Law for Establishment of the Attorney-General's Office
法令番号: 法律第193号
公布年月日: 昭和22年12月17日
法令の形式: 法律

審議経過

I hereby promulgate the Law for Establishment of the Attorney-General's Office.
Signed:HIROHITO, Seal of the Emperor
This seventeenth day of the twelfth month of the twenty-second year of Showa (December 17, 1947)
Prime Minister　KATAYAMA Tetsu
Law No.193
Law for Establishment of the Attorney-General's Office
Article 1.　There shall be, in the Cabinet, the Attorney-General to preside over the legal affairs of the government.
The Attorney-General shall as the supreme adviser of the Government on legal questions give his opinion or advise to the Cabinet the Prime Minister and the Minister of each Executive Ministry.
The Attorney-General shall administer matters concerning criminal investigation and prosecution and concerning the public procurator's offices matters concerning examining and drafting of bills to be presented by the Cabinet and of Cabinet Orders examining of the drafts of treaties research of laws and legal matters, domestic, foreign and International litigations concerned with the interests of the State amnesty extradition nationality family registration, registration of aliens other registrations, deposit civil liberties, prison affairs and rehabilitation matters concerning other legal affairs matters concerning prohibition etc. from formation of political parties, associations and other bodies, made in accordance with the provisions of the Imperial Ordinance No.101 of the twenty-first year of Showa (1946) matters concerning investigation etc. of those who were formerly regular officers of the Army and the Navy or retired officers who had specially volunteered for the Army and the Navy made in accordance with the request of the Supreme Commander for the Allied Powers, and matters concerning the investigation of activity etc. of persons who have been designated as falling under the provisions of the Memorandum, in accordance with the provisions of the Imperial Ordinance No.1 of the twenty-second year of Showa (1947).
Article 2.　The Attorney-General shall be appointed by the Prime Minister from among those persons deemed specially qualified for the position and shall be a Minister of State.
The Attorney-General shall be deemed as the competent Minister mentioned in the Cabinet Law.
The provisions of Articles 4 to 7 inclusive of the Administrative Office Law shall apply with the necessary modifications to the Attorney-General. However, "ministerial ordinance" in Article 6 of the said Law shall read "Attorney-General's Office Ordinance."
Article 3.　Under the Attorney-General, there shall be the Prosecution Assistant to the Attorney-General the Legislative Assistant to the Attorney-General the Research and Opinion Assistant to the Attorney-General, the Litigation Assistant to the Attorney-General and the Executive Assistant to the Attorney-General.
Each Assistant to the Attorney-General shall supervise and direct this office and the Bureaus under him for the assistance to the Attorney-General.
In addition to each Assistant to the Attorney-General, there shall be a Secretary-General, who shall supervise and direct the business of the Attorney-General's Secretariat.
Article 4.　The affairs to be administered by the Attorney-General shall be conducted in the Attorney-General's Office.
Article 5.　In addition to the secretariat, there shall be, in the Attorney-General's Office, office of each Assistant to the Attorney-General and bureaus, divided as below, under the supervision and direction of each Assistant to the Attorney-General;
Prosecution Assistant to the Attorney-General
Prosecution Bureau
Special Examining Bureau
Legislative Assistant to the Attorney-General
First Legislative Bureau
Second Legislative Bureau
Third Legislative Bureau
Research and Opinion Assistant to the Attorney-General
First Research and Opinion Bureau
Second Research and Opinion Bureau
Data and Statistics Bureau
Litigation Assistant to the Attorney-General
Civil Litigation Bureau
Tax Litigation Bureau
Administrative Litigation Bureau
Executive Assistant to the Attorney-General
Civil Affairs Bureau
Civil Liberties Bureau
Correction and Rehabilitation General Affairs Bureau
Adult Correction and Rehabilitation Bureau
Juvenile Correction and Rehabiilitation Bureau
Each office of the Assistant to the Attorney-General shall administer matters concerning the supervision and direc ion of bureaus under it.
