Law for Partial Amendment to the Law for Impeachment of Judges
法令番号: 法律第93号
公布年月日: 昭和23年7月5日
法令の形式: 法律

審議経過

I hereby promulgate the Law for Partial Amendment to the Law for Impeachment of Judges.
Signed:HIROHITO, Seal of the Emperor
This fifth day of the seventh month of the twenty-third year of Showa (July 5, 1918)
Prime Minister　ASHIDA Hitoshi
Law No.93
Law for Partial Amendment to the Law for Impeachment of Judges
A part of the Law for Impeachment of judges (Law No.137, 1947) shall be amended as follows:
Article 4-(2).(Budget)　The Presiding Judge shall compile the budget for the Court of Impeachment and present it to the Standing Committees for House Management of both Houses.
The Standing Committees for House Management of each House shall, upon deliberation on the budget in the preceding paragrh, send it to the President of each House with or without recommendation attached thereto.
The Chairman of the Indictment Committee shall compile the budget for the Indictment Committee and present it to the Standing Committee for House Management of the House of Representatives.
The Standing Committee for House Management of the House of Representatives shall, upon the deliberation on the budget in the preceding paragraph, send it to the Speaker of the House of Representatives with or without recommendation attached thereto.
Article 7.(Secretariat)　There shall be a Secretariat in the Indictment Committee.
The Secretariat shall have two Secretaries and two Clerks.
One of the Secretaries shall be the Chief Secretary.
The Chief Secretary shall, under the supervision of the Presiding Judge, administer general affairs and direct and supervise the other Secretary and the Clerks.
The Secretary other than the Chief Secretary and the Clerks shall, under the direction of their superior, engage in general affairs.
The Chief Secretary, the other Secretary and the Clerks shall be appointed or removed by the Chairman with the consent of the Speaker of the House of Representatives and the approval of the Standing Committee for House Management.
Article 11.(Investigation)　The Indictment Committee shall investigate into the reasons for indictment upon the request to indict or when they deem that reasons for removal by impeachment exist.
The Indictment Committee may entrust the investigation in the preceding paragraph to Government or public offices.
The Indictment Committee, or the government or public offices commissioned with the investigation mentioned in the preceding paragraph may, in connection with such investigation, demand the presence nd testimony of witnesses and presentation of records.
Travel expenses, daily allowances and allowances for hotel-charges shall be paid to a witness who presents himself upon the demand mentioned in the preceding paragraph, in conformity with the cases when a witness presents himself to the Court of Impeachment.
Article 11-(2).(Dispatch of the members of the Indictment Committee)　The Indictment Committee may dispatch the members of the Indictment Committee for investigation.
The Indictment Committee when it intends to dispatch the members of the Indictment Committee for investigation while the Diet is in session, shall get the approval of the Speaker of the Home of Representatives.
Article 12.(Time limit for indictment)　An indictment for removal can not be instituted after the lapse of three years since the reason for impeachment occurred. However, in case the term of office for the members of the House of Representatives expires, of the House of Representatives is dissolved, within that period, an indictment for removal may be instituted within one month after the members of the Indictment Committee are elected in the first Diet session convened thereafter, and in case criminal proceedings are taken for the same reason the indictment may be instituted within one year after the judgment in the criminal case becomes absolute.
Article 15.(Request for indictment)　Any person may request an indictment for removal to the Indictment Committee whenever he considers that there is a reason for removal of a judge by impeachment.
When the President of a High Court or the President of a District Court considers that there is a reason for removal by impeachmemt of a judge who is attached to his Court or a lower court under his jurisdiction, he must notify the President of the Supreme Court of such reason.
When the President of the Supreme Court has received the notice mentioned in the preceding paragraph, or considers that there is a reason for removal by impeachment, he must request the Indictment Committee to institute an indictment for removal.
The request for an indictment under the provisions of Paragraph 1 and the preceding paragraph shall be accompanied by a brief statement of the reasons thereof. However, evidence shall not be required.
Article 18.(Secretariat)　There shall be a Secretariat in the Court of Impeachment.
The Secretariat shall have two Secretaries and two Clerks.
One of the Secretaries shall be the Cheif Secretary.
The Chief Secretary shall, under the supervision of the Presiding Judge, administer general affairs and direct and supervise the other Secretary and the Clerks.
The Secretary other than the Chief Secretary and the Clerks shall, under the direction of their superior, engage in general affairs.
The Chief Secretary, the other Secretary, and the Clerks shall under the direction of the Judges, engage in the business relative to cases, beside the matters prescribed in the two preceding paragraphs.
The Chief Secretary, the other Secretary, and the Clerks shall be appointed or removed by the Presiding Judge with the consent of the Presidents of both Houses and the approval of the Standing Committee for House Management.
Article 29-(2).(Dispatch of Judges)　The Court of Impeachment may dispatch a Judge for trial or judgment.
The Court of Impeachment, when it intends to dispatch a Judge for trial or judgment while the Diet is in session, must obtain the approval of the Speaker of the House of Representatives as regards a Judge who is a member of the House of Representatives and the approval of the President of the House of Councillors as regards a judge who is a member of the House of Councillors.
Article 30.(Application of statutes concerning criminal preceding)　The provisions of the statutes concerning criminal procedure shall apply mutatis mutandis to the exclusion, refusal or avoidance of a Judge, the Chief Secretary or the other Secretary, or a Clerk, to trial in the Court, to the preparation of Court records, and to the cost of procedures.
Article 43-(2).
When the person who has committed the crime prescribed in the preceding paragraph, makes a confession before a judgment to the reported case is rendered, and before the crime is discovered, his sentence may be mitigated or pardoned.
Supplementary Provision:
The present Law shall come into force as from the day of its promulgation.
Prime Minister　ASHIDA Hitoshi