The Court Organization Law
法令番号: 法律第59号
公布年月日: 昭和22年4月16日
法令の形式: 法律
I hereby give My sanction with the advice of the Privy Council to the Court Organization Law for which the concurrence of the Imperial Diet has been obtained and cause the same to be promulgated.
Signed:HIROHITO, Seal of the Emperor
This fifteenth day of the fourth month of the twenty-second year of Showa (April 15, 1947)
Countersigned: Prime Minister YOSHIDA Shigeru
Minister of Justice KIMURA Tokutaro
Law No.59
THE COURT ORGANIZATION LAW Contents
Book I General Provisions
Book II Supreme Court
Book III Inferior Courts
Chapter I High Court
Chapter II District Court
Chapter III Summary Court
Book IV Court Officials and Judicial Apprentices
Chapter I Judges
Chapter II Court Officials Other Than Judges
Chapter III Judicial Apprentices
Book V Conduct of Trial
Chapter I Sessions
Chapter II Language of Court
Chapter III Deliberation of Judgement
Chapter IV Cooperation of Courts
Book VI Judicial Administration
Book VII Expenditure of Courts
The Court Organization Law
Book I General Provisions
Article 1.(Object of This Statute). The Supreme Court and the inferior courts prescribed in the Constitution of Japan shall be determined by this statute.
Article 2.(Inferior Courts). The inferior courts shall consist of High Courts, District Courts, and Summary Courts.
The establishment, abolition and territorial jurisdiction of inferior courts shall be provided elsewhere by statute.
Article 3.(Jurisdiction of Courts). Courts shall, except as expressly provided in the Constitution of Japan, decide all legal disputes and shall possess such other powers as are specifically provided by statute.
The provisions of the previous paragraph shall in no way prevent preliminary determinations by executive agencies.
The provisions of this Law shall in no way prevent the establishment by other statutes of a jury system for criminal cases.
Article 4.(Binding Power of Decisions). A conclusion in a decision of a Superior Court shall bind courts below in respect to the case concerned.
Article 5.(Judges). The judges of the Supreme Court shall be a Chief Judge who is called the President of the Supreme Court and other judges who are called the Judges of the Supreme Court.
The judges of inferior courts shall be a chief jndge of a High Court who is called the President of a High Court and other judges who are called Judges, Assistant Judges and Judges of the Summary Court.
The number of the Judges of the Supreme Court shall be fourteen. The number of the Judges of Inferior Courts shall be fixed elsewhere by statute.
Book II Supreme Court
Article 6.(Location). The Supreme Court shall be located in the Metropolis of Tokyo.
Article 7.(Jurisdiction). The Supreme Court shall have jurisdiction over the following matters:
1. Jokoku (appeal);
2. Kokoku (complaint) prescribed specially in codes of procedure.
Article 8.(Other Powers). The Supreme Court shall have powers specially provided by other statutes in addition to those prescribed in this statute.
Article 9.(Grand Bench and Petty Benches). The Supreme Court shall conduct hearing and render decisions through a Grand Bench and a Petty Bench.
The Grand Bench shall be a collegiate body comprised of all judges. A Petty Bench shall be a collegiate body of judges whose number shall be specified by the Supreme Court. However, a Petty Bench must be comprised of three or more judges.
One of the judges of each of the various collegiate bodies shall be the presiding judge.
The various collegiate bodies may conduct hearings and render decisions if there are present the number of judges determined by the Supreme Court.
Article 10.(Examinations of the Grand Bench and Petty Benches). Regulations of the Supreme Court shall determine which cases are to be handled by the Grand Bench and which by Petty Benches. However, in the following instances, a Petty Bench cannot under a decision:
1. Cases in which a determination is made of the Constitutionality of a statute, ordinance, regulation or disposition, as a result of the contention of a litigant;
2. Cases other than those mentioned in the previous item when the unconstitutionality of a statute, ordinance, regulation or disposition is recognized;
3. Cases in which an opinion concerning the interpretation and application of the Constitution or of any other law or ordinances is contrary to that of a decision previously rendered by the Supreme Court.
Article 11.(Expression of Opinions of Judges). The opinion of every judge must be expressed in written decisions.
Article 12.(Judicial Administrative Affairs). In its conduct of judicial administrative affairs, the Supreme Court shall act through the deliberations of the Judicial Assembly and under the general supervision of the President of the Supreme Court.