Article 6.　The Prosecution Bureau shall be in charge of the following matters:
1.　Matters concerning the business of criminal investigation and prosecution and concerning the Public Procurator's Office;
2.　Matters concerning the amnesty;
3.　Matters concerning extradition;
4.　Matters concerning the scientific study of criminal investigation;
5.　Matters concerning the culture and training of judicial police officers;
6.　Matters which are concerned with the prevention of crime or other criminal affairs, but which do not fall under the jurisdiction of other bureaus;
The Special Examining Bureau shall be in charge of the following matters:
1.　Matters concerning the prohibition from formation and the dissolution of organizations, of any type, form or composition made in accordance with the provisions of the Imper al Ordinance No.101 of the twenty-first year of Showa (1946)(exclusive of matters provided for in Article 10 paragraph 1 Item 10);
2.　Matters concerning the investigation etc. of those who were formerly regular officers of the Army and the Navy or retired officers who had specially volunteered for the Army and the Navy, made in accordance with the request of the Supreme Commander for the Allied Powers;
3.　Matters concerning the investigation of activity etc. of persons who have been designated as falling under the provisions of the Memorandum, in accordance with the provisions of the Imperial Ordinance No.1 of the twenty-second year of Showa (1947).
Article 7.　The First Legislative Bureau shall be in charge of the matters concerning examining and drafting of bills and Cabinet Orders relating chiefly to matters concerning foreign affairs, public finance or banking and relating to others which do not fall under the jurisdiction of the Second Legislative Bureau and the Third Legislative Bureau and those concerning examining of drafts of treaties.
The Second Legislative Bureau shall be in charge of the matters concerning examining and drafting of bills and Cabinet Orders relating chiefly to matters concerning industry, economy, traffics or communications.
The Third Legislative Bureau shall be in charge of the matters concerning examining and drafting of bills and Cabinet Orders relating chiefly to matters concerning legal affairs, culture, welfare or labour.
The Legislative Assistant to the Attorney-General may, if he deems especially necessary, temporarily change the jurisdiction of each bureau.
Article 8.　The First Research and Opinion Bureau shall be in charge of the matters concerning study and research of judicial systems, civil and criminal law, domestic, foreign and international, and their operation.
The Second Research and Opinion Bureau shall be in charge of the matters concerning study and research of legal matters, domestic, foreign and international, and their operation, exclusive of matters belonging to the jurisdiction of the First Research and Opinion Bureau.
The Data and Statistics Bureau shall be in charge of the following matters:
1.　Matters concerning collection, arrangement and compilation of data and materials relating to statutes, other laws and legal matters, domestic and foreign;
2.　Matters concerning legal statistics;
3.　Matters concerning publicity of laws and ordinances.
In addition to the matters enumerated in the preceding three paragraphs, the First Research and Opinion Bureau, the Second Research and Opinion Bureau and the Data and Statistics Bureau shall be in charge of the matters concerning the statement of opinions or the advice prescribed in Article 1, paragraph in connection with the business over which they have jurisdiction respectively.
Article 9.　The Civil Litigation Bureau shall administer the matters concerning civil litigation.
The Tax Litigation Bureau shall administer the matters relating to litigations which are concerned in taxes and customs.
The Administrative Litigation Bureau shall administer the matters concerning all administrative litigations exclusive of those falling under the jurisdiction of the Tax Litigation Bureau.
Article 10.　The Civil Affairs Bureau shall administer the following affairs:
1.　Matters concerning nationality;
2.　Matters concerning family registration;
3.　Matters concerning the registration of aliens;
4.　Matters concerning the registration of land and others (Toki);
5.　Matters concerning deposits;
6.　Matters concerning notarial acts;
7.　Matters concerning judicial scriveners;
8.　Matters concerning judicial affairs bureaus;
9.　Matters concerning the registration of political parties made in accordance with the provisions of the Imperial Ordinance No.101 of the twenty-first year of Showa (1946);
10.　Matters concerning receipt and disposal of properties of political parties, societies and other organizations dissolved in accordance with the provisions of the Imperial Ordinance No.101 of the twenty-first year of Showa (1646);
11.　Any other matters concerning civil affairs which do not belong to other jurisdictions.
The Civil Liberties Bureau shall administer the following affairs:
1.　Matters concerning the investigation of cases in violation of civil liberties and the collection of informations thereof;
