropriately, while ensuring the maintenance of public welfare and the guarantee of the fundamental human rights of individuals.
Article 2 (1) The territorial jurisdiction of the courts shall be determined by the place where the crime was committed, the place where the domicile or the residence of the accused is located, or the place where the accused is at present.
(2) With respect to a crime committed on board a Japanese vessel while outside Japanese territory, the territorial jurisdiction shall be determined, in addition to
the places prescribed in the preceding paragraph, by the place of the port of (3) With respect to a crime committed on a Japanese aircraft outside Japanese territory, the territorial jurisdiction shall be determined, in addition to the places prescribed in paragraph (1), by the place where such aircraft landed (including landing on water) after the crime was committed.
Article 3 (1) When two or more cases falling under the subject matter jurisdiction of different courts are related to each other, a higher court may exercise jurisdiction over all of them jointly.
(2) When a case falls under the special jurisdiction of a high court and other cases are related to it, the high court may exercise jurisdiction over all of the cases jointly.
Article 4 When two or more related cases falling under the subject matter
jurisdiction of different courts are pending before a higher court and there is any case which need not be tried jointly by it, the higher court may, by a ruling, transfer such case to a lower court which has jurisdiction over it.
Article 5 (1) When two or more related cases are separately pending before a higher court and a lower court, the higher court may, by a ruling, regardless of the subject matter jurisdiction, try the case falling under the jurisdiction of the lower court jointly.
(2) When a case falling under the special jurisdiction of a high court is pending before it and a related case is pending before a lower court, the high court may, by a ruling, try the case falling under the jurisdiction of the lower court jointly.
Article 6 When two or more cases falling under the territorial jurisdiction of Article 7 When two or more related cases falling under the territorial jurisdiction of different courts are pending before one court and there is any case which need not be tried jointly by it, the court may, by a ruling, transfer such case to another court which has jurisdiction over it.
Article 8 (1) When two or more related cases are separately pending before different courts which have the same subject matter jurisdiction, each court may, upon the request of a public prosecutor or the accused, decide by a ruling, that they shall be tried jointly in one court.
(2) When the rulings of several courts as given in the preceding paragraph have not come to an accord, the next higher court common to all of these courts may, upon the request of a public prosecutor or the accused, decide by a ruling, that the cases shall be tried jointly in one court.
Article 9 (1) Two or more cases shall be deemed to be related when: (iii) Several persons have conspired with one other, and each of them has (2) The crimes of harboring criminals, suppressing evidence, perjury, false expert evidence or interpretation and the crime concerning stolen property on the one hand, and the crime of the principal offender on the other, shall be deemed to have been committed jointly.
Article 10 (1) When the same case is pending before several courts differing in (2) The higher court may, upon the request of a public prosecutor or the accused, decide by a ruling, that a lower court which has jurisdiction over the case shall try it.
Article 11 (1) When the same case is pending before several courts which have the same subject matter jurisdiction, it shall be tried by the court in which prosecution was instituted first.
(2) The next higher court common to all of these courts may, upon the request of a public prosecutor or the accused, decide by a ruling, that the case shall be tried by a court in which prosecution was instituted later.
Article 12 (1) When it is necessary for the purpose of discovering facts, a court may execute its duties outside the district under its jurisdiction.
(2) The provision of the preceding paragraph shall apply mutatis mutandis to a commissioned judge.
Article 13 The court proceedings shall not lose their effects by reason of lacking jurisdiction.
Article 14 (1) In a case requiring urgency, a court may, even when it has no jurisdiction, take such measures as may be necessary for discovery of facts.
(2) The provision of the preceding paragraph shall apply mutatis mutandis to a commissioned judge.
Article 15 A public prosecutor shall request the next higher court common to all of the relevant courts of first instance to designate the court which shall have jurisdiction when: Article 16 When there is, by act, no court which has jurisdiction, or when it is impossible to ascertain such court, the ProsecutorGeneral shall request the Supreme Court to designate the court which is to have jurisdiction.
Article 17 (1) A public prosecutor shall request the next higher court of the court concerned to effect a change of jurisdiction when: Article 18 When, owing to the nature of the crime, the general sentiment of the local people in the district or any other circumstances, there is the fear that public safety will be disrupted if the case were to be tried by the court which has jurisdiction over it, the ProsecutorGeneral shall request the Supreme Court to
effect a change of jurisdiction.
