Article 2.　The territorial jurisdiction of courts shall be determined by the place of offence, or the place of domicile or residence of the accused or by the place where the accused is at present.

Article 3.　When several cases falling under the material jurisdiction of different courts are connected with each other, a higher court may exercise jurisdiction over all of them conjointly.

Article 4.　If, in the event of several connected cases falling under the material jurisdiction of different courts pending in a higher court, there is any case with such court considers unnecessary to adjudicate conjointly with the rest, it may, by means of a ruling, transfer the same to a lower court having jurisdiction over it.

Article 5.　When several connected cases are severally pending in a higher court and a lower court, the higher court may, notwithstanding material jurisdiction, by means of a ruling, adjudicate conjointly also upon the case falling under the jurisdiction of the lower court.

Article 6.　When several cases falling under the territorial jurisdiction of different courts are connected with each other, a court which has jurisdiction over one of them may exercise jurisdiction over the others conjointly. However, the court may not exercise jurisdiction over the cases which fall under the jurisdiction of a specific court in accordance with the provisions of other laws.

Article 7.　If, in the event of several connected cases falling under the territorial jurisdiction of different courts pending in one court, there is any case which such court considers unnecessary to adjudicate conjointly with the rest, it may, by means of a ruling, transfer the same to another court having jurisdiction over it.

Article 8.　When several cases which are mutually connected are pending severally in different courts which are identical in respect to material jurisdiction, each court may, on motion of a public procurator of the accused, decide by means of a ruling that they shall be combined in one court.

Article 9.　Two or more cases are (mutually) connected:

Article 10.　When one and the same case is pending in several courts differing in respect to their material jurisdiction, it shall be adjudicated upon by a higher court.

Article 11.　When one and the same case is pending in several courts which are identical in respect to material jurisdiction, it shall be adjudicated upon by the court by which public action was first received.

Article 12.　When it is necessary for the purpose of discovering facts, a court may exercise its functions even outside the district under its jurisdiction.

Article 13.　Proceedings in an action shall not lose their effect by reason of the courts lacking jurisdiction over it.

Article 14.　In case of urgency, a court may, even when it has no jurisdiction, adopt such measures as may be necessary for discovering facts.

Article 15.　In the following cases a public procurator shall move the next immediately higher court having jurisdiction over all the courts of first instance concerned to designate the court which shall have jurisdiction:

Article 16.　When there is no court having jurisdiction by law, or when it is impossible to ascertain such court, the Procurator-General shall move the Supreme Court to designate the court which shall have jurisdiction.

Article 17.　In the following cases, a public procurator shall move the next immediately higher court to effect a change of jurisdiction (change of venue):

Article 18.　When, owing to the nature of the offence, the popular sentiment of the district or any other circumstances, there is apprehension that the public peace would be disturbed, if the case were to be tried by the court having jurisdiction over it, the Procurator-General shall move the Supreme Court to transfer the case to another court.

Article 19.　When it deemes proper, a court, either upon request of the accused or public procurator or ex-officio, may, by means of a ruling, transfer a case to another competent court having concurrent material jurisdiction.

Article 20.　In the following cases a judge is excluded from the exercise of his functions:

Article 21.　In case a judge is to be excluded from the exercise of his functions, or there is apprehension that he may give a partial judgment, he may be challenged by a public procurator or the accused.

Article 22.　After a demand or a statement has been made in the case, no judge shall any longer be challenged on the ground of there being apprehension that he might give a partial judgment. However, this shall not apply if the party was unaware of the existence of a ground for challenge, or if such ground came into existence subsequently (to such demand or statement).

Article 23.　When a judge who is a member of a collegiate court has been challenged, the court to which such judge belongs shall render a ruling thereon. If the court in such case is a District Court, the ruling shall be rendered by a collegiate court.

Article 24.　A motion for challenge which has clearly been made merely for the purpose of delaying the proceedings shall be dismissed by means of a ruling. In such case, the provisions of Par.3 of the preceding Article shall not apply. The same shall apply also when a motion for challenge made in contravention of the provisions of Art.22 or the procedure fixed by the Rules of Court is to be dismissed.

Article 25.　Against a ruling by which a motion for challenge is dismissed, an immediate Kokoku appeal may be filed.

Article 26.　With the exception of the provisions of Art.20, Item 7, the provisions of this Chapter shall apply mutatis mutandis to court clerks.

Article 27.　When the accused or the suspect is a juridical person, it shall be represented by its authorized representative in regard to acts of procedure.

Article 28.　If, where the case involves an offence to which the provisions of Arts.39 to 41 inclusive of the Penal Code do not apply, the accused or the suspect is devoid of mental capacity, he shall be represented by his legal representative (when there exist two persons who exercise parental power, each of them. The same shall apply hereinafter) in regard to acts of procedure.

Article 29.　When there is no person to represent the accused in accordance with the provisions of the preceding two Articles, a special representative shall be appointed by the court upon request of a public procurator or ex-officio.

Article 30.　The accused or the suspect may select defense counsel at any time,

Article 31.　Defense counsel shall be selected from among advocates.

Article 32.　Selection of defense counsel effected prior to the institution of public action shall have its effect also in the first instance. Selection of defense counsel after the institution of public action shall be effected for each instance of trial.

Article 33.　In case there are several counsels for the accused, the chief defense counsel must be appointed as prescribed by the Rules of Court.

Article 34.　The powers and functions of the chief defense counsel as mentioned in the preceding Article shall be provided by the Rules of Court.

Article 35.　The court may restrict the number of defense counsel of the accused or the suspect as prescribed by the Rules of Court. However, as regards the defense counsel of the accused, this shall apply only where there are special circumstances.

Article 36.　Where the accused is unable to select his defense counsel for poverty or some other reasons, the court shall assign defense counsel on behalf of the accused upon his request. However, this shall not apply where defense counsel has been selected for him some person other than the accused.

Article 37.　If the accused is not represented by defense counsel, the court may, ex-officio, assign a defense counsel to him in the following cases:

Article 38.　The defense counsel to be assigned by a court or a presiding judge in accordance with the provisions of this law shall be appointed from among advocates.

Article 39.　The accused or the suspect placed under physical restraint in any way may, without having any official watchman present, have an interview with his defense counsel or any other person who is going to be his defense counsel upon request of the person who is entitled to select defense counsel (in case where a person other than an advocate is going to be selected as a defense counsel, this shall apply only after the permission prescribed in Par.2, Art.31 has been obtained), and may deliver or receive any documents or any other things.

Article 40.　Subsequent to the institution of public action, defense counsel may, in a court, inspect or copy documents and articles of evidence relating to the case. However, he must obtain the permission of the presiding judge in order to copy any article of evidence.

Article 41.　Defense counsel may undertake the acts of procedure in his name, only when it is especially provided in this law.

Article 42.　The legal representative, curator, spouse, lineal relatives, brother or sister of the accused may at any time be an assistant (Hosanin).

Article 43.　Except as otherwise provided in this law, a judgment (han-ketsu) shall be rendered on the basis of oral proceedings.

Article 44.　A decision shall be accompanied by the reason therefor.

Article 45.　Decision other than judgment may be rendered by an assistant judge alone.

Article 46.　The accused or any other person concerned in the case may, at his own cost, demand the delivery of a copy of or extracts from the document of decision or the protocol in which the decision is entered.

Article 47.　No document relating to a case shall be made public prior to the opening of public trial. However, this shall not apply, when it is deemed proper on account of the necessity of public interest and other reasons.

Article 48.　A protocol of public trial shall be prepared in respect to the proceedings taking place on the dates for public trial.

Article 49.　If the accused has no defense counsel, he may inspect the protocol of public trial, as prescribed by the Rules of Court. And if the accused is blind or cannot read himself, he may ask the protocol to be read aloud to him.

Article 50.　In case where the protocol of public trial has not been completed in good order before the date for the next trial, a court clerk shall, upon request of a public procurator, the accused or defense counsel, inform of the outlines of testimony given by witnesses on the date for the last trial, either on or before the date for the next trial. In this case, if the public procurator, the accused or defense counsel who made request raises an objection as to the accuracy of the outlines of testimony given by witnesses, a statement of such objection shall be entered in the protocol.

