Chapter III. Trial
Article 16.(Judges and Reserve Judges) The number of judges of the Court of Impeachment shall be seven members each from the House of Representatives and the House of Councillors. The number of the reserve judges shall be four each from both Houses.
The Provisions of Pars.2 and 3 of Art.4 shall mutatis mutandis apply to the judges or reserve judges who are the members of the House of Representatives.
The election of judges or reserve judges who are the members of the House of Councillors shall be conducted during the 1st Session of the Diet.
In case the posts of the judges or reserve judges for the members of the House of Councillors are vacant, there shall be held a by-election in the House of Councillors to fill the vacancy.
The tenure of office of the judges or the reserve judges shall be concurrent with their tenure of office as the Members either of the House of Representatives or of councillors.
The judges or reserve judges may resign with the permission of the House to Which they belong, but when the Diet is nut of session they may resign with the permission of the President of the House to which they belong.
In case where a judge is unable to discharge his duties or a judges post is vacant, a reserve judge who is the member of the House to which the judge concerned belongs shall perform the duties of the judge.
The order of the reserve judges to perform the judges duties in accordance with the provisions of the preceding paragraph shall be decided by the House to which they belong at the time of their election.
The judges and the reserve judges who perform the official functions of judges shall receive a reasonable remuneration to be agreed upon by the Presidents of both Houses.
Article 17.(The duties of the Presiding judge) The Presiding judge of the Court of Impeachment shall supervise hearings, maintain the order of the court and adjust the procedure of deliberation as well as administer the general affairs of the Court and represent it.
In case the Presiding judge is prevented from discharging his duties another judge shall act temporarily in his place in accordance with the order previously determined by the Court.
Article 18.(Chief clerk and clerks) A chief clerk and clerks shall be attached to the Court of Impeachment.
The chief clerk shall supervise general office work, and direct and supervise the clerks under the supervision of the presiding judge.
The clerks shall be in charge of the general office work under the direction of their superior.
The chief clerk and clerks shall handle the office work relating to impeachment cases under the direction of the judges, in addition to the general office work mentioned in the preceding paragraph.
The chief clerk and clerks shall be appointed by the presiding judges with the approval of the presidents of both Houses.
Article 19.(Independence of the Authority) The judges of the Court of Impeachment shall excercise their official power independently.
Article 20.(Collegiate system of the Court of Impeachment) The Court of Impeachment shall not conduct hearings or render judgment unless not less than five judges each from both Houses are present, provided the Court may otherwise determine as to matters other than hearings or judgements in the court.
Article 21.(Service of the written impeachment) The Court of Impeachment shall immediately on receipt of a written impeachment serve its copy to the judge against whom the impeachment for removal was instituted.
Article 22.(Engagement of counsel) A judge against whom an impeachment was instituted may engage his counsel at any time.
The provisions of the statutes concerning Criminal Procedure shall mutatis mutandis apply to such counsel.
Article 23.(Oral pleadings) A judgement of removal shall be based upon the oral pleading.
In case a judge against whom an impeachment was instituted does not appear at the date of oral pleading another date shall be fixed. Should the judge still fail to appear on that another date without good reason, the Court may proceed with the impeachment and render its judgement without hearing his pleading notwithstanding the provisions of the preceding paragraph.
Article 24.(Attendance of a member of the Impeachment Committee) The Chairman of the Impeachment Committee or a member of the Committee designated by the Chairman shall attend the hearings of the Court and the pronouncement of its judgement.
Article 25.(Place of Session) The Sessions shall be held at the Court of Impeachment.
The Court may, however, when it deems expedient, hold its session at other places notwithstanding the provisions of the preceding paragraph.
Article 26.(Publicity of trial) Trials in the Court of Impeachment shall be conducted and its judgement declared publicly.
Article 27.(Maintenance of Order in Court) The Presiding judge may order any person who interferes with the excercise of functions of the court or who behaves 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 28.(Examination) The Court of Impeachment may summon and examine the judge against whom an impeachment was instituted.
The provisions of the statutes concerning Criminal Procedure shall mutatis mutandis apply to the case mentioned in the preceding paragraph, but he shall not be taken into custody.
Article 29.(Evidence) The Court of Impeachment may, on its own initiative or an application, take necessary evidence, or commission a District Court for that purpose.
With respect to evidence the provisions of the statutes concerning criminal procedure shall be applicable with necessary modification;provided however that the Court of Impeachment or its presiding judge shall not order arrest, seizure, search or other forcible measure against the person, thing or place, or impose fine.
Besides the foregoing, the Court of Impeachment shall have the following power, in order to collect the necessary evidence:
1. To order the possessors of evidence to produce it.
2. To make inspection of any place necessary for the discovery of facts.
3. To request of government and public offices the production of reports and data.
Article 30.(Application with necessary modification, of provisions of the statutes concerning the Criminal procedure) The provisions of the statutes concerning the Criminal Procedure shall apply mutatis mutandis to the exclusion, refusal or excuse of a judge, the chief clerk or clerk, to trial in the court, to the preparation of Court records and to the costs of procedure.
Article 31.(Deliberation for judgement) Diliberation for judgement shall not be open to the public.
A judgement shall be determined by a majority of judges participated in the trial. But, to rendering a judgement of removal, two-thirds majority is necessary.
Article 32.(Prohibition of double jeopardy) The Court of Impeachment shall not render a judgement of removal for a cause which has already been adjudged by it.
Article 33.(Reason for judgement) When rendering a judgement, the reason there-for shall be stated.
In the reason for a judgement of removal the facts and the evidence upon which such facts have been found shall be stated.
Article 34.(Written judgement) A judgement shall be rendered in writing.
The judgement shall be signed and sealed by the judges who have participated in giving such judgement. If the Presiding Judge is unable to sign and seal, one of the judges, and if a judge other than the Presiding Judge is unable to do so, the Presiding Judge, shall make an additional entry of the fact and reason on the judgement and affix his signature and seal thereto.
Article 35.(Service of the judgment) When the Court of Judgment rendered a final judgment, it shall serve forthwith copies of the judgment to a judge against whom an impeachment had been instituted and to the Supreme Court.
Article 36.(Publication of judgment) A judgement of the Court of Judgement shall be publicly notified in the Official Gazette.
Article 37.(Effects of judgement of removal) A judge shall be removed upon the pronouncement of a judgement of removal.
Article 38.(Recovery of judicial qualification) The Court of Impeachment may, in the following cases, hear the application of the judges removed on impeachment for the recovery of their judicial qualification:
1. If upon the lapse of 5 years from the date of the judgement of removal a justification exists
2. If any new evidence is found to prove the absence of the cause of removal or otherwise a justification exists for the recovery of the judicial qualification.
A judgement for the recovery of qualification shall restore to the applicant the qualification which he lost in accordance with the provisions of laws by virtue of the original judgment for impeachment.
Article 39.(Suspension of functions as a judge) The Court of Impeachment may suspend at any time the exercise of functions by the judge against whom an impeachment has been instituted.
Article 40.(Relation between the Proceedings of impeachment and the Criminal Procedure) The Court of Impeachment may suspend its proceedings pending the proceedings in a criminal court for the same cause.
Article 41.(Reservation of dismissal) A judge against whom an impeachment has been instituted shall not, even on personal application for dismissal, be dismissed by any person authorized to do so pending the final judgement by the Court of Impeachment.
Article 42.(Power to make rules) Except as provided elsewhere by this statute, the Court of Impeachment shall have power of making rules of its own procedure.