The Judicial Assembly shall consist of all judges and the President of the Supreme Court shall preside over it.
Article 13.(Secretariat). The Supreme Court shall have a Secretariat, which shall administer the miscellaneous affairs of the Supreme Court.
Article 14.(Judicial Research and Training Institute). A Judicial Research and Training Institute shall be established in the Supreme Court in order to manage affairs relating to the research and training of judges and other court officials and to the education of judicial apprentices.
Book III Inferior Courts
Chapter I High Court
Article 15. (Organization). A High Court shall consist of a President and a proper number of Judges.
Article 16. (Jurisdiction). A High Court shall have jurisdiction over the following matters:
1. Koso appeals from judgements in the first instance rendered by District Courts;
2. Kokoku complaints against rulings and orders rendered by District Courts, except those prescribed in Article 7, item 2;
3. Jokoku appeals from judgements in the second instance rendered by District Courts or from judgements in the first instance rendered by Summary Courts;
4. Actions in the first instance relating to any of the offenses mentioned in Articles 77 to 79 inclusive of the Criminal Code.
Article 17.(Other Powers). A High Court shall have, in addition to those prescribed in this statute, such powers as are specially provided by other statutes.
Article 18.(Collegiate Court System). A High Court shall handle cases through a collegiate court of judges. However, matters other than those which are to be heard and decided in court, shall be handled in accordance with other Articles as elsewhere provided by statute.
The number of judges of a collegiate court mentioned in the preceding paragraph shall be three, one of whom shall be a Presiding Judge. However, the number of judges shall be five in those cases mentioned in item 4 of Article 16.
Article 19.(Substitution of Judges). A High Court may, when there is urgent necessity for the conduct of trial proceedings, cause a Judge of a District Court within the area over which the said High Court has jurisdiction to serve as a Judge of a High Court.
Article 20.(Judicial Administrative Affairs). In its conduct of judicial administrative affairs, a High Court shall act through the deliberations of the Judicial Assembly, under the general supervision of the President of the High Court.
The Judicial Assembly of a High Court shall consist of all judges and the President of the High Court shall preside over it.
Article 21.(Secretariat). A High Court shall have a Secretariat which shall administer the miscellaneous affairs of the Court.
Article 22.(Branches). The Supreme Court may establish branches of a High Court within the area over which the High Court has jurisdiction, and cause them to perform a part of functions of the High Court.
The Supreme Court shall designate judges who shall serve at branches of a High Court.
Chapter II District Court
Article 23.(Organization). A District Court shall consist of a proper number of Judges and Assistant Judges.
Article 24.(Jurisdiction). A District Court shall have jurisdiction over the following matters:
1. Actions in the first instance, except those of offenses mentioned in item 4 of Article 16, claims mentioned in item 1 of paragraph 1 of Article 33, and offenses liable to fine or lesser punishment;
2. Koso appeals from judgments rendered by Summary Courts;
3. Complaints against rulings and orders rendered by Summary Courts except those mentioned in item 2 of Article 7.
Article 25.(Other Power). A District Court shall have in addition to those prescribed in this statute, such powers as are specially provided by other statutes and all powers over matters which are determined elsewhere by statute to belong to courts but are not given to other courts.
Article 26.(Single Judge and Collegiate Court Systems). A District Court shall, except in the cases prescribed in the second paragraph, handle cases through a single judge.
The following cases shall be handled by a collegiate court of judges. However, matters other than those which are to be heard and decided in court shall be handled in accordance with other Articles elsewhere provided by statute:
1. Cases in which a collegiate court has made a ruling to the effect that it will conduct hearing and render decisions by itself;
2. Cases regarding offenses liable to capital punishment, imprisonment with or without hard labour for life or for not less than one year (except offenses or criminal attempts mentioned in Articles 236,238 and 239 of the Criminal Code and offenses mentioned in Articles 2 and 3 of the Law No.9 of the fifth year of Showa-1930);
3. Cases of Koso appeals from the judgments rendered by Summary Courts or complaints against the rulings and orders of Summary Courts;
4. Other cases which as elsewhere provided by statute are to be heard and decided through a collegiate court.
The number of judges of a collegiate court mentioned in the preceding paragraph shall be three, one of whom shall be the Presiding Judge.