Article 51.　The public procurator, the accused or defense counsel may raise an objection as to the accuracy of the protocol of public trial:A statement of such objection, if raised, shall be entered in the protocol.

Article 52.　Proceedings on the date of public trial which are written in the protocol of public trial can be proved only by that protocol.

Article 53.　Any person inspect may the records of trial after the conclusion of a criminal case. However, this shall not apply in case the interferes with the preservation of the records of trial or with the business of a court or a public procurator's office.

Article 54.　Except as otherwise provided by the Rules of Court, the provisions of the law or ordinance concerning the Civil Procedure (excluding the provisions regarding service by publication) shall apply mutatis mutandis to the service of documents.

Article 55.　In the calculation of periods, those that are calculated by hours shall begin to run immediately, while in the calculation of those that are calculated by days, months or years, the first day shall not be included. However, the first day of a period of prescription shall be counted as one day irrespective of the number of hours involved.

Article 56.　A legal period may be extended, as fixed by the Rules of Court, in accordance with the distance between the place of domicile, residence or office of the person who is required to do the acts of procedure and the location of the court or the public procurator's office, and with the conveniency in respect to transportation and communication.

Article 57.　A court may summon the accused giving a reasonable time in advance which shall be provided by the Rules of Court.

Article 58.　A court may produce the accused in the following cases:

Article 59.　The accused who has been produced shall be released within twenty-four hours from the time when he was brought to court. However, this shall not apply when a warrant of detention is issued within the said period.

Article 60.　The court may detain the accused when there is reasonable ground enough to suspect that he has committed a crime and the case falls under any one of the following items:

Article 61.　The accused shall not be placed under detention before the court has informed the accused of the charge and has heard his statement regarding it. However, this shall not apply to the cases where the accused has escaped.

Article 62.　The summons, production or detention of the accused shall be effected by issuing a writ of summons, or a warrant of production or of detention.

Article 63.　A writ of summons shall contain the name and dwelling of the accused;the name of crime;the date, time and place for appearance;a statement that a warrant of production may be issued in case he fails to appear without good reason;as well as other matters as prescribed by the Rules of Court;and the name and seal of the presiding judge or commissioned judge issuing the writ.

Article 64.　A warrant of production or of detention shall contain the name and dwelling of of the accused;the name of crime;essential facts concerning the public action;place where to bring him or prison where to detain him;effective period and a statement that the warrant shall not be executed after the lapse of such period and shall be returned to the court of issuance;the date issued;as well as other matters as prescribed by the Rules of Court;and the name and seal of the presiding judge or commissioned judge issuing the warrant.

Article 65.　Writs of summons shall be served.

Article 66.　A court may requisition a judge of a District Court or a Summary Court of the place where the accused is at present to produce the accused.

Article 67.　The judge who has issued a warrant of production under requisition in the case of the preceding Article shall within twenty-four hours from the time when the accused is brought, make an inquiry as to whether no mistake has been made as to his identity.

Article 68.　The court may, in case of necessity, order the accused to appear at, or be accompanied to, any place designated. If the accused fails to comply with such order without good reason, he may be produced to such place. In sch case, the period specified in Art.59 shall be calculated from the time when the accused has been produced to the said place.

Article 69.　In case of urgency, a presiding judge may take the measures provided for in Arts.57 to 62 inclusive, Arts.65, 66 and preceding Article inclusive, or cause a member of his collegiate court to do so.

Article 70.　A warrant of production or of detention shall be executed by a secretary of a public procurator's office or a judicial police official under the direction of a public procurator. However, in case of urgency, the execution may be directed by a presiding judge, a commissioned judge, or a judge, or a judge of a District Court or of a Summary Court.

Article 71.　A secretary of a public procurator's office or a judicial police official may, in case of necessity, execute a warrant of production ouiside the jurisdiction, or have it executed by a secretary of a public procurator's office or a judicial police officer on the spot.

Article 72.　When the present location of the accused is unknown, a presiding judge may commission the Superintending Procurator of the High Public Procurator's Office to carry out the investigation and execute the warrant of production.

Article 73.　In executing a warrant of production, it shall be shown to the accused, who shall be brought as promptly as possible and directly before the court or any other place designated. In the case of a warrant of production mentioned in Art.66, Par.4, the accused shall be brought before the judge who issued the warrant.

Article 74.　In case the accused against whom a warrant of production or of detention has been executed, is to be sent under guard, he may, if necessary, be provisionally detained in the nearest prison.

Article 75.　In case the accused against whom a warrant of production has been executed has been brought, he may, if necessary, be detained in prison.

Article 76.　In case the accused has been produced, he shall immediately be informed of the gist of the facts of public action and of his being entitled to select defense counsel, and also of his right to assignment of defense couesel on his behalf by the court in case he is unable to secure defense counsel by his own efforts because of poverty or other reasons. However, if the accused already has a defense counsel, it shall suffice to inform him only of the gist of the facts of public action.

Article 77.　In order to detain the accused excepting the case where the detention follows production or arrest, the accused shall be informed of the fact that he may select defense counsel and also of his right to assignment of defense counsel on his behalf by the court in case he is unable to secure defense counsel by his own efforts because of poverty or other reasons. However, this shall not apply in case the accused already has a defense counsel.

Article 78.　The accused who has been produced or detained may apply to the court or to the chief of prison or his substitute, for the selection of defense counsel, designating an advocate or a Bar Association. However, this shall not apply if the accused already has a defense counsel.

Article 79.　When the accused has been detained, his defense counsel shall be notified of such fact without delay, If he has no defense counsel, such notice shall be given to one person designated by him from among his legal representative, curator, spouse, lineal relatives, brother and sister.

Article 80.　The accused who is under detention may, in so far as laws and ordinances permit, interview with persons other than those provided in Art.39, Par.1, or deliver to or receive from them documents or other things. The same shall apply to the accused who is detained in prison upon a warrant of production.

Article 81.　When there is reasonable ground enough to suspect that the accused under detention may escape or destroy evidence, a court may, upon request of a public procurator or ex-officio, forbid him to interview with other persons than those mentioned in Art.39, Par.1, examine documents and other things he may deliver to or receive from such persons, forbid him to deliver or receive them, or seize them. However, he shall not be forbidden to receive food nor shall it be seized.

Article 82.　The accused who is under detention may request a court to indicate the reason for his detention.

Article 83.　The proceedings of indication shall be held in open court.

Article 84.　In the court a presiding judge shall give notification of the reasons for detention.

Article 85.　The proceedings of indication may be effected by the members constituting a collegiate court.

Article 86.　In case there are two or more requests mentioned in Art.82 in respect to one and same detention, the proceedings of indication shall be taken as for the first request. The other requests shall be dismissed, by means of a ruling, after the proceedings of indication have been completed.

Article 87.　When the grounds or necessity for detention have ceased to exist, the court shall, upon request of a public procurator, the accused under detention or his defense counsel, legal representative, curator, spouse, lineal relatives, brother or sister, or ex-officio, rescind the detention, by means of a ruling.

Article 88.　The accused under detention or his defense counsel, legal representative, curator, spouse, lineal relatives, brother or sister may request release on bail.

Article 89.　When the request for release on bail has been made, it must be allowed except in the following cases:

Article 90.　A court may, if it deems proper, permit release on bail ex-officio.

Article 91.　When detention upon a warrant of detention has been effected for an unreasonably long period, the court shall, by means of a ruling, rescind the detention or allow the release on bail, upon request of the person mentioned in Art.88, or ex-officio.

Article 92.　A court shall hear the opinion of a public procurator before it renders a ruling to allow release on bail or to reject the request therefor.

Article 93.　Where release on bail is granted, the amount of the bail money shall be fixed by the court.

Article 94.　A ruling granting release on bail shall not be executed before the bail money has been paid in.

Article 95.　A court may, by means of a ruling, if it deems proper, suspend the execution of detention by entrusting the accused under detention to the charge of his relative, a protective institution and the like, or restricting his dwelling.

Article 96.　When the accused has taken flight, or there is reasonable ground enough to suspect that he may take flight or destroy evidence, when he has failed to appear without good reason when summoned or when he has infringed the restriction imposed upon his dwelling or the other conditions fixed by the court, the court may rescind, by means of a ruling, the release on bail or the suspension of execution of detention.