2.　Matters concerning the promotion of civil liberty movement;
3.　Matters concerning habeas corpus;
4.　Matters concerning legal aid to the poor;
5.　Any other matters concerning civil liberties.
The Correction and Rehabilitation General Affairs Bureau shall administer the following matters:
1.　Matters concerning planning of policies in respect to the prison affairs and the rehabilitation of offenders, and concerning adjustment of the business thereof;
2.　Matters concerning prisons, houses of detention, juvenile protection offices, public reformatories and other public institutions for correction and rehabilitation of juveniles;
3.　Matters concerning culture and training of the staff for corection and rehabilitation;
4.　Matters concerning the finger-prints of offenders;
5.　Matters concerning the prison affairs and rehabilitation which do not belong to other jurisdictions.
The Adult Correction and Rehabilitation Bureau shall administer the following matters:
1.　Matters concerning the execution of penalties and detention of adults;
2.　Matters concerning the rehabilitation of adult offenders;
3.　Matters concerning the rehabilitation work of adults.
The Juvenile Correction and Rehabilitation Bureau shall administer the following matters:
1.　Matters concerning the execution of penalties and detention of juveniles;
2.　Matters concerning the rehabiltation of juveniles placed under correction by the juvenile court;
3.　Matters concerning the rehabilitation work for juveniles placed under correction by the juvenile court.
Article 11.　The Secretariat shall be in charge of the following matters:
1.　Matters concerning the custody of a copy of the genealogical table of the Imperial Household;
2.　Matters concerning confidential affairs;
3.　Matters concerning the keeping of seals of the Attorney-General and the office thereof;
4.　Matters concerning general inspection of administration under the jurisdiction of the Attorney-General;
5.　Matters concerning the receiving, sending compilation and preservation of official documents;
6.　Matters concerning the appointment, dismissal and other status of personnels;
7.　Matters concerning lawyers and the bar associations;
8.　Matters concerning the Research and Training Institute of the Attorney-General's Office;
9.　Matters concerning estimate settlement and account of expenses and revences, and concerning audit of account;
10.　Matters concerning properties and commodities of the Attorney-General's Office and its subordinate agencies;
11.　Matters concerning the liaison business.
Article 12.　Matters which do not belong to any bureau as provided for in Article 5, paragraph 2 and Article 6 to the preceding Article inclusive shall be administered as fixed by the Attorney-General.
Article 13.　In addition to matters prescribed by this law, necessary matters concerning special organs and personnel of the Attorney-General's Office shall be provided for by Cabinet Order. Necessary matters concerning the sections or units which are under each bureau, under each office of the Ass stant to the Attorney-General and under the Secretariat, shall be fixed by the Attorney-General.
Supplementary Provisions:
Article 14.　The present Law shall come into force on the day when 60 days have elapsed from the day of its promulgation.
Article 15.　The Attorney-General shall have jurisdiction over private institutions for correction and rehabilitation, which have, hitherto, fallen under the jurisdiction of the Minister of Justice until 31 March 1949, but shall be required, from 1 April 1948, to obtain the advice of and exchange opinions with the Minister of Welfare regarding operation of such institutions, as shall be provided by Cabinet Order.
The Attorney-General shall continue to exercise the same jurisdiction over matters concerning rehabilitation of juveniles as has been exercised by the Minister of Justice until 31 March 1948. From 1 April 1948 jurisdiction over juveniles about whom there is apprehension of delinquency will be transferred to the Minister of Welfare, except over those who have been placed under correction by juvenile Court.
The Attorney-General will examine the records of all inmates of the institutions mentioned in paragraph one of this Article and those juveniles about whom it has been ascertained that they have committed crimes or those who have been placed under correction by the Juvenile Courts will be removed to public reformatories or other public institutions for correction and rehabilitation by 31 March 1949, by which date there are to be no private institutions used for reformatories or for correction and rehabilitation.
Until removals mentioned in the preceding paragraph have been finished, the Attorney-General, in cooperation with the Minister of Welfare, will supervise strictly all private institutions for correction and rehabilitation and all private reformatories to insure maintenance of high standards of conduct and operation.
Prime Minister　KATAYAMA Tetsu
Minister for Foreign Affairs　ASHIDA Hitoshi
Minister for Home Affairs　KIMURA Kozaemon
Minister of Finance　KURUSU Takeo
Minister of Justice　SUZUKI Yoshio
Minister of Education　MORITO Tatsuo
Minister of Welfare　HITOTSUMATSU Sadayoshi
Minister of Agriculture and Forestry　HATANO Kanae
Minister of Commerce and Industry　MIZUTANI Chozaburo
Minister of Transportation　KITAMURA Tokutaro
Minister of Communications　MIKI Takeo
Minister of Labor　YONEKUBO Mitsusuke