We hereby sanction the matter relating to the abrogation of the Army Courtmartial Law, the Navy Courtmartial law and the First Demobilization Court and Second Demobilization Court Ordinance in accordance with the Imperial Ordinance No. 642 of the 20 th year of Showa (1945) providing the matter relating to the orders issued in connection with the acceptance of the Potsdam Declaration, and cause the same to be promulgated herewith.
Signed: Hirohito, Seal of the Emperor
This seventeenth day of the fifth month of the twenty first year of Showa (17 May, 1946)
Countersigned: Baron Kijuro Shidehara Prime Minister Minister of First Demobilization Department Minister of Second Demobilization Department
Chuzo Iwata Minister of Justice
Imperial Ordinance No. 278
The Army courtmartial Law, Navy Courtmartial Law, First Demobilization Court and the Second Demobilization Court Ordinance are hereby abrogated.
Supplementary Provisions :
This Ordinance shall be put into effect as from the day of its promulgation.
On the occasion of enforcing this ordinance, matters relating to the remaining overseas court martial and not regulatec herewith shall be disposed of in accordance with the old law.
Authorities heretofore vested in the Minister of War and the Minister of the Navy by the old law, shall hereaftes be exercised by the Prime Minister.
Those under the jurisdiction of the courts martial and, who are in Honshu, Hokkaido, Shikoku, Kyushu, and other attached islands designated by order, shall be placed under the judicial authority of the ordinary courts. When the defendant in such an instance is related to a case of which trial was still in progress at the court martial, proceedings against him shall be considered as having been dropped from the date of its transfer to an ordinary court.
Courts succeeding to the demobilization courts shall be those district courts (excluding the Tokyo District Civil Court) supervising those areas in which the demobilization courts concerned are located. The court succeeding to the overseas courts martial to be abolished subsequedtly shall be the Tokyo District Criminal Court. However, for those cases in which the crime committed is to come under the special authority vested in the Supreme Court and also appeal and extra-ordinary appeal cases to that court, shall be handled by the Supreme Court.
For cases related to previous Paragraph and which are still under review by the preliminary investigation of the courts martial or the demobilization courts, duties shall be taken over by the prosecuting attorneys of the succeeding courts.
For those cases in which decisions have been already given by the demobilization courts but which could not be settled at the time of the promulgation of this ordinance without offer of further appeal, may be appealed to the courts of appeal supervising the districts of the succeeding courts or the Supreme Court in accordance with regulations set forth in the code for criminal procedure. In such a case, the period of appeal to the courts of appeal or the Supreme Court shall be counted as from the day of the promulgation of this ordinance.
For cases under appeal and still in progress at the High Demobilization Court at the time of promulgation of this ordinance, the initial date of trial shall be newly decided in accordance with regulations set forth in the code for criminal procedure.
For Reasons concerning extra-ordinary appeal or causes making for re-examination of decisions given in accordance with regulations set forth in old laws or ordinances shall be handled in accordance with regulations set forth in old laws or ordinance.
The warrant of detention issued in accordance with regulations of the old laws or ordinances previous to the promulgation of this ordinance, shall be considered to be issued on the day of the promulgation of this ordinance in point of calculating the period of detention according to Art. 113 of the Code of Criminal Procedure. (In the case of the courts martial to be abolished with the promulgation of this ordinance, on the day of their abolishment.)
Procedures carried out in accordance with regulations set forth in old laws or ordinances previous to the promulgation of this ordinance, shall be considered effective even after the promulgation of this ordinance.
Procedures carried out in accordance with regulations set forth in old laws or ordinances previous to the promulgation of this ordinance and having equivalent regulations in the code for criminal procedure, shall be considered as having been done in accordance with latter code.