I hereby promulgate the Law of Impeachment of Judges. Signed:HIROHITO, Seal of the Emperor This twentieth day of the eleventh month of the twenty-second year of Showa (November 20, 1947) Prime Minister KATAYAMA Tetsu Law No.137 Contents of the Law of Impeachment of Judges Chapter I. General Provisions Chapter II. Procedures of Impeachment Chapter III. Trial Chapter IV. Penalty Supplementary Provision Law of Impeachment of Judges Chapter I. General Provisions

Article 1. (Purport of this law) Impeachment of judges shall be proceeded with in accordance with the provisions of this act, in addition to those prescribed in the Diet Law.

Article 2. (Grounds for removal by impeachment) A judge is liable to be removed from his post on being impeached and convicted for any of the following offences: 1) Conduct in grave contraventions of official duties or Grave neglect of official duties. 2) Other misconducts seriously affecting the integrity of a judge.

Article 3. (Location of the Court of Impeachment and the Impeachment Committee) The Court of Impeachment and the Impeachment Committee shall be located in Tokyo Metropolis.

Article 4. (Functioning of the Court of Impeachment and the Impeachment Committee) The Court of Impeachment and the Impeachment Committee may function even while the Diet is out of session.

Chapter II. Procedures of Impeachment

Article 5. (Members and reserve members of the Impeachment Committee) The number of members of the Impeachment Committee shall be twenty and that of reserve members shall be ten. The election of the members and the reserve members of the Impeachment Committee shall be carried out at the beginning of the session of the Diet convened for the first time after the general election of the members of the House of Representatives. But in the case of the 1st Session of the Diet, such election shall be held during its session. In case any vacancy occurs in the post of the members or reserve members of the Impeachment Committee a by-election shall be held in the House of Representatives to fill the vacancy. The tenure of office of the members and the reserve members of the Impeachment Committee shall be concurrent with their membership in the House of Representatives: The members and reserve members of the Impeachment Committee may resign with the permission of the House of Representatives, provided such permission may be given by the President of that House when the Diet is out of session. In case a member of the Impeachment Committee is prevented from discharging his function or the post is vacant, a reserve member shall take his place or fill the vacancy temporarily. The order of the reserve members who perform the official functions as members according to the provisions of the preceding paragraph shall be determined by the House at the time of their election. The members or the reserve members of the Impeachment Committee who perform the official functions as members shall receive reasonable remuneration to be fixed by the President of the House of Representatives.

Article 6. (The duties of the Chairman of the Impeachment Committee) The Chairman of th Impeachment Committee shall supervise the general affairs of that Committee and represent it. In case the Chairman is prevented from discharging his duties another member shall act temporarily in his stead in accordance with the order previously determined by the Committee.

Article 7. (Chief clerk and clerks) A chief clerk and clerks shall be attached to the Impeachment Committee. The Chief clerk shall administer general office work and direct and supervise clerks under the supervision of the Chairman. The clerks shall take charge of the general office work under the direction of their superior. The chief clerk and clerks shall be appointed by the Chairman of the Committee with the approval of the President of the House of Representatives.

Article 8. (Independence of Authority) The members of the Impeachment Committee shall excercise their official power independently.

Article 9. (Convocation) The Impeachment Committee shall be convened by the Chairman. If there be a request made by five members or more of the Committee, the Chairman shall convene the Committee.

Article 10. (Deliberation) The Impeachment Committee shall neither open any deliberation nor pass any resolution unless a minimum of fifteen members are present. The resolution of the Impeachment Committee shall be passed by a majority of the members present, and, in case of a tie the Chairman shall decide;provided a majority of two-thirds of the members present shall be necessary to pass a resolution to proceed with an impeachment. The deliberation of the Impeachment Committee shall not be open to public.

Article 11. (Investigation) The Impeachment Committee may investigate of itself or may request any government or public offices to inquire into the causes for impeachment of judges whenever it is of opinion that such causes reasonably exist. The Impeachment Committee, or the government or public offices commissioned with the inquiry mentioned in the preceding paragraph may, in connection with such investigation or inquiry demand the presence and testimony of witnesses and the production of records. The same travel expense and daily allowance to be paid to a witness who appeared upon the demand of the Houses of the Diet, shall be paid to a witness who appeared upon the demand mentioned in the preceding paragraph.

Article 12. (Time Limit for impeachment) An impeachment for removal may not be instituted after the lapse of three years from the time the causes for impeachment occurred, provided however that in case criminal proceedings have been started for the same cause, an impeachment may be instituted within one year after the judgement in the criminal case has become absolute.

Article 13. (Stay of impeachment). The Impeachment Committee may stay an impeachment, when in its judgment the circumstances justify such action.

Article 14. (Filing of a written impeachment) An impeachment for removal shall be instituted by filing a written impeachment with the court of impeachment. A written impeachment shall contain the name and the position of the judge to be impeached and the causes therefor. When the impeachment Committee has filed a written impeachment with the Court of Impeachment it shall forthwith notify the Supreme Court of the face.

Article 15. (Motion of impeachment) Any person may lodge a motion of impeachment to the Impeachment Committee, whenever he considers there is a ground for impeachment.

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.

Chapter IV. Penalty

Article 43. (False Accusation) Any person who has made false statement with intent to cause an impeachment to be instituted against a judge shall be liable to an imprisonment with hard labor for over 3 months but not exceeding 10 years. Should the informant confess his guilt before a judgment is rendered by the Court of Impeachment his sentence may he mitigated or pardoned.

Article 44. (Punishment against witnesses, etc.) The following offences are punishable with a fine not exceeding\3,000: 1) Failure to appear or serve without good reason when summoned by the Court of Impeachment as witness, expert, interpreter or translator. 2) Failure to produce evidence when ordered by the Court of Impeachment, without good reason. 3) Refusal or obstruction of inspection of the Court of Impeachment. Any person who having been called upon by the Impeachment Committee to appear as witness, or furnish evidence or records, fails to appear, makes false statement, fails to produce records or produces false records without good reason, shall be liable to a fine not exceeding\1,000.

Supplementary Provision: The present Law shall come into force as from the day of its promulgation. Prime Minister KATAYAMA Tetsu