Law for the Inquest of Prosecution
法令番号: 法律第147号
公布年月日: 昭和23年7月12日
法令の形式: 法律

審議経過

I hereby promulgate the Law for the Inquest of Prosecution.
Signed:HIROHITO, Seal of the Emperor
This twelfth day of the seventh month of the twenty-third year of Showa (July 12, 1948)
Prime Minister　ASHIDA Hitoshi
Law No.147
Law for the Inquest of Prosecution
Chapter I General Provisions
Article 1.　For the purpose of proper and fair execution of the right of public action by reflecting the popular will, the Inquest of Prosecution shall be established in the area where the District Court or its Branch are situated, as fixed by Cabinet Order. However, the number of Inquests shall not be less than 200;provided that there shall be no District Court area without at least one Inquest.
The name and territorial jurisdiction of the Inquest of Prosecution shall be fixed by Cabinet Order.
Article 2.　The Inquest of Prosecution shall be in charge of the following matters:
1.　Matters concerning the examination of whether or not the disposition of nonprosecution made by a bublic procurator was proper;
2.　Matters concerning making proposals and giving advice in regard to the improvement of prosecution affairs.
The Inquest of Prosecution shall conduct the examination mentioned in item 1 of the preceding paragraph, upon application made by the person who has lodged an accusation or complaint, who has made a request regarding the case to be received upon request, or who has been injured by crime.
The Inquest of Prosecution may conduct the examination mentioned in item 1 of Paragraph 1 ex-officio, based upon the materials which the Inquest has come to know by itself, when a decision to such effect has been made by a majority of the meeting of the Inquest.
Article 3.　The Inquest of Prosecution shall be independent in the exercise of its authority.
Article 4.　The Inquest of Prosecution shall consist of 11 members selected by lot from among voters for the members of the House of Representatives within the territorial jurisdiction of the Inquest in question.
Chapter II Members of Inquest and Organization of Inquest
Article 5.　The following persons may not become members of the Inquest:
1.　Any person who has not graduated from the primary school, except those who have knowledge equivalent to that which a person would have if he had graduated from the primary school;
2.　Any person who was adjudged bankrupt and has not yet been rehabilitated;
3.　Any person who is deaf, dumb or blind;
4.　Any person sentenced with penalty not lighter than penal servitude or imprisonment without hard labor for one year.
Article 6.　The following persons may not assume the post of the member of the Inquest:
1.　Emperor, Empress, Grand Empress Dowager, Empress Dowager and Imperial Heir
2.　Minister of State
3.　Judge
4.　Public Procurator
5.　Auditor of the Board of Audit
6.　Secretary-General of the Supreme Court, private secretary to the President of the Supreme Court, Instructor of Judicial Research ane Training Institute, Research Official of Court, Secretary of Court, Technical Official of Court Marshal and Bailiff
7.　Juvenile Court Judge, Juvenile Investigator (Hogoshi) and Clerk of Juvenile Court
8.　Official of the Attorney-General's Office
9.　Private Secretary to the Public Procurator-General, Secretary of Public Procurator's Office, Technical Official of Public Procurator's office and other personnel of Public Procurator's Office
10.　Secretary of Inquest of Prosecution
11.　Member of the National Public Safety Commission, member of the Prefectural Public Safety Commission, member of the City, Town and Village Public Safety Commission, member of the Special Ward Public Safety Commission and Police Official
12.　Person who discharges the duties of judicial police official
13.　Prison of Official
14.　Economic Investigator
15.　Tax-collector, Customs-officer and Official of the Monopoly Bureau
16.　Person who engages in the enterprises such as mail, telegram, telephone, railway or tramway and Mariners
17.　Prefectural Gouernor and Head of City, Town or Village
18.　Lawyer and Patent Agent
19.　Public Notary and Judicial Scrivener
Article 7.　In the following case the member of the Inquest shall be excluded from the exercise of his functions:
1.　If he himself is the suspect or injured party;
2.　If he is or was a relative of the suspect or injured party;
3.　If he is the legal representative, supervisor of guardianship or curator of the suspect or injured party;
4.　If he lives in the house of the suspect or injured party or is an employee of the latter;
5.　If he has lodged an accusation or made a request regarding the case;
6.　If he has become a witness or expert witness regarding the case;
7.　If he has become a representative or counsel of the suspect regarding the case;
8.　If he has discharged his duties as a public procurator or Judicial police official regarding the case.
Article 8.　The following person may decline the post of the member of the Inquest:
1.　Person who is not less thah 60 years old;
2.　Member of the Diet or of assemblies of local public entity. However, this shall apply only during the term of the session of the Diet or such assemblies;
3.　Official of the Diet, government official (Kanri), local official (Kori), teacher;
4.　Student;
5.　Person who has obtained from the Inquest the approval of declining the post on account of serious illness, travelling overseas and other unavoidable reasons.
Aritcle 9.　The Chief of the Secretariat of Inquest shall allot the number of candidates for the members of the Inquest to cities, towns and villages which are located in the territorial jurisdiction of the Inquest in question on and before the 20th of December every year and shall inform the Election Administration Committee of city, town or village to that effect.
Candidates for the members of the Inquest shall be divided in four panels (the first panel to the fourth panel) by each Inquest and the number of persons contained in each panel shall be 100.
Article 10.　The Election Administration Committee of city, town or village, when it has received the information mentioned in the preceding Article, shall select by lot, from among the Election List of the House of Representatives, the multiple number of eligible persons for the candidates for members of the Inquest belonging respectively to the first panel to the fourth panel inclusive, the number of which has been allotted in accordance with the provisions of the same Article and after the investigation of qualification as the members of the Inquest, the said Committee shall select by lot, from among the qualified expected person, the candidates for members of the Inquest belonging to respectively to the first panel to the fourth panel inclusive.
As the result of investigation bnsed on the preceding paragraph, in case the qualified eligible persons come short of the numbers of candidates for members of the Inquest, the provision of the preceding paragraph shall apply mutatis mutandis to until the vacancy is filled.
The Election Administration Committee of city, town or village shall give notice of the place where and the date when the selection by lot shall be conducted at least 3 days prior to the day on which the selection by lot is to be conducted according to the provisions of Paragraph 1 or 2.
In case the selection by lot is to be conducted according to the provisions of Paragraph 1 or 2, those who have suffrage for members of the House of Representatives may be present thereat, but at least 3 persons must be present.
The Election Administration Committee of city, town or village shall make up a list of the candidates for the members of the Inquest in which the names, addresses and dates of birth are entered of the candidates for the members of the Inquest selected according to the provisions of Paragraphs 1 and 2.
Article 11.　The Election Administration Committee of city, town or village shall send the list of candidates for the members of the Inquest on and before the 15th of January to the Secretariat of Inquest which has jurisdiction over it.
The Election Administration Committee of city, town or village shall notify the persons entered in the list of candidates for the members of the Inquest to that effect and shall publicly announce the full name of such persons.
Article 12.　If any of the candidates has died, or lost the right to vote for the members of the House of Representatives of fallen under any of the items of Art.5 or 6, after the list of candidates for the members of the Inquest was sent in accordance with the provisions of the preceding Article, the Election Administration Committee of city, town or village shall, without delay, notify, to that effect the Secretariat of Inquest having the jurisdiction over it.
Article 13.　The chief of the Secretariat of Inquest shall select by lot;five members of the Inquest and supplementary members respectively from among the first panel of candidates on the 31st of January every year;six each of them from among the second panel of candidates on the 30th of April;five each of them from among the third panel of candidates on the 31st of July;six each of them from among the fourth panel of candidates on the 31st of October.
If the date mentioned in the preceding paragraph falls on