Article 27.(Limitations on the Authority of Assistant Judges). Assistant Judges cannot render decisions independently unless specially prescribed elsewhere by statute.
Two or more Assistant Judges cannot participate in a single collegiate court. Any Assistant Judge cannot be a Presiding Judge.
Article 28.(Substitution of Judges). A High Court may, when there is urgent necessity for the conduct of trial proceedings in a District Court within the area over which the said High Court has jurisdiction, cause a judge of another District Court within the said area to serve as a judge of the said District Court.
Article 29.(Judicial Administrative Affairs). The Supreme. Court shall designate one of the Judges of each District Court as the President of the Court.
In its conduct of judicial administrative affairs, a District Court shall act through the deliberation of the Judicial Assembly, under the general supervision of the President of the District Court.
The Judicial Assembly of a District Court shall consist of all Judges and the President of the District Court shall preside over it.
Article 30.(Secretariat). A District Court shall have a Secretariat which shall administer the miscellaneous affairs of the court.
Article 31.(Branches and Local Offices). The Supreme Court may establish branches and local offices of a District Court within the area over which the said District Court has jurisdiction and cause them to perform a part of functions of the District Court.
The Supreme Court shall designate judges who shall serve at branches of a District Court.
Chapter III Summary Court
Article 32.(Judges). A Summary Court shall have a proper number of Judges of the Summary Court.
Article 33.(Jurisdiction). A Summary Court shall have jurisdiction in the first instance over the following matters:
1. Claims where the value of the subject-matter of the action does not exceed five thousand yen (excluding claims for cancellation or change of administrative dispositions);
2. Actions which relate to offenses liable to fine or lighter penalty or offenses liable to a fine as an optional penalty.
A Summary Court cannot impose imprisonment (without hard labor) or a graver penalty. When it deems proper the imposition of a sentence of imprisonment (without hard labor) or a graver penalty, it must transfer cases to a District Court in accordance with the provisions of procedural codes.
Article 34.(Other Powers). A Summary Court shall have, in addition to those prescribed in this statute, such powers as are specially provided by other statutes.
Article 35.(Single Judge System). A Summary Court shall handle cases through a single judge.
Article 36.(Substitution of Judges). A District Court may, when there is urgent necessity for the conduct of trial proceedings in a Summary Court within the area over which the District Court has jurisdiction, cause a judge of another Summary Court within the said area or a judge of the District Court to serve as a judge of the said Summary Court.
Article 37.(Judicial Administrative Affairs). The. judicial administrative affairs of a Summary Court, at times when the Summary Court consists of a single judge, shall be administered by the said judge, and when there are two or more judges, by one of them designated by the Supreme Court.
Article 38.(Transfer of Duties). A District Court may, if special circumstances make impossible the performance of duties by a Summary Court situated within the area over which the District Court has jurisdiction, cause another Summary Court within the said area to perform the whole or a part of such duties.
Book IV Court Officials and Judicial Apprentice
Chapter I Judges
Article 39. (Appointment and Dismissal of Judges of The Supreme Court). The Emperor shall appoint the Chief Justice of the Supreme Court as designated by the Cabinet.
Justices of the Supreme Court shall be appointed by the Cabinet.
The Emperor shall attest the appointment and dismissal of Judges of the Supreme Court.
In making the designation of paragraph 1 and the appointment of paragraph 2, the Cabinet must consult a Judiciary Appointment Consultative Committee.
Provisions in regard to the Judiciary Appointment Consultative Committee shall be determined by Government Ordinance.
The appointment of the Chief Justice of the Supreme Court and of judges of the Supreme Court shall be reviewed by the people in accordance with statutes which provide for popular review.
Article 40.(Appointment and Dismissal of Judges of Inferior Courts). The Cabinet shall appoint Presidents of High Courts, Judges, Assistant Judges, and Judges of Summary Courts from a list of persons nominated by the Supreme Court.
The Emperor shall attest the appointment and dismissal of Presidents of High Courts.
Judges mentioned in the first paragraph shall, ten years after their appointment to office, be regarded as having completed their terms of office and may be reappointed.
