2. Actions which relate to offences liable to fine or lighter penalty, offences liable to a fine as an optional penalty or offences or criminal attempts mentioned in Art.235 of the Criminal Code.
同條第二項を次のように改める。
The second paragraph of the said Article shall be amended as follows:
A Summary Court cannot impose imprisonment (without hard labor) or a graver penalty. However, it can impose imprisonment with hard labor not exceeding three years with respect to cases of offences or criminal attempts mentioned in Art.235 of the Criminal Code or with respect to cases in which the abovementioned offences and other offences should be punished, in accordance with the provisions of Art.54, Par.1 of the Criminal Code, with penalties to be imposed upon the abovementioned offences.
When a Summary Court deems it proper to impose a penalty exceeding the limits prescribed in the preceding paragraph it must transfer the case to a District Court in accordance with the provisions of procedure codes.
第三十九條第四項及び第五項を削る。
Art.39, Pars.4 and 5 shall be deleted.
第四十一條第二項中「司法事務官」の下に「、司法教官」を加える。
In Art.41, Par.2, next to "Secretary of the Ministry of Justice" shall be added "Educational Official of the Ministry of Justice" .
第四十二條第二項中「又は司法事務官」を「、司法事務官又は司法教官」に改める。
In Art.42, Par.2, "or Secretaries of the Minister of Justice" shall read "Secretaries of the Ministry of Justice or Educational Official of the Ministry of Justice" .
第四十四條第一項第四号中「司法事務官」の下に「、司法教官」を加える。
In Art.44, Par.1, Item 4, next to "Secretary of the Ministry of Justice" shall be added "Educational Official of the Ministry of Justice" .
In Art.50, "and judges of inferior courts shall retire upon the attainment of sixty-five years" shall read "judges of High Courts or District Courts shall retire upon the attainment of sixty-five years of age and judges of Summary Court shall retire upon the attainment of seventy years of age" .
附 則
Supplementary Provisions:
この法律は、公布の日から、これを施行する。
The present Law shall come into force as from the day of its promulgation.
The years of holding office of a judge or a public procurator provided for in the Law of the Constitution of Courts who held office as judge of the Manchukuo shall be deemed to be the years of holding office of a judge with respect to the application of the provisions of Arts.41 and 44, and deemed to be the years of holding office of an assistant judge with respect to the application of the provisions of Art.42.
The years of holding office of a judge or a public procurator provided for in the Law of the Constitution of Courts who held office as public procurator of the Manchukuo shall be deemed to be the years of holding office of a prosecuting officer with respect to the application of the provisions of Arts.41, 42 and 44.
The years of holding office of a judge or a public procurator provided for in the Law of the Constitution of Courts who held office as rijikan (secretary) or sanjikan (secretary) of the Department of Justice of the Manchukuo shall be deemed to be the years of holding office of a secretary of the Ministry of Justice with respect to the application of the provisions of Arts.41, 42 and 44.