Article 19 (1) When a court deems it appropriate, the court may, either upon the request of a public prosecutor or the accused, or ex officio, by a ruling, transfer a case under its jurisdiction to another competent court which has the same subject matter jurisdiction. Article 20 A judge shall be disqualified from execution of his/her duty when: (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; (vii) With regard to the case, the judge has participated in a ruling, summary
order or the decision of the lower court prescribed in item (ii) of Article 266, 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 shall not apply when he/she participated as a delegated judge.
Article 21 (1) When a judge is to be disqualified from execution of his/her duty, or there is the fear that he/she may make a prejudicial decision, a public prosecutor or the accused may recuse such judge.
(2) The counsel may recuse a judge on behalf of the accused; provided, however, that such recusal is not contrary to the intent expressed by the accused.
Article 22 Once a request or a statement has been made with regard to a case, a party shall not recuse a judge on the grounds that there is the fear that he/she may make a prejudicial decision; provided, however, that that this shall not apply when the party did not know of the existence of a cause for recusal or when such cause occurred later.
Article 23 (1) When a judge who is a member of a collegiate panel is recused, the Article 24 (1) When it is clear that the recusal of a judge has been made merely for the purpose of delaying the proceedings, such recusal shall be dismissed by a ruling. Paragraph (3) of the preceding Article shall not apply to such case. The same shall apply 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.
(2) In the cases given in the preceding paragraph, a recused commissioned judge or a recused judge of a district court, family court or summary court, may dismiss the recusal.
Article 25 An immediate appeal against a ruling of dismissal of a recusal may be Article 26 (1) The provisions of this chapter shall apply mutatis mutandis to court clerks except for the provisions of item (vii) of Article 20.
(2) The court to which the court clerk is assigned shall make the ruling; provided, however, that in cases prescribed in paragraph (1) of Article 24, the commissioned judge to whom the court clerk is assigned may make the ruling to dismiss the recusal.
Article 27 (1) When the accused or the suspect is a legal person, its representative shall represent it with regard to a procedural action.
(2) When a legal person is represented by two or more persons jointly, each person shall represent it with regard to a procedural action.
Article 28 When 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, his/her legal representative (when there are two persons who have
parental authority, respectively; the same shall apply hereinafter) shall, with regard to a procedural action, represent him/her.
Article 29 (1) When, pursuant to the provisions of the preceding two Articles, there is no one to represent the accused, the court shall, upon the request of a public prosecutor or ex officio, appoint a special representative. Chapter IV Counsel and Assistants
Article 30 (1) The accused or the suspect may appoint counsel at any time.
(2) The legal representative, curator, spouse, lineal relative, brother or sister of the accused or suspect may independently appoint counsel.
Article 31 (1) A counsel shall be appointed from among lawyers.
(2) In a summary court, family court or district court, any person who is not a lawyer may, with the permission of the court, be appointed to be a counsel; provided, however, that this shall apply, in a district court, only when there is another counsel appointed from among lawyers.
Article 32 (1) The appointment of counsel made prior to the institution of prosecution shall have its effect also in the trial of first instance.
(2) The appointment of counsel after the institution of prosecution shall be made at each instance.
Article 33 When there is more than one counsel for the accused, a chief defense counsel shall be designated pursuant to the Rules of Court.
Article 34 The judicial power of the chief counsel prescribed in the preceding Article shall be provided by the Rules of Court.
Article 35 The court may limit the number of counsel of the accused or the suspect pursuant to the Rules of Court; provided, however, that with regard to the counsel for the accused, this shall only be when there are special circumstances.
Article 36 When the accused is unable to appoint counsel because of indigency or other reasons, the court shall appoint counsel for the accused upon his/her request; provided, however, that this shall not apply when counsel has been appointed by a person other than the accused.
Article 37 The court may appoint counsel exofficio if there is no counsel for the accused when: (iii) The accused is unable to hear or speak; Article 38 (1) A counsel to be appointed by a court or a presiding judge pursuant to the provisions of this Code shall be appointed from among lawyers.
paragraph shall be entitled to travel expenses, a daily allowance, accommodation charges and remuneration.
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 counsel or prospective counsel upon the request of a person entitled to appoint counsel (with regard to a person who is not a lawyer, this shall apply only after the permission prescribed in paragraph (2) of Article 31 has been obtained). ("judicial police official" means both a judicial police officer and a judicial constable; the same shall apply 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 shall not unduly restrict the rights of the suspect to prepare for defense.
Article 40 (1) A counsel may, after the institution of prosecution, inspect and copy in the court, documents and articles of evidence relating to the trial; provided, however, that the counsel shall obtain permission from the presiding judge when copying the articles of evidence.
(2) Notwithstanding the preceding paragraph, the recording medium prescribed in paragraph (3) of Article 1574 shall not be copied.