Article 97.　In case the detention is to be rescinded, or the release on bail or suspension of execution of detention is to be effected or rescinded, in connection with the case respecting which the period for appeal has not expired and the appeal of which has not yet been instituted, the ruling necessary for the purpose shall be rendered by the court of original instance.

Article 98.　Where the release on bail or suspension of execution of detention is rescinded by a ruling, or the term of the suspension expires, the accused must be put in confinement, under the direction of a public procurator, by a secretary of public procurator's office, judical police officials or prison officer who shall show the accused the copy of the warrant of detention, of the copy of the written ruling which has rescinded the release on bail or suspension of execution of detention or which has fixed the term of the suspension.

Article 99.　When it is necessary, a court may seize any articles which, it believes, should be used as evidence, or liable to confiscation, except as otherwise provided in this and other laws.

Article 100.　A court may seize or cause to be produced postal matters or papers relating to telegrams, despatched by or to the accused, which are in the custody or possession of a Government office or of any other person transacting communication business.

Article 101.　Articles which have been dropped or left behind by the accused or any other person, or which have been voluntarily produced by their owner, possessor or custodian, may be retained.

Article 102.　A court may, when it deems necessary, search the person, effects or dwelling or any other place of the accused.

Article 103.　If, in respect to articles held in the custody or possession of a person who is or was a public official, such person or the public office to which he belongs or belonged declares that they relate to an official secrect, such articles may be seized with the consent of the competent supervisory office. However, such office may not refuse to give such consent except in cases where compliance would be prejudicial to important interests of the State.

Article 104.　If the declaration mentioned in the preceding Article has been made by the following persons, the seizure shall not be effected without the consent of the House in the case of a person mentioned in Item 1 and without the consent of the Cabinet in the case of a person mentioned in Item 2:

Article 105.　A person who is, or was, a doctor, dentist, midwife, nurse, advocate, patent agent, notary public or a religious functionary may refuse seizure of articles held in his custody or possession in consequence of a mandate he has received in professional lines and which relates to secrets of other persons. However, this shall not apply if the principal (client) has consented to such seizure, or if the refusal of seizure is deemed to be nothing but an abuse of right intended merely for the interest of the accused when he is not the principal (client) or if there exist any special circumstances which shall be provided by the Rules of Court.

Article 106.　A warrant of seizure or of search shall be issued in case seizure or search is to be effected elsewhere than in open court.

Article 107.　A warrant of seizure or search shall contain the name of the accused and offence:articles to be seized or place, person or articles to be searched;effective period;and a statement that the execution of warrant shall not be commenced in any way after the lapse of such period and shall be returned to the court of issuance;and the date of issuance as well as such other matters as prescribed by the Rules of Court;and the name and seal of the presiding judge.

Article 108.　A warrant of seizure or of search shall be executed by a secretary of a public procurator's office or a judicial police official under the direction of a public procurator. However, in cases where the court deems it necessary to protect the interests of the accused, the presiding judge may direct that the warrant be executed by the court clerk or a judicial police official.

Article 109.　In the execution of a warrant of seizure or of search, a secretary of a public procurator's office or a court clerk may, if necessary, ask a judicial police official for assistance.

Article 110.　A warrant of seizure or of search shall be shown to the person against whom the measure is taken.

Article 111.　In the execution of a warrant of seizure or of search, locks may be removed or seals opened, or any other, necessary measures taken. The same shall apply to the seizure or search effected in open court.

Article 112.　During the execution of a warrant of seizure or of search, any person whosoever may be forbidden to enter or leave the place without permission.

Article 113.　A public procurator, the accused or his defense counsel may be present when the warrant of seizure or of search is being executed. However, this shall not apply to the accused who is held under physical restraint.

Article 114.　In case a warrant of seizure or of search is to be executed in a public office, a head of such office or a person acting for him shall be notified of the fact and accused to be present when the disposition is being effected.

Article 115.　When a warrant of search is executed on the person of a woman, another woman of full age shall be required to be present. However, this shall not apply in cases of urgency.

Article 116.　Before sunrise and after sunset the dwelling of a person, or premises, buildings vessels guarded by persons, shall not be entered for the purpose of the execution of a warrant of seizure or of search unless the warrant includes a statement that it is to be executed even at night.

Article 117.　The restriction provided for in Par.1 of the preceding Article need not be observed in respect to the execution of a warrant of seizure or of search in the following:

Article 118.　When it is necessary in case the execution of a warrant of seizure or of search is suspended, the place concerned may be closed or the guard may be set for it until the execution is completed.

Article 119.　When a search has been made without discovering any piece of evidence or articles liable to confiscation, a certificate to that effect shall be delivered on his demand to the person who has been subject to such search.

Article 120.　In case of seizure, an inventory of the property taken shall be made and given to the owner, possessor or custodian of the property, or, in his absence, to the person who represents him.

Article 121.　In respect to articles seized which cannot be conveniently transported or held in custody, either a guard may be placed or the owner or some other person may be asked to assume custody thereof, if he gives consent to it.

Article 122.　If there is apprehension that any articles seized which are liable to confiscation may be lost, destroyed or damaged, or if they are inconvenient to be held in custody, they may be sold by a court and the proceeds held in custody.

Article 123.　Any articles seized which are unnecessary to retain, shall, by means of a ruling, be restored without awaiting the completion of the case.

Article 124.　Seized 111-gotten goods which are unnecessary to retain, shall, after hearing the opinion of a public procurator, and the accused or his defense counsel, be restored to the injured party, by means of a ruling, without awaiting the completion of the case, but only when there are obvious reasons for restoring them to the injured party.

Article 125.　A member of a collegiate court may be caused to effect seizure or search, or a judge of a District Court or a Summary Court at the place where such seizure or search is to be effected may be requisitioned to do so.

Article 126.　Where it is necessary for the purpose of executing a warrant of production or of detention, a secretary of a public procurator's office or judicial police official may enter the dwelling of a person, or the premises, buildings or vessels guarded by persons, for search of the accused. In the above case a warrant of search is not necessary.

Article 127.　The provisions of Arts.111,112,114 and 118 shall apply mutatis mutandis to search effected by a secretary of a public procurator's office or judicial police official in pursuance of the provisions of the preceding Article. However, in cases of urgency, the provisions of Art.114, Par.2 need not be complied with.

Article 128.　If it is necessary for the purpose of discovering facts, a court may effect an inspection of evidence.

Article 129.　By way of inspection, an examination of the person, dissection of a corpse, opening of a grave, destruction of things or any other necessary disposition may be effected.

Article 130.　Before sunrise and after sunset, the dwelling of a person, or the permises, buildings or vessels guarded by persons may be entered for the purpose of inspection only with the consent of the occupant or keeper or persons acting for them. However, this shall not apply when there is apprehension that the object of inspection might not be attained after sunrise.

Article 131.　In case of examining the person, sex, condition of health and other circumstances must be taken into consideration and every measure must be taken, especially in the choice of the method, not to damage his or her reputation.

Article 132.　A court may summon persons other than the accused either to the court or to other place designated for the purpose of examining the person.

Article 133.　In case any person who is summoned in accordance with the preceding Article does not appear without due reasons, the court may, by means of a ruling, impose him a non-penal fine not exceeding five thousand yen and at the same time order to compensate for the expenses resulting from his non-appearance.

Article 134.　In case any person is summoned in accordance with Art.132 and does not appear without due reasons, he may be punished with a fine not exceeding five thousand yen or detention.

Article 135.　Any person who does not obey the summons in accordance with Art.132 may be summoned again or produced under a warrant of production.

Article 136.　Arts.62, 63 and 65 shall apply mutatis mutandis to the summons under the provisions of Art.132 and the preceding Article, while Arts.62, 64, 66, 67, 70, 71 and Par.1 of Art.73, to the production under the preceding Article.

Article 137.　In case where the accused or any person other than the accused refuses the examination of the person without due reason, he shall be imposed a non-penal fine not exceeding five thousand yen, by means of a ruling, and moreover may be ordered to compensate for the expenses resulting from such refusal.