Article 41.(Qualifications for Appointment of Judges of The Supreme Court). Judges of the Supreme Court shall be appointed from among persons of broad vision and extensive knowledge of law, who are not less than forty years of age. At least ten of them must be persons who have hold one or two of the positions mentioned in item 1 or 2 for not less than ten years, or one or more of the positions mentioned in the following items for the total period of twenty years or more:
1. President of the High Court;
2. Judges;
3. Judges of the Summary Court;
4. Public Procurators;
5. Lawyers;
6. Professors or assistant professors in legal science in universities which shall be determined elsewhere by statute.
In the application of the provisions of the preceding paragraph, is positions such as those of Assistant Judge, Research Official of a court, Seretary General of the Supreme Court, Secretary of a court, Teacher of the Judicial Research and Training Institute, Vice-Minister in the Ministry of Justice, Secretary of the Ministry of Justice or Juvenile Court Judge have also been held by persons who have held the positions mentioned in items 1 and 2 of the preceding paragraph for at least five years, or by persons who have held, for not less than ten years, one or more or the positions mentioned in items 3 to 6 of the preceding paragraph, such positions shall be deemed to be those mentioned in items 3 to 6 inclusive of the said paragraph.
In the application of the provisions of the two preceding paragraphs, the period of service in the positions enumerated in items 3 to 5 inclusive of the first paragraph and in the preceding paragraph, shall be computed as from the time when study as a judicial apprentice has been finished.
In a case when a person has, for three years or more, held a position as Professor or Assistant Professor of legal science in a university mentioned in item 6 of the first paragraph, and also has held a position as Judge of the Summary Court, Public Procurator (an Assistant Procurator is excluded) or lawyer, the provisions of the preceding paragraph shall not apply to the period of service in such position.
Article 42.(Qualifications for Appointment of Presidents and Judges of High Courts). Presidents and Judges of High Courts shall be appointed among those who have for ten years or longer, hold one or more of the following positions:
1. Assistant Judges;
2. Judges of the Summary Court;
3. Public Procurators;
4. Lawyers;
5. Research Officials of a court, Teachers of the Judicial Research and Training Institute, or Juvenile Court Judges;
6. Professors or Assistant Professors of legal science in universities mentioned in paragraph 1, item 6 of the preceding Article.
In the application of the provisions of the previous paragraph, persons who have for more than three years held one or more of the occupations mentioned in said paragraph and who also have held positions as administrative officials of courts or secretaries of the Ministry of Justice shall be regarded as having hold the offices enumerated in the various items of the previous paragraph.
In the application of the provisions of the preceding two paragraphs, the period of service in the positions enumerated in items 2 to 5 inclusive of paragraph 1, and in the previous paragraph shall be computed as from the time when study as a judicial apprentice has been finished.
In cases when a person has, for three years or more, hold a position as Professor or Assistant Professor of legal science at a university mentioned in item 6 of paragraph 1 of the preceding Article and the afterward served as a Judge of a Summary Court, Public Procurator (an Assistant Public Procurator is excluded) or lawyer, the provisions of the preceding paragraph shall not apply to this (latter) period of service. The same shall also be the case in respect to a person who has been appointed as a Judge of a Summary Court or a Public Procurator without having successfully completed the training of a judicial apprentice, and who later passes the examination mentioned in Article 66 and thenceforth serves as a Judge of a Summary Court, Public Procurator (an Assistant Public Procurator is excepted) or lawyer.
Article 43.(Qualification for Appointment of Assistant Judges). Assistant Judges shall be appointed from among those who have finished study as judicial apprentices.
Article 44.(Qualification for Appointment of Judges of The Summary Court). Judges of the Summary Court shall be appointed from among those who have been the Presidents or Judges of High Courts or who have held one or more of the positions mentioned in the following items for the total period of three years or more:
1. Assistant Judges;
2. Public Procurators;
3. Lawyers;
4. Research Officials of a court, Secretaries of a court, Teachers of the Judicial Research and Training Institute, Secretaries of the Ministry of Justice and Juvenile Court Judges;
5. Professors or Assistant Professors of legal science in the universities mentioned in Article 43, paragraph 1, item 6.
In the application of the provisions of the preceding paragraph, the period of service in the positions enumerated in items 2 to 4 inclusive of the said paragraph shall be computed as from the time when study as a judicial apprentice has been finished.