Article 41 A counsel may undertake a procedural action independently only when especially provided for in this Code.
Article 42 (1) The legal representative, curator, spouse, lineal relative, brother or sister of the accused may become an authorized assistant at any time. able to undertake insofar as it is not contrary to the intent expressed by the accused; provided, however, that this shall not apply when otherwise provided for in this Code.
Article 43 (1) Except as otherwise provided for in this Code, a judgment shall be rendered on the basis of oral arguments. Article 44 (1) A decision shall be accompanied by the reason thereof.
(2) A ruling or an order against which no appeal can be filed need not be accompanied by the reason; provided, however, that this shall not apply to a ruling against which an objection may be filed pursuant to the provision of paragraph (2) of Article 428.
Article 45 A decision other than a judgment may be made by an assistant judge.
Article 46 The accused or any other person concerned in the case may request, at his/her own cost, a transcript or an extract of the written decision or the trial record in which the decision is recorded.
Article 47 No document relating to the trial shall be made public prior to the
commencement of the trial; provided, however, that this shall not apply when it is necessary for the public interest or other reasons, and when the court believes it to be appropriate.
Article 48 (1) The court proceedings on the trial dates shall be recorded in the trial records. this shall not apply to the trial record for the trial date on which the judgment is
pronounced.
Article 49 The accused, when he/she has no counsel, may inspect the trial records pursuant to the Rules of Court. When the accused is unable to read or see, he/she may request the trial records to be read out aloud.
Article 50 (1) When the trial records have not been completed by the time of the next trial date, the court clerk shall, upon the request of a public prosecutor, the accused or counsel, give either on or before the next trial date, a summary of the statements given by the witnesses in the last trial. In this case, when the public prosecutor, the accused or the counsel who has made the request raises an objection to the accuracy of the summary of the statements, such objection shall be recorded in the trial records.
(2) When the trial records of a trial without the appearance of the accused and counsel have not been completed before the next trial date, the court clerk shall inform, either on or before the next trial date, the accused or the counsel who has appeared of important matters relating to the trial held on the previous trial date.
Article 51 (1) A public prosecutor, the accused or counsel may raise an objection to the accuracy of the trial records. When such an objection is raised, it shall be so recorded in the trial records.
(2) The objection prescribed in the preceding paragraph shall be raised, at the
latest, within 14 days after the last trial date of that instance; provided, however, that with regard to the trial record for the trial date on which the judgment is pronounced, the objection may be raised within 14 days after completion of the
trial records.
Article 52 The court proceedings on the trial dates recorded in the trial records shall be proved only by the trial records.
Article 53 (1) Any person may inspect the case records after conclusion of the case; provided, however, that this shall not apply when such inspection interferes with the preservation of the case records or the business of the court or the public prosecutors office.
(2) Notwithstanding the preceding paragraph, only persons concerned in the case or a person who has justifiable reason and has 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 the case
records being inspected owing to the inappropriateness of inspection by the
public. Article 532 The provisions of the Act on Access to Information Held by Administrative Organs (Act No. 42 of 1999) shall not apply to documents relating to trials and seized articles.
Article 54 Except as otherwise provided for by the Rules of Court, the provisions of laws and regulations concerning civil procedure (excluding the provisions concerning service by public notification) shall apply mutatis mutandis to the service of documents.
Article 55 (1) In the calculation of periods, those that are calculated by hours shall begin to run immediately, and those that are calculated by days, months or years shall not include the first day; provided, however, that the first day of a period of prescription shall be included as one day irrespective of the hours of that day. Article 56 (1) A period specified by act 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 prosecutors office is located, and the
inconvenience of transportation and communication facilities.
(2) The preceding paragraph shall not apply to the period for filing an appeal against a pronounced decision.
Chapter I Jurisdiction of the Courts
registry of such vessel or the place of the port of call after the crime was
committed.
different courts are related to each other, any court which has jurisdiction over
one of these cases may exercise jurisdiction over the others jointly; provided,
however, that such court shall not exercise jurisdiction over a case which falls
under the jurisdiction of a particular court pursuant to the provisions of other
acts.
committed crimes separately.
subject matter jurisdiction, it shall be tried by a higher court.
jurisdictional district is not clear;
reasons or special circumstances;
Chapter II Disqualification and Recusal of Court Officials
court to which such judge is assigned shall make the ruling. In such case, when
the court is a district court or a family court, the ruling shall be made by a
collegiate panel.
filed.
Chapter III Competence to Stand Trial
Chapter V Decisions
Chapter VI Documents and Service
inspection.
Chapter VII Periods