I hereby give My sanction to the Law concerning the Temporary Measures of the Code of Criminal Procedure pursuant to the Enforcement of the Constitution of Japan 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 eighteenth day of the fourth month of the twenty-second year of Showa (April 18, 1947)
Countersigned: Prime Minister YOSHIDA Shigeru
Minister of Justice KIMURA Tokutaro
Article 1. The purpose of this Law is to provide temporary measures of the Code of Criminal Procedure, pursuant to the enforcement of the Constitution of Japan.
Article 2. The Code of Criminal Procedure must be interpreted in accordance with the Constitution of Japan, the Court Organization Law and the Public Procurator's Office Law.
Article 3. A suspect, when his or her person has been subjected to restraints, may select counsel. In such case the provisions of Art.39, par.2 of the Code of Criminal Procedure shall apply mutatis mutandis.
Article 4. When an accused, because of poverty or other reason, is unable to select counsel, the court must provide counsel on behalf of the accused upon his request.
Article 5. Decisions other than judgements may be rendered by an Assistant Judge alone.
Article 6. An accused or suspect who has been taken into custody must be informed immediately of the essential facts concerning the crime (for which he is apprehended) and also that he may select legal counsel.
Upon demand the reason for a detention must be stated immediately in open court in the presence of the accused or suspect and his legal counsel.
Article 7. A public procurator or a judicial police officer may not issue a warrant of arrest or detention.
A public procurator or a judicial police officer may not seize, search or inspect without a warrant of a judge. However, this shall not apply in cases in which they arrest a criminal in flagrante delicto or in which they execute a warrant of arrest or detention.
A public procurator or a judicial police office may not order an expert evidence which requires an examination of the body of a person, an autopsy, or an act of destruction of an object.
Article 8. The following rules govern the issuance of warrants of arrest and detention and the commencement of public action:
1. When there are reasonable grounds to suspect that a crime has been committed by a suspect, a public procurator or a judicial police official may arrest him upon obtaining a warrant of a judge.
2. When there are sufficient grounds to suspect the commission of a crime punishable by death, penal servitude or imprisonment for life or a period up to three years of longer, and if in addition because of great urgency a warrant of arrest cannot be obtained beforehand from a judge, a public procurator or a judicial police official may, upon the statement of the reasons therefore, apprehend a suspect. In such cases, the procedure shall be followed of requesting immediately a warrant of arrest from a judge. If a warrant of arrest is not issued, the suspect must be released immediately.
3. In the case of a person apprehended in flagrante delicto, a warrant of detention must be requested from a judge by a public procurator without delay, and in any event within the limitation of a time imposed by Articles 127 and 129 of the Code of Criminal Procedure. These time limitations must run from the time of physical apprehension. In case unavoidable circumstances prevent judicial police officials or public procurator from complying with the time limitations herein set forth, a judge may, upon a proper showing of facts, rule that the unavoidable circumstances have justified the delay involved. If a warrant of detention is not issued, the person apprehended must be released immediately.
4. A warrant of detention may be issued at the time of a warrant of arrest in the case of an apprehension according to the provisions of item 2 of this Article. In the cases of apprehensions according to the previsions of both items 1 and 2 of this Article, a warrant of detention must be requested from a judge by a public procurator without delay, and in any event within the limitations of time set by item 3 of this Article. If such a warrant is not issued, the person apprehended must be released immediately.
5. In all cases set forth in items 1, 2, 3 and 4 of this Article or any case of arrest whatsoever, the public procurator shall bring public action as promptly as possible under the circumstances. If no public action has been commenced within 10 days after a warrant of detention was requested, the suspect must be released immediately.
Article 9. Preliminary examinations shall not be conducted.
Article 10. No person shall be compelled to testify against himself.
Confession made under compulsion, torture or threat, or after prolonged arrest or detention shall not be admitted in evidence.
No person shall be convicted or punished in cases where the only proof against him is his own confession.
Article 11. Public procurator and counsel may, on the day of public trial, examine the accused, witnesses, expert witnesses, interpreters or translators, by notifying the presiding judge.
The accused may, on the day of public trial, examine the co-accused, witnesses, expert witnesses, and interpreters or translators, by notifying the presiding judge.
Article 12. If requested by the accused, documents which contain the testimony of witnesses or persons other than the accused, or documents which are to be substituted for the abovementioned ones, may not be used as evidence unless the accused is, at the time of the public trial, afforded an opportunity to examine the Persons who have given such testimony or drawn up such documents. However, when it is impossible or extremely difficult to provide such opportunities to the accused, the court may utilize such documents with proper regard for their limitations and the constitutional rights of the accused.
The provisions of Art.343 of the Code of Criminal Procedure shall not be applied.
Article 13. Jokoku appeals may be taken to the Supreme Court against second or first instance judgments rendered by the High Court, and to the High Court against the second instance judgments rendered by the District Court.
The Provisions of Arts.412 to 414 inclusive of the Code of Criminal Procedure shall not be applied.
Article 14. In cases provided for in any item of Art.416 of the Code of Criminal Procedure, a Jokoku appeal may be taken to the High Court against a judgment in the first instance rendered by the Summary Court, or to the Supreme Court against a judgment in the first instance rendered by the District Court without going through the procedure of retrial (Koso).
Article 15. When a High Court is the Appellate Court in Jokoku Appeals, it must, whenever there are causes prescribed by the Supreme Court, transfer cases to the Supreme Court by means of a ruling.
Article 16. Facts shall not be determined by an Appellate Court in the case of a Jokoku Appeal.
Article 17. Jokou Appeals to the Supreme Court may again be taken against judgments of the High Court which are rendered in cases of Jokoku Appeals only on the ground that an improper adjudication is made in the judgment to the effect that a law, ordinance, regulation or official act is or is not constitutional. However, this shall not apply to judgments which remand or transfer cases.
Jokoku Appeals provided in the preceding paragraph shall not have the effect of preventing a judgment from becoming binding. However, the Supreme Court may, by a ruling, suspend the execution of a penalty when the Jokoku Appeal provided in the preceding paragraph has been taken.
Article 18. A complaint may specially be made to the Supreme Court against those rulings or orders from which no recourse is possible under the Code of Criminal Procedure, only on the ground that the ruling or order contained an improper adjudication to the effect that a law, order, regulation or official act is or is not constitutional.
A complaint provided in the preceding paragraph shall be made within five days.
Article 19. In connection with criminal investigations and the execution of warrants, those provisions relating to the judicial police officials shall apply mutatis mutandis to administrative secretaries in a public procurator's office.
Article 20. The provisions of the Code of Criminal Procedure concerning renewal of procedure shall not be applied to the disadvantage of the accused.
Article 21. The provisions of other statutes or ordinances which are contrary to the provisions of this Law shall not be applied.
Supplementary Provisions:
This Law shall come into force as from the day of the enforcement of the Constitution of Japan.
This Law shall lose its effect on and after January 1, 1948.
The provisions of Article 12 shall, in so far as they concern trials which are pending in a court, shall not apply to documents whose examination has been completed before the effective date of this Law.
Jokoku Appeal may, according to the provisions of the Code of Criminal Procedure, be taken against judgments which have been rendered on the basis of oral arguments before the effective date of this Law.