In cases when a person has been appointed as a Public Procurator without having successfully completed the training of a judicial apprentice, and who later passes the examination mentioned in Article 66 and thenceforth serves as a Public Procurator (an Assistant Procurator is excepted) or lawyer, the provisions of the preceding paragraph shall not apply to this (latter) period of service.
Article 45.(Selection and appointment of Judges of the Summary Court). Persons who have been engaged in judicial business for many years and who possess the knowledge and experience necessary for performing the duties of a Judge of a Summary Court may, even if they do not fall within the purview of the persons prescribed in the first paragraph of the preceding Article, be appointed Judges of the Summary Court through selection by the Selection Committee for Judges of the Summary Court.
Rules and regulations relating to this Committee shall be fixed by the Supreme Court.
Article 46.(Grounds for Incompetency for Appointment). In addition to those porsons who are incompetent to be appointed ordinary government officials according to other statute, no person falling under one of the following categories shall be appointed judge:
1. A person who has been punished with imprisonment (without hard labor) or a graver penalty;
2. A person whose dismissal from Office has been decreed by an impeachment court.
Article 47.(Assignment to Position). Judges of Inferior Courts shall be assigned to positions by the Supreme Court.
Article 48.(Guarantee of Status). A judge shall not, against his will, be dismissed, or be removed to any other official position, or be transferred from one court to another, or be suspended from exercising his judicial function, or have his salary reduced, except in accordance with the provisions of statute relating to public impeachment or national review, or unless, in accordance with provisons made elsewhere by statute, he is declared mentally or physically incompetent to perform official duties.
Article 49.(Disciplinary Punishments). When a judge has swerved from his duty, neglected his duty or degraded himself, he shall be subjected to disciplinary punishment by decisions as provided elsewhere by statute.
Article 50.(Age of Retirement). Judges of the Supreme Court shall retire upon the attainment of seventy years of age, and judges of inferior courts shall retire upon the attainment of sixty five years.
Article 51.(Compensation). The compensation received by judges shall be fixed by statute.
Artilce 52.(Prohibition of Political Activities, etc.). Judges, while in office, shall not do any of the following acts:
1. To become members of the Diet or of assemblies of local public entities or engage actively in political movements;
2. To hold another salaried position without obtaining the permission of the Supreme Court;
3. To carry on any commercial business or a business which aims at pecuniary gain.
Chapter II Court Officials Other Than Judges
Article 53.(Secretary General of the Supreme Court). In the Supreme Court there shall be one Secretary General of the Supreme Court.
The Secretary General of the Supreme Court shall be a first class official.
The Secretary General of the Supreme Court shall, under the supervision of the President of the Supreme Court, administer the affairs of the Secretariat of the Supreme Court and control and supervise officials of the Secretariat.
Article 54.(Private Secretary of the President of the Supreme Court). In the Supreme Court there shall be one Private Secretary of the President of the Supreme Court.
The Private Secretary of the President of the Supreme Court shall be a second class official.
The Private Secretary of the President of the Supreme Court shall, upon the order of the President of the Supreme Court, administer confidential affairs.
Article 55.(Teachers of the Judicial Research and Training Institute). In the Supreme Court there shall be teachers of the Judicial Research and Training Institute, whose number shall be fixed elsewhere by statute.
Teachers of the Judicial Research and Traning Institute shall be first, second or third class officials.
Teachers of the Judicial Research and Training Institute shall, under the direction of their superiors, guide the research, training and study in the Judicial Research and Training Institute.
Article 56.(Chief of the Judicial Research and Training Institute). In the Supreme Court there shall be a Chief of the Judicial Research and Training Institute who shall be assigned to the position by the Supreme Court from among the first class teachers of the Judicial Research and Training Institute.
The Chief of the Judicial Research and Training Institute shall, under the supervision of the President of the Supreme Court, administer the affairs of the Institute and control and supervise officials of the Institute.
Article 57.(Judicial Research Officials). In the Supreme Court and High Courts there shall be Judicial Research Officials whose number shall be fixed elsewhere by statute.
Judicial Research Officials shall be second class officials.
Judicial Research Officials shall, upon the order of judges, conduct the necessary research in connection with the hearing and decision of cases.
Judicial Research Officials may be appointed from among persons who have passed the examination mentioned in Article 66, in addition to those who are qualified to be appointed to ordinary second class officials.
