I hereby promulgate the Law for partial amendments to the Court Organization Law.
Signed:HIROHITO, Seal of the Emperor
This first day of the first month of the twenty-third year of Showa (January 1, 1948)
Prime Minister KATAYAMA Tetsu
The Court Organization Law shall partially be amended as follows:
Art.33, Par.1, Item 2 shall be amended as follows:
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.
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.
Art.39, Pars.4 and 5 shall be deleted.
In Art.41, Par.2, next to "Secretary of the Ministry of Justice" shall be added "Educational Official of the Ministry of Justice" .
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" .
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" .
Supplementary Provisions:
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.