Article 138.　Any person who refuses the examination of the person without due reason shall be punished with a fine not exceeding five thousand yen or detention.

Article 139.　In case a court deems it ineffective to impose a non-penal fine or penalty upon one who refuses the examination of the person, it may examine the person regardless of his refusal.

Article 140.　Before punishing with non-penal fine by virtue of Art.137, or before carrying out examination of the person by virtue of the preceding Article, a court shall hear the opinion of a public procurator, and also make a reasonable effort to ascertain the objections thereto of the individual who is to be examined.

Article 141.　A judicial police official may, if necessary, be caused to assist in the inspection.

Article 142.　The provisions of Arts.112 to 114 inclusive,118 and 125 shall apply mutatis mutandis to inspection.

Article 143.　Except as otherwise provided in this law, a court may examine any person whomsoever as a witness.

Article 144.　If, in respect to facts of which a peason who is or was a public official has obtained knowledge, either such person himself, or the public office to which he belongs or belonged, declares that they relate to official secrets, he shall not be examined as a witness without the consent of the competent supervisory office. However, such office may not refuse to give such consent except in cases where compliance would be prejudicial to important interests of the State.

Article 145.　When the declaration mentioned in the preceding Article has been made by the following persons, they shall not be examined as witnesses without the consent of the House in the case of a person mentioned in Item 1, and, of the Cabinet in the case of a person mentioned in Item 2:

Article 146.　A person may refuse to answer to any question which may tend to incriminate himself or herself.

Article 147.　A witness may refuse to answer to any question which may tend to incriminate the following persons:

Article 148.　Even though a witness may be in one of the relationships mentioned in the foregoing Article to one or more of co-offenders or co-defendants, he shall not refuse to answer as regards matters which concern only the rest of co-offenders or co-defendents.

Article 149.　A person who is, or was, a doctor, dentist, midwife, nurse advocate, patent agent, notary public or a religious functionary may refuse testimony in respect to facts of which he has obtained knowledge in consequence of a mandate he has received in professional lines and which relate to secrets of other persons. However, this shall not apply if the principal (clients) has consented, or if the refusal of testimony is deemed to be nothing but an abuse of right intended merely for the interest of the accused when he is not the principal or if there exist any special circumstances which shall be provided by the Rules of Court.

Article 150.　If a witness who has been summoned fails to appear without good reason, he may, by means of a ruling, be sentenced to a non-penal fine not exceeding five thousand yen, and may, moreover, be ordered to compensate for the expenses arising from his non-appearance.

Article 151.　If a person who has been summoned as a witness fails to appear without good reason, he shall be punished with a fine not exceeding five thousand yen or detention.

Article 152.　A witness who does not obey the summons may be summoned again or produced under a warrant of production.

Article 153.　The provisions of Arts.62, 63 and 65 shall apply mutatis mutandis to the summons of a witness, while the provisions of Arts.62, 64, 66, 67, 70, 71 and 73, Par.1, to the production of a witness.

Article 154.　A witness shall be caused to take an oath except as otherwise provided in this law.

Article 155.　A witness who cannot understand what an oath is shall be examined without being sworn.

Article 156.　A witness may be caused to state inferences which he has drawn from facts which he has actually experienced.

Article 157.　A public procurator, the accused or his defense counsel may be present at the examination of a witness.

Article 158.　A court may, if it deems necessary, summon for examination a witness to any place other than the court or examine him at the place where he is, after hearing the opinion of a public procurator, and the accused or his defense counsel, and taking into consideration the importance of the witness, his age, vocation, health, other special circumstances, and the gravity of the case.

Article 159.　The court shall give the public procurator, the accused or his defense counsel an opportunity to know what a witness has testified, if the public procurator, the accused or his defense counsel was not present at the examination of the witness prescribed by the foregoing Article.

Article 160.　If a witness refuses to be sworn in or to testify without good reason, he may by means of a ruling, be sentenced to a non-penal fine not exceeding five thousand yen, and may, moreover, be ordered to compensate for the expenses arising from such refusal.

Article 161.　Any person who refuses to be sworn or to testify without good reason shall be punished with a fine not exceeding five thousand yen or detention.

Article 162.　A court may, by means of a ruling, when it is necessary, order a witness to go together to the designated place. The witness may be produced, when he does not comply with the order of going together without good reason.

Article 163.　In case a witness is to be examined outside the court, a member of a collegiate court may be caused to make such exmination, or a judge or District Court or Summary Court at the place where the witness actually is may be requisitioned to do so.

Article 164.　A witness may demand travelling expenses, daily allowances and lodging charges. However, this shall not apply if, without good reason, he has refused to be sworn or to testify.

Article 165.　A court may order persons of learning or experience to give expert evidence.

Article 166.　An expert witness shall be caused to take an oath.

Article 167.　When expert evidence is required in respect to the mental or physical condition of the accused, a court may, if necessary, confine the accused in a hospital or other suitable place for a fixed period.

Article 168.　Where it is necessary for the purpose of furnishing expert evidence, an expert witness may, with the permission of a court, enter the dwelling of a person, or the premises, building or vessels guarded by persons, examine the person, dissect a corpse, open a grave, or break and destory things.

Article 169.　A court may cause a member of a collegiate court to effect dispositions necessary for taking expert evidence. However, this shall not apply to the disposition provided for in Art.167, Par.1.

Article 170.　A public procurator or defense counsel may be present at the examination or inquiry by an expert witness. The provisions of Art.157, Par.2 shall apply mutatis mutandis to this case.

Article 171.　With the exception of the provisions relating to production, the provisions of the preceding Chapter shall apply mutatis mutandis to expert evidence.

Article 172.　In the case where one who is to undergo bodily examination by an expert witness in accordance with Art.168, Par, 1 refuses the examination, the expert witness may request the examination to a judge.

Article 173.　An expert witness may demand fees for his opinion and reinbursement of any disbursements, in addition to travelling expenses, daily allowances and lodging charges.

Article 174.　In case a person is examined in regard to past facts which he knows by virtue of special knowledge, the provisions of the preceding Chapter shall govern instead of those of this Chapter.

Article 175.　In case a person not versed in the Japanese language is required to make a statement, an interpreter shall be caused to interpret.

Article 176.　In case a deaf or mute person is required to make a statement, an interpreter may be caused to interpret.

Article 177.　Letters, signs or marks not in the Japanese language may de caused to be translated.

Article 178.　The provisions of the preceding Chapter shall apply mutatis mutandis to interpretation and translation.

Article 179.　The accused, suspect, or his defense counsel may, when there are reasons which make it difficult to use evidences unless they are preserved in advance, only prior to the date for first public trial, request a judge to effect such dispositions as seizure, search, evidence by inspection, examination of witness or expert evidence.

Article 180.　A public procurator and defense counsel may, in a court, inspect and also copy documents and pieces of evidence relating to the dispositions mentioned in Par.1 of the preceding Article. However, in case a defense counsel copies pieces of evidence, he shall obtain the permission of a judge.

Article 181.　When a penalty has been pronounced, the whole or a part of the costs of trial shall be charged to the accused.

Article 182.　The costs of trial against co-offenders may be charged to such co-offenders to be borne by them jointly and severally.

Article 183.　If, in case a decision of innocence or acquittal has been delivered on the case in respect to which public action has been brought upon complaint, accusation or request, the complaint, accuser or person who made the request has acted in had faith or with gross negligence, the costs of trial may be charged to him.

Article 184.　In the event of an appeal or a demand for reopening of procedure being withdrawn by a person other than a public procurator, the costs connected with the appeal or reopening of procedure may be charged to such person.

Article 185.　When the costs of trial are to be charged to the accused in a case in which the proceedings are terminated by decision, the decision relating to such costs shall be rendered ex-officio. Against such decision, an appeal may be raised only where an appeal has been made against the decision as to the principal matters.

Article 186.　Where the costs of trial are to be charged to a person other than the accused in a case in which the proceedings are terminated by decision, a separate ruling for the purpose shall be rendered ex-officio. Against such a ruling, an immediate kokoku appeal may be made.

Article 187.　Where the costs of trial are to be charged in a case in which the proceedings are terminated otherwise than by decision, a ruling for the purpose shall be rendered ex-officio by the court in which the case is last pending. Against such a ruling, an immediate kokoku appeal may be made.