Article 58.(Court Secretaries). In all courts there shall be Court Secretaries, whose number shall be fixed elsewhere by statute.
Court Secretaries shall be first, second or third class officials.
Court Secretaries shall, upon the order of their superiors, administer the affairs of courts.
Second class Court Secretaries may be appointed or promoted from among those who have passed the examination mentioned in Article 66, in addition to those who are qualified to be appointed or promoted to ordinary second class officials.
Article 59.(Chief of Secretariat). In each High Court and District Court there shall be a Chief of Secretariat, who shall be assigned to the position by the Supreme Court from among court secretaries.
The Chief of Secretariat of each High Court or of each District Court shall, under the supervision of the President of the High Court, or the President of the District Court respectively, administer the affairs of the Secretariat and control and supervise officials thereof.
Article 60.(Court Clerks). In each court there shall be court clerks, who shall be assigned to positions from among court secretaries by the Supreme Court, each High Court or each District Court in accordance with rules determined by the Supreme Court.
The court clerk shall prepare and have custody of records and other documents concerning the cases of the court, and conduct such other affairs as provided elsewhere by statute.
The Court Clerk shall, in exercising his duties, obey the order of judges.
If, in cases where a court clerk has received an order from a judge in regards to the preparation or alteration of a transcript of a statement or of other documents, he recognizes such preparation or alteration is not just and proper, he may attach his own opinion in writing.
Article 61.(Technical Officials of Courts). In all courts there shall be Technical Officials, whose number shall be fixed elsewhere by statute.
Technical officials of courts shall be second or third class officials.
Technical officials of courts shall, upon the order of their superiors, conduct technical affairs.
Article 62.(Marshals). There shall be marshals in each District Court.
The marshal shall be appointed by each District Court in accordance with rules determined by the Supreme Court.
The Marshal shall manage the execution of judgements, the dispatch and delivery of documents issued by the court and such other affairs as are provided elsewhere by statute.
The Marshal shall receive a commission.
If the commissions do not amount to a certain sum, he shall receive a subsidy from the national treasury.
Article 63.(Bailiffs). Each court shall employ bailiffs.
A bailiff shall conduct courtroom duties under the direction of judges and such other affairs as are determined by the Supreme Court.
At times when a court is unable to use a marshal, it may use a bailiff for the dispatch and delivery of documents in the court's vicinity.
Article 64.(Appointment, Dismissal and Promotion). The appointment, dismissal and promotion of first class court officials other than judges shall be made by the Cabinet upon the request of the Supreme Court, those of second class court officials shall be made by the Supreme Court, and those of third class court officials shall be made by the Supreme Court, a High Court or a District Court in accordance with rules determined by the Supreme Court.
Article 65.(Designation of Courts of Service). The courts where Judicial Research Officials, Court Secretaries, (except Chief of Secretariat or Court Clerks) and Technical Officials of court are to be in service shall be designated by the Supreme Court, a High Court or a District Court in accordance with rules determined by the Supreme Court.
Chapter III Judicial Apprentices
Article 66.(Appointment). Judicial apprentices shall be appointed by the Supreme Court from among those persons who have passed the judicial type higher civil service examination.
Matters relating to the examination mentioned in the preceding paragraph shall be provided by Cabinet order.
Article 67.(Study and Examination). A judicial apprentice shall complete his study, upon passing an examination at the end of two years of training.
A judicial apprentice shall receive a fixed allowance from the national treasury during his term of study.
Matters relating to the study and examination mentioned in the first paragraph shall be determined by the Supreme Court.
Artice 68.(Dismissal). The Supreme Court may dismiss a judicial apprentice when it considers that his behaviour degrades its dignity or when it considers that there exists cause specified (previously) by the Supreme Court.
Book V Conduct of Trial
Chapter I Court Sessions
Article 69.(Place of Session). Sessions shall be held at courts or branches.
The Supreme Court may, when it deems necessary, hold sessions of court at different places or cause an inferior court to hold sessions at other places which it designates, notwithstanding the provisions of the preceding paragraph.
Article 70.(Procedure for Suspension of Public Trial). In order to conduct trial in camera in accordance with the second paragraph of Article 82 of the Constitution of Japan, a court shall, before ordering spectators to leave the court room, make a statement as to the reason for this action. In delivering a judgment, a court shall cause the public to be admitted to the court room again.