Article 188.　If, in a decision ordering the costs of trial to be borne, the amount of such costs is not fixed, the same shall be fixed by a public procurator who is to direct its execution.

Article 189.　Any member of the National Rural Police or of the Police of Autonomous Entities shall perform his duties as a judicial police official as authorized by law, or regulations of the National Public Safety Commission, the Prefectural Public Safety Commission, the City, Town or Village Public Safety Commission or of the Special Ward Public Safety Commission concerned.

Article 190.　Those who are to exercise the functions of judicial police officials in regard to forestry, railways or other special matters, and the scope of their functions shall be provided by other law.

Article 191.　A public procurator may, if he deems it necessary, investigate an offence himself.

Article 192.　There shall be mutual cooperation and coordination on the part of public procurators and the Prefectural Public Safety Commission, City, Town or Village Public Safety Commission, Special Ward Public Safety Commission and judicial police officials regarding the criminal investigation.

Article 193.　A public procurator may, within his iurisdiction, give necessary general suggestion to judicial police officials regarding their investigation. Such general suggestion shall be confined to setting forth standards for the essential requirements of criminal investigation needed to institute and support public action.

Article 194.　The Procurator-General, Superintending Procurator of the High Public Procurator's Office or Chief of the District Public Procurator's Office may, when he deems necessary in cases where judicial police officials fail to follow the suggestions and instructions of public procurators without good reason, file charges regarding disciplinary action against them or for their removal, either with the National Public Safety Commission, Prefectural Public Safety Commission, City, Town or Village Public Safety Commission or Special Ward Public Safety Commission in case they are judicial police officials who are members of the National Rural Police or the Police of Autonomous Entities, or with the person who has the right of disciplinary action or removal in case they are the judicial police officials other than the national rural police officials and police officials of autonomous entities.

Article 195.　A public procurator and secretary of public procurator's office may, when it is necessary for the purpose of investigation, carry out their duties outside their jurisdiction.

Article 196.　A public procurator, secretary of public procurator's office, judicial police official, defense counsel and any other persons whose duties are connected with criminal investigation are required to be cautious against injuring the reputation of the suspect or other persons and of interfering with the administration of criminal investigation.

Article 197.　With regard to investigation, such examination as may be necessary for attaining its object may be made However, compulsory dispositions shall not be effected except in cases when there are special provisions therefor in this law.

Article 198.　A public procurator, secretary of public procurator's office and judicial police official may ask any suspect to appear in their offices and question him, if it is necessary for pursuing criminal investigation. However, the suspect may, except the case where he is under arrest or under detention, refuse to appear or, after he has appeared, may withdraw at any time.

Article 199.　Where there exists any reasonable cause enough to suspect that an offence has been committed by the suspect, a public procurator, secretary of public procurator's office or judicial police official may arrest him upon a warrant of arrest issued in advance by a judge. However, in respect to the offences punishable with a fine not exceeding five hundred yen, detention or a minor fine, such arrest may be effected only in case where the suspect has no fixed dwelling or where he fails to appear without good reason notwithstanding that he has been called in accordance with the provisions of the preceding Article.

Article 200.　A warrant of arrest shall contain the name and dwelling of the suspect;the name of offence;essential facts of suspected crime;public offices or other places where to bring him;effective period and a statement that arrest cannot be made after the lapse of this period and that the warrant shall be returned to the court of issuances;the date issued;as well as such other matters as prescribed by the Rules of Court;and the name and seal of the judge issuing the warrant.

Article 201.　When the suspect is arrested upon a warrant of arrest, the warrant shall be shown to him.

Article 202.　When a secretary of public procurator's office or judicial police constable has arrested the suspect upon the warrant of arrest, the former shall immediately produce him to a public procurator and the latter to a judicial police officer.

Article 203.　When a judicial police officer has arrested the suspect upon a warrant of arrest or received the suspect who was arrested upon a warrant of arrest, he shall immediately inform him of the essential facts of crime and the fact that he is entitled to select a defense counsel, and then, giving him an opportunity for explanation, he shall immediately release the suspect when he believes there is no need to detain him, or take steps to transfer the suspect together with the documents and evidence to a public procurator within forty-eight hours after the person of the suspect was subjected to restraints, when he believes it necessary to detain him.

Article 204.　When a public procurator has arrested the suspect upon a warrant of arrest or received the suspect who was arrested upon a warrant of arrest (excluding such suspect as was delivered in accordance with the preceding Article), he shall immediately inform him of the essential facts of crime and the fact that he is entitled to select a defense counsel, and then, giving him an opportunity for explanation, shall immediately release him when he believes there is no need to detain him, or shall request a judge to detain him within forty-eight hours after his person was subjected to restraints, when he believes it necessary to detain him. However, the request for detention is not necessary, in case a public action has been instituted within the limitation of time.

Article 205.　When a public procurator has received the suspect delivered in accordance with the provisions of Art.203, he shall give the suspect an opportunity for explanation, and immediately release the suspect if he believes there is no need to detain him, or shall request a judge to detain him within twenty-four hours after he received the suspect, if he believes it necessary to detain the suspect.

Article 206.　In case unavoidable circumstances prevented a public procurator or judicial police officer from complying with the time limitations provided for in the three preceding Articles, a public procurator may, offering presumptive proof of the grounds thereof, request a judge to detain the suspect.

Article 207.　The judge who has received the request for detention mentioned in the preceding three Articles shall have the same power as a court or presiding judge, regarding the disposition thereof. However, this shall not apply to release on bail.

Article 208.　When a public action has not been instituted within ten days after the request of detention was made, in connection with the case where a suspect was detained in accordance with the provisions of the preceding Article, a public procurator shall immediately release the suspect.

Article 209.　The provisions of Arts.74, 75 and 78 shall apply mutatis mutandis to the arrest effected under a warrant of arrest.

Article 210.　When there are sufficient grounds to suspect the commission of an offence punishable by death penalty or penal servitude or imprisonment for an indeterminate period or for a maximum period of three years of more, and if, in addition, because of great urgency a warrant of arrest cannot be obtained beforehand from a judge, a public procurator, a secretary of public procurator's office of a judicial police official may, upon statement of the reasons therefor, apprehend the suspect. In such cases, measures for obtaining a warrant of arrest from a judge shall be immediately taken. If a warrant of arrest is not issued, the suspect must be released immediately.

Article 211.　In case a suspect has been arrested in accordance with the provisions of the preceding Article, the provisions regarding the case where a suspect is arrested in accordance with the provisions of Art.199 shall mutatis mutandis apply.

Article 212.　A person who is committing or has just committed an offence, is called a flagrant offender:

Article 213.　Any person whosoever may arrest a flagrant offender without a warrant.

Article 214.　When any person other than a public procurator, secretary of public procurator's office, and a judicial police official has arrested a flagrant offender, he shall immediately deliver him to a public procurator of a District of Local Public Procurator's Office or to a judicial police official.

Article 215.　When a judicial police constable has obtained delivery of a flagrant offender, he shall promptly bring him to a judicial police officer.

Article 216.　The provisions relating to the case where a suspect has been arrested in accordance with Art.199 shall apply mutatis mutandis to the case where a flagrant offender has been arrested.

Article 217.　Regarding the flagrant offence punishable with a fine not more than five hundred yen, detention or minor fine, the provisions of Arts.213 to 216 inclusive shall apply only in case the dwelling or name of the offender is unknown or there is apprehension of the offender taking flight.

Article 218.　If necessary for the investigation of an offence, a public procurator, secretary of public procurator's office or judicial police official may effect seizure, search and inspection of evidence upon a warrant issued by a judge. In this case, the examination of the person must be made upon a warrant for the examination of the person.

Article 219.　The warrant mentioned in the preceding Article shall contain the name of the suspect or accused and name of offence, articles to be seized, place, person or articles to be searched, place or articles to be inspected, person to be examined and conditions relating to the examination of the person, effective period, a statement that the seizure, search or inspection of evidence shall not be commenced in any way after the lapse of such period and the warrant shall be returned to the court, and the date of issuance as well as such other matters as provided for in the Rules of Court, and shall contain the name and seal of the judge issuing the warrant.

Article 220.　In cases where a public procurator, secretary of public procurator's office or a judicial police official arrests a suspect in accordance with Art.199 or where he arrests a flagrant offender, he may, if necessary, take the following dispositions. The same shall apply, if necessary, to the case where a suspect is arrested in accordance with Art.210:

Article 221.　A public procurator, secretary of public procurator's office or judicial police official may retain articles which have been left behind by a suspect or other persons, or those which have been voluntaraily produced by their owner, possessor or custodian.

Article 222.　The provisions of Arts.99,100,102 to 105 inclusive,110 to 112 inclusive,114,135 and 118 to 124 inclusive shall apply mutatis mutandis to the seizure and search effected by a public procurator, secretary of public procurator's office or judicial police official in accordance with the provisions of Arts.218,220 and 221. The provisions of Arts.110,112,114,118,129,131 and 137 to 140 inclusive shall apply mutatis mutandis to the inspection of evidence effected by a public procurator, secretary of public procurator's office or judicial police official in accordance with the provisions of Art.218 or 220. However, a judicial constable shall not effect the disposition provided for in Arts.122 to 124 inclusive.

Article 223.　A public procurator, secretary of public procurator's office and judicial police official may ask any person other than the suspect to appear in their offices, question him or request him to formulate an opinion as an expert or act as an interpreter or translator, if it is necessary for pursuing the criminal investigation.

Article 224.　In cases where a request is made for an expert evidence in accordance with Par.1 of the preceding Article, and the measures provided by Par.1, Art.167 are needed, the public procurator, secretary of public procurator's office and judicial police officer shall ask the judge for the measures abovementioned.

Article 225.　A person who has been requested to given an expert opinion in accordance with Par.1, Art.223, may carry out the measures provided by Par.1, Art.168, with the permission of the judge.

Article 226.　When a person who apparently possesses information essential to the investigation of a crime refuses to appear or disclose such information voluntarily at the examination in accordance with Par.1, Art.223, the public procurator may request a judge to interrogate him as a witness, only before the first date fixed for the public trial of the case.

Article 227.　When there is cause to believe that an individual who has voluntarily furnished information at the examination by a public procurator, secretary of public procurator's office or judicial police official in accordance with Par.1, Art.223 may be subjected to pressures to withdraw or change such statements in testimony at the public trial, and when it appears that such testimony will be essential for proving the guilt of the accused, the public procurator may request a judge to interrogate the person as a witness, only before the first date fixed for the public trial of the case.

Article 228.　A judge to whom the request provided by the preceding two Articles has been made shall have the same authority as a court or a presiding judge in regard to the examination of witness.

Article 229.　In the event of the body of a person who has died an unnatural death or is suspected of having died an unnatural death being found, a public procurator of a District or Local Public Procurator's Office which has jurisdiction over the place where it has been found shall hold an inquest (examine the body).

Article 230.　A person who has been injured in consequence of an offence may file a complaint.

Article 231.　The legal representative of the injured party may file an independent complaint.

Article 232.　Where the legal representative of the injured party is the suspect, the spouse of the suspect, a relative by blood within the fourth degree of relationship or a relative by affinity within the third degree of relationship of the suspect, a relative of the injured party may file an independent complaint.

Article 233.　In respect to the offence of defaming a deceased person, his relatives or descendants may file a complaint.

Article 234.　If there is no person to file a complaint, in respect to an offence subject to prosecution on complaint, a public procurator may, on the application of any person interested, designate a person who can file a complaint.

Article 235.　In respect to an offence subject to prosecution on complaint, no complaint shall be made after the lapse of six months from the day on which knowledge of the offender was obtained. However, this shall not apply to the complaint to be made by the representative of a foreign power in accordance with Art.232, Par.2 of the Penal Code or to the complaint to be made, in relation to the offence against a foreign mission sent to Japan as mentioned in Art.230 or 231 of the Penal Code, by such mission.

Article 236.　Where there are two or more persons entitled to file a complaint, failure by one of them to observe the term for complaint shall not operate against the others.

Article 237.　Complaint may be withdrawn at any time before public action is instituted.

Article 238.　Complaint filed against one or more of the co-offenders in an offence subject to prosecution on complaint, or the withdrawal thereof, shall take effect in respect to the other co-offenders also.

Article 239.　Any person who believes that an offence has been committed, may lodge an accusation.

Article 240.　Complaint may be filed by proxy. The same shall apply to the withdrawal of complaint.

Article 241.　Complaint or accusation shall be filed with a public procurator or a judicial police officer in writing or orally.

Article 242.　On receipt of a complaint or accusation, a judicial police officer shall promptly forward the documents and pieces of evidence pertaining thereto to a public procurator.

Article 243.　The provisions of the preceding two Articles shall apply mutatis mutandis to the withdrawal of complaint or accusation.

Article 244.　The complaint or withdrawal thereof to be made by the representative of a foreign power in accordance with the provisions of Art.232, Par.2 of the Penal Code may be made to the Minister for Foreign Affairs notwithstanding the provisions of Art.241 and the preceding Article of this law. The same shall apply to the complaint or withdrawal thereof, regarding the offence against a foreign mission sent to Japan as mentioned in Art.230 or 231 of the Penal Code, to be made by such mission.

Article 245.　The provisions of Arts.241 and 242 shall apply mutatis mutandis to selfdenunciation.

Article 246.　Except as otherwise provided in this law, when a judicial police officer has conducted the investigation of a crime, he shall send the case together with the documents and pieces of evidence to a public procurator. However, this shall not apply to the case which is specially designated by a public procurator.

Article 247.　Public action shall be instituted by a public procurator.

Article 248.　If after considering the character, age and situation of the offender, the gravity of the offence, the circumstances under which the offence was committed, and the conditions subsequent to the commission of the offence, prosecution is deemed unnecessary, public action may be dispensed with.

Article 249.　Public action shall not take effect against persons other than the accused designated by a public procurator.

Article 250.　Prescription shall be completed upon the lapse of:

Article 251.　In regard to offences punishable by the concurrent imposition of two or more principal penalties or by the imposition of one of two or more principal penalties, the provisions of the preceding Article shall apply with reference to the heaviest penalty.

Article 252.　When the penalty is to be increased or commuted in accordance with the Penal Code, the provisions of Art.250 shall apply with reference to the penalty not so increased or commuted.

Article 253.　Prescription shall commence to run at the time when the criminal act has ceased.

Article 254.　Prescription shall cease to run on the institution of the public action against the case concerned, and begin to run when a decision notifying jurisdictional incompetency or dismissing the public action becomes finally binding. However, this shall not apply in cases wbere the institution of the public action has lost its validity in accordance with Par.2, Art.271.

Article 255.　Prescription shall not run during the period for which the offender is outside Japan or he conceals himself so that it is impossible to serve him with a copy of the indictment.

Article 256.　Public action must be instituted by filing a written indictment with a court.

Article 257.　Public action may be withdrawn before the judgment in the first instance rendered.

Article 258.　If a public procurator considers that the case does not come within the iurisdiction of the court corresponding to the public procurator's office to which he belongs, he shall send such case, together with the documents and pieces of evidence, to a public procurator of the public procurator's office corresponding to the competent court.

Article 259.　When a public procurator has made a disposition not to institute a public action, he shall promptly inform the suspect of such fact upon his request.

Article 260.　If, in a case with respect to which complaint, accusation or demand has been lodged, public action has been instituted, or a disposition not to institute it has been made, notice of such fact shall, by a public procurator, be promptly given to the complainant, accuser or the person who made the demand. The same shall apply where public action has been withdrawn, or the case has been sent to a public procurator of another public procurator's office.

Article 261.　If, in a case with respect to which complaint, accusation or demand has been lodged, a disposition not to institute a public action has been made, a public procurator shall, upon request of the complainant, accuser or the person who made the demand, promptly inform them of the reasons therefor.

Article 262.　If, in a case with respect to which complaint or accusation is made concerning the offences mentioned in Arts.193 to 196 inclusive of the Penal Code, the complainant or accuser is dissatisfied with the disposition made by a public procurator not to institute a public action, he may apply to a District Court having jurisdiction over the place of the public procurator's office to which that public procurator belongs for committing the case to a court for trial.

Article 263.　The application mentioned in Par.1 of the preceding Article may be withdrawn before the ruling of Art.266 is rendered.

Article 264.　A public procurator shall institute public action if he considers the application mentioned in Par.1 of Art.262 well-founded.

Article 265.　Trial and decision on the application mentioned in Par.1 of Art.262 shall be conducted and delivered by a collegiate court.

Article 266.　On receipt of the application mentioned in Par.1 of Art.262, a court shall render a ruling according to the following classification:

Article 267.　When the ruling mentioned in Item 2 of the preceding Article has been rendered, public action shall be deemed to have been instituted on the case.

Article 268.　When a case has been committed to it for trial in accordance with the provisions of Art.266, Item 2, the court shall designate from among advocates one who shall sustain the public action on such case.

Article 269.　When a court dismisses the application mentioned in Par.1 of Art.262 or when the application is withdrawn, the court may, by means of a ruling, order the person who made the application to compensate for the whole or a part of the costs arising from the procedure relating to the application. An immediate "kokoku" appeal may be filed to the ruling.

Article 270.　After the public action has been instituted, a public procurator may inspect and copy the documents and pieces of evidence relating to the case.

Article 351.　Appeal (Joso) may be lodged by a public procurator or the accused.

Article 352.　"Kokoku" appeal may be filed by a person other than a public procurator or the accused, against whom a ruling has been rendered.

Article 353.　The legal representative or curator of the accused may lodge an appeal on behalf of the accused.

Article 354.　When the reason for detention was indicated, the person who requested the indication may also make an appeal against the detention on behalf of the accused. The same shall apply to the ruling which rejects the appeal.

Article 355.　A proxy or defense counsel in the original instance may lodge an appeal on behalf of the accused.

Article 356.　Appeal mentioned in the preceding three Articles shall not be taken against the clearly expressed intention of the accused.

Article 357.　Appeal may be filed against a part of a decision. An appeal which is not specially limited to a part shall be deemed to have been taken against the entire decision.

Article 358.　The period for making an appeal shall begin to run from the day on which the decision was made known.

Article 359.　A public procurator, the accused or the person mentioned in Art.352 may withdraw an appeal.

Article 360.　The persons mentioned in Art.353 or 354 may withdraw an appeal with the consent of the accused.

Article 361.　A person who has withdrawn an appeal shall not take another appeal in respect to the same case. The same shall apply to the accused who has given consent to the withdrawal of the appeal.

Article 362.　When a person entitled to make an appeal by virtue of Arts.351 to 355 inclusive has been prevented, by a cause not imputable to himself or his representative, from lodging an appeal within the period for making an appeal, he may apply to the original court for recovery of his right of appeal.

Article 363.　Demand for recovery of the right of appeal shall be made in writing within a period equivalent to the period for appeal beginning on the day on which the cause which prevented the appeal ceased to exist.

Article 364.　Immediate "Kokoku" appeal may be filed against the ruling made regarding the demand for recovery of the right of appeal.

Article 365.　When a demand has been made for the recovery of the right of appeal, the original court may render a ruling staying the execution of the decision until the ruling provided for in the preceding Article is rendered. In this case, a warrant of detention may be issued against the accused.

Article 366.　If the written application for an appeal is submitted by the accused who is in prison to the chief prison officer or his deputy within the period for appeal, such appeal shall be deemed to be made within the prescribed period.

Article 367.　The provisions of the preceding Article shall apply mutatis mutandis in cases where the accused who is in prison withdraws an appeal or demands recovery of his right of appeal.

Article 368.　In case an appeal which has been instituted only by a public procurator is dismissed or withdrawn, the State shall compensate the then accused of the case for the expenses incurred by him because of the appeal in the instance in which the appeal has been lodged.

Article 369.　The amount of the compensation shall cover only travelling expenses, daily allowances and lodging charged which have been incurred by the then accused and the then defense counsel for the purpose of appearing on the date for the preparation for public trial or for the public trial, and the remuneration which the then accused has given to the then defense counsel, and, as regards the amount which shall be granted, the provisions concerning the witness and defense counsel of the Law concerning the Costs of Criminal Procedure shall apply mutatis mutandis to the then accused and the then defense counsel respectively.

Article 370.　Compensations shall be allowed upon request of the then accused or his proxy, by means of a ruling, by the Supreme Court or the High Court which has exercised the appellate jurisdiction over the case in question.

Article 371.　Except as otherwise provided in this Code, the Rules of Court shall cover the request, payment of compensation and other proceedings regarding the compensation.

Article 372.　"Koso" appeal may be lodged against a judgment rendered in first instance by a District Court or by a Summary Court.

Article 373.　The period allowed for "Koso" appeal shall be fourteen days.

Article 374.　"Koso" appeal shall be lodged by presenting a written application for "Koso" appeal to the court of the first instance.

Article 375.　Where it is obvious that a "Koso" appeal has been lodged after the termination of the right of "Koso" appeal, the court of the first instance shall dismiss it by means of a ruling. Immediate "Kokoku" appeal may be filed against such ruling.

Article 376.　An appellant must present the statement of reasons for "Koso" appeal to the appellate court within the period which shall be prescribed by the Rules of Court.

Article 377.　Where "Koso" appeal is lodged on any of the following grounds, the statement of reasons for the appeal shall be appended with a certificate of a public procurator or defense counsel to the effect that sufficient proof of the existence of such grounds can be offered (if an opportunity is afforded):

Article 378.　Where "Koso" appeal is lodged upon any of the following grounds, the statement of reasons for the appeal shall contain an adequate reference to matters, to make credible the ground alleged, appearing in the record which describes the procedure done and the contents of evidence taken by the original court:

Article 379.　Where "Koso" appeal is lodged upon the ground, other than prescribed by the preceding two Articles, that a certain law or ordinance of procedure was violated and that the violation is material to the judgment, the statement of reasons for the appeal shall contain an adequate reference to matters, to make credible the ground alleged, appearing in the record which describes the procedure done and the contents of evidence taken by the original court.

Article 380.　Where "Koso" appeal is lodged upon the ground of a mistake in the construction, interpretation or application of law or ordinance by the original court, and that the mistake is material to the judgment, the statement of reasons for the appeal shall specifically point out the mistake and its materiality to the judgment.

Article 381.　Where "Koso" appeal is lodged upon the ground that the penalty has been determined improperly or unjustly, the statement of reasons for the appeal shall contain an adequate reference to matters, to make credible the ground alleged, appearing in the record which describes the procedure done and the contents of evidence taken by the original court.

Article 382.　Where "Koso" appeal is lodged upon the ground of errors in finding facts and its obvious materiality to the judgment, the statement of reasons for the appeal shall contain an adequate reference to matters, to make credible the ground alleged, appearing in the record which describes the procedure done and the contents of evidence taken by the original court.

Article 383.　Where "Koso" appeal is lodged on any of the following grounds, the statement of reasons for the appeal shall be appended with the presumptive proof for the ground:

Article 384.　"Koso" appeal may be lodged only by asserting any of the grounds for appeal prescribed by Arts.377 to 383 inclusive.

Article 385.　Where it is obvious that the application for "Koso" appeal has been made not following the form established by law or ordinance or subsequent to the termination of the right of appeal, the court of "Koso" appeal shall dismiss it by means of a ruling.

Article 386.　The court of "Koso" appeal shall dismiss the "Koso" appeal by means of a ruling:

Article 387.　For a trial on "Koso" appeal, no person other than an advocate shall be appointed a defense counsel.

Article 388.　In a trial on "Koso" appeal, only the defense counsel may argue on behalf of the accused.

Article 389.　On the date of hearing, a public procurator and defense counsel shall argue on the basis of the statement of reasons for "Koso" appeal.

Article 390.　In a trial on "Koso" appeal, the accused is not required to appear on the date for public trial. However, in case of the offence other than punishable by a fine not exceeding five thousand yen or minor fine, the court of "Koso" appeal may order the accused to appear on the date for public trial, if it is deemed essential for the protection of rights of the accused.

Article 391.　If a defense counsel does not appear, or no defense counsel has been appointed, a judgment may be given after hearing the statement of a public procurator, except in case where defense counsel is required by this Code or has been assigned by a ruling.

Article 392.　The court of "Koso" appeal shall investigate all the matters contained in the statement of reasons for the appeal.

Article 393.　The court of "Koso" appeal, when it is deemed necessary for the investigation mentioned in the preceding Article, may examine facts, upon request of a public procurator, the accused or his defense counsel, or ex-officio. However, as to the evidences of which presumptive proof is presented showing that they could not be offered for examination before the conclusion of the oral proceedings in the first instance, the court must examine such evidences, only where they are essential to the proof of improper determination of penalty or of the errors in finding fact material to the judgment.

Article 394.　Any evidence which was admitted or used as evidence in the court of first instance may be used as evidence also in the court of "Koso" appeal.

Article 395.　When an application for "Koso" appeal has been made not following the from established by law or ordinance or subsequent to the termination of the right of "Koso" appeal, the court of "Koso" appeal must dismiss it by means of a judgment.

Article 396.　Where there exists no ground for "Koso" appeal prescribed by Arts.377 to 383 inclusive, it shall be dismissed by means of a judgment.

Article 397.　Where there exists any of the grounds for "Koso" appeal prescribed by Arts.377 to 383 inclusive, the original judgment shall be quashed by means of a judgment.

Article 398.　When the original judgment is to be quashed on the ground that the original court illegally pronounced itself incompetent or illegally dismissed the public action, the case shall be sent back to the original court by means of a judgment.

Article 399.　When the original judgment is to be quashed on the ground that the court illegally considered itself competent, the case shall, by means of a judgment, be transferred to the competent court of first instance. However, if the court of "Koso" appeal has itself the jurisdiction of first instance over the case, it shall try the case as court of first instance.

Article 400.　When the original judgment is to be quashed on any ground other than the grounds mentioned in the preceding two Articles, the case shall be either sent back to the original court or transferred to another court in the same class as the original court by means of a judgment. However, if the court recognizes that it may immediately render a judgment on the basis of record and evidences already made and examined by the original court or the court of appeal, it may render the judgment for the case.

Article 401.　In case the original judgment is quashed for the benefit of the accused, such judgment shall be quashed also for the co-accused by whom "Koso" appeal was lodged if the ground for quashing is common to such co-accused.

Article 402.　In a case where "Koso" appeal has been lodged by, or for the benefit of, the accused, no penalty severer than that imposed by the original judgment shall be pronounced.

Article 403.　In the event of the original court having illegally failed to render a ruling dismissing the public action, the public action, shall be dismissed by means of a ruling.

Article 404.　The provisions relating to public trial in Book II shall apply mutatis mutandis to trial on "Koso" appeal, except as otherwise provided in this Code.

Article 405.　"Jokoku" appeal may be lodged against a judgment in first or second instance rendered by a High Court in the following cases:

Article 406.　The Supreme Court, as the court of "Jokoku" appeal, may, in accordance with the Rules of Court, admit any cases which it deems to involve an important problem of the construction of law or ordinance, only before the original judgments become finally binding, even though the cases be not those of which "Jokoku" appeals may be lodged by virtue of the preceding Article.

Article 407.　The statement of reasons for "Jokoku" appeal shall specifically point out the ground for the appeal in accordance with the Rules of Court.

Article 408.　Where the court of "Jokoku" appeal finds, after examining the statement of reasons for "Jokoku" appeal and other documents, that the appeal is not sustainable, it may dismiss the appeal, by means of a judgment, without holding the oral proceedings.

Article 409.　The court of "Jokoku" appeal is not required to summon the accused on the date for public trial.

Article 410.　The court of "Jokoku" appeal shall quash the original judgment, by means of a judgment, in case it finds out that there exists any of the grounds for quashing provided by each item of Art.405. However, this shall not apply, if the existence of the ground does not affect the judgment at all.

Article 411.　Even where there exists no ground as prescribed by any one of the items in Art.405, if the court of "Jokoku" appeal deems it incompatible with justice not to quash the original judgment because of the existence of the following causes, it may quash it by means of a judgment:

Article 412.　When the original judgment is to be quashed on the ground that the court illegally considered itself competent, the case shall, by means of a judgment, be transferred to the competent court of "Koso" appeal or competent court of first instance.

Article 413.　When the original judgment is to be quashed on any ground other than the grounds mentioned in the preceding Article, the case shall be either sent back to the original court or the court of first instance, or transferred to another court in the same class as these courts, by means of a judgment. However, if the court of "Jokoku" appeal recognizes that it may immediately render a judgment on the basis of record and evidences already made and examined by the original court or court of first instance, it may render the judgment for the case.

Article 414.　The provision of the preceding Chapter shall apply mutatis mutandis to the trial of "Jokoku" instance, except as otherwise provided in this Code.

Article 415.　The court of "Jokoku" appeal, where it notes error in the contents of its judgment, may amend it by another judgment upon request of a public procurator, the accused or his defense counsel.

Article 416.　A judgment for amendment may be rendered without opening oral proceedings.

Article 417.　The court of "Jokoku" appeal shall reject the request, by means of a ruling, without delay in case it will not render a judgment for amendment.

Article 418.　The judgment of the court of "Jokoku" appeal shall become finally binding on expiration of the term mentioned in Art.415, or where any request is made in accordance with Par.1 of the same Article, on the rendition of a judgment for amendment or of a ruling rejecting the request.

Article 419.　In addition to the cases where it is specially provided that immediate "Kokoku" appeal may be made, "Kokoku" appeal may be made against a ruling rendered by a court, except as otherwise provided in this Code.

Article 420.　Against a ruling rendered, prior to the judgment, concerning the jurisdiction of a court or the proceedings, no "Kokoku" appeal shall be made except in cases where it is specially provided in this Code that immediate "Kokoku" appeal may be made.

Article 421.　With the exception of immediate "Kokoku" appeal, "Kokoku" appeal may be made at any time. However, this shall not apply when there would no longer be any actual advantage in having the original ruling cancelled.

Article 422.　The period allowed for immediate "Kokoku" appeal shall be three days.

Article 423.　"Kokoku" appeal shall be filed by presenting a written application to the original court.

Article 424.　With the exception of immediate "Kokoku" appeal, "Kokoku" appeal shall not have the effect of suspending the execution of the decision. However, the original court may, by means of a ruling, suspend the execution until the "Kokoku" appeal has been adjudicated upon.

Article 425.　The execution of a decision shall be suspended during the period allowed for immediate "Kokoku" appeal, and also when such "Kokoku" appeal has been made.

Article 426.　In the event of a "Kokoku" appeal having been made in a manner contrary to the provisions governing it, or if a "Kokoku" appeal is without grounds, it shall be dismissed by means of a ruling.

Article 427.　Against a ruling of the court of "Kokoku" appeal, no further "Kokoku" appeal shall be made.

Article 428.　Against a ruling of a High Court, no "Kokoku" appeal shall be made.

Article 429.　Any person dissatisfied with any of the following decisions, may request for rescission or alteration of the decision, in case it has been rendered by a judge of a Summary Court, to the District Court having jurisdiction over it, or in case rendered by a judge of a higher court, to the court to which the judge belongs:

Article 430.　Any person who has any objection to the dispositions mentioned in Art.39, Par.3, or the dispositions concerning seizure or the restoration of seized articles which were effected by a public procurator or a secretary of a public procurator's office, may make a request for the cancellation or alteration of such dispositions to the court corresponding to the public procurator's office to which the said public procurator or secretary belongs.

Article 431.　Requests mentioned in the preceding two Articles shall be made in writing to the competent court.

Article 432.　The provisions of Arts.424,426 and 427 shall apply mutatis mutandis in case where the requests mentioned in Arts.429 and 430 have been made.

Article 433.　Against a ruling or order to which no objection is allowed in this Code, a "Kokoku" appeal may be filed to the Supreme Court only on the ground that there exists a reason provided in Art.405.

Article 434.　The provisions of Arts.423,424 and 426 shall apply mutatis mutandis to the "Kokoku" appeal mentioned in Par.1 of the preceding Article, except as otherwise provided in this Code.