Article 71.(Maintenance of Order in Court). The presiding judge or a judge who has opened a court shall maintain order in the court.
The presiding judge or a judge who has opened a court may order any person who interferes with the exercise of functions of the court or who behaves himself improperly, to leave the court, and may issue such other orders or take such measures as are necessary for the maintenance of order in the court.
Article 72.(Dispositions outside Court). At times when the court exercises its functions outside court in accordance with the provisions of other statute, the presiding judge or a single judge may order any person who interferes with the operations of the court to leave the court, and may issue other necessary orders or take other necessary measures.
The authority of the presiding judge mentioned in the preceding paragraph shall be conferred upon a judge when he exercises his functions outside court as provided elsewhere by statute.
Article 73.(Offense of Interference with a Trial). Any person who, contrary to an order mentioned in the two preceding Articles, interferes with the exercise of the functions of a court or of a judge shall be liable to imprisonment with or without hard labor for a term not exceeding one year or to a fine not exceeding one thousand yen.
Chapter II Language of Courts
Article 74.(Language of Court). In the court the Japanese language shall be used.
Chapter III Deliberation of Decisions
Article 75.(Secrecy of Deliberation). The deliberation of decisions in a collegiate court shall not take place in public, but the presence of judicial apprentices may be permitted.
Deliberation shall be begun and regulated by the presiding judge. Except as otherwise provided in this statute, strict secrecy shall be observed in respect to the proceedings of deliberation, the opinion of each judge and the number of opinions.
Article 76.(Duty to Express Opinions). Judges shall express their opinions in deliberations.
Article 77.(Decision). Except in cases when the Supreme Court has enacted special regulations in relation to Supreme Court decision, decisions shall be rendered by a majority of opinions.
In cases when decisions are rendered by majority opinion, if there are three or more different opinions in respect to the following matters, and none of them obtains the absolute majority, the decision shall be rendered in accordance with the opinion mentioned below:
1. In respect to an amount, the number of opinions in favour of the largest amount shall be added to the number of opinions in favour of the next largest amount, and so on until an absolute majority is attained. The amount of the majority opinion shall be that of the opinion in favour of the smallest amount which is held within the majority group;
2. In criminal cases, the number of opinions most unfavourable to the accused shall be added to the number of opinions next most unfavourable, and so on until an absolute majority is attained. The majority opinion then shall be that of the opinion most favourable to the accused which is held within the majority group.
Article 78.(Supplementary Judges). When the trial of a collegiate court is expected to continue for a long time, one supplementary judge may attend the trial and, should a judge of a collegiate court in the course of the trial become unable to take part in the trial, the supplementary judge may join the collegiate court to conduct hearings and render decisions in the place of the judge.
Chapter IV Cooperation of Courts
Article 79.(Cooperation of Courts). The courts shall render necessary mutual assistance in the conduct of trial.
Book VI Judicial Administration
Article 80.(Supervision of Judicial Administration). The power of supervision over judicial administration shall be exercised as follows:
1. The Supreme Court shall exercise supervision over its officials, inferior courts and officials thereof;
2. Each High Court shall exercise supervision over its officials, inferior courts within the area over which it has jurisdiction and officials of inferior courts;
3. Each District Court shall exercise supervision over its officials, and Summary Courts within the area over which it has jurisdiction and officials of Summary Courts;
4. Judges of the Summary Court prescribed in Article 37 shall exercise supervision over officials of Summary Courts other than judges of the said Summary Court.
Article 81.(Relation Between Power of Supervision and Judicial Power). The power of supervision mentioned in the preceding Article shall not influence or restrict the judicial power of judges.
Article 82.(Complaint against the Method of Performance of Functions). Complaints lodged against the methods of performance of functions of courts shall be dealt with by means of powers of supervision mentioned in Article 80.
Book VII Expenditure of Courts
Article 83.(Expenditure of Courts). Expenditures of courts shall be independently appropriated in the national budget.
A reserve fund must be provided among the expenditures mentioned in the preceding paragraph.
Supplementary Provisions:
The present Law shall come into force as from the day of the enforcement of the Constitution of Japan.
The Law of the Constitution of Courts, Regulations for the Enforcement of the Law of the Constitution of Courts, the Law of Disciplinary Punishment of Judges and the Law of Administrative Litigation shall hereby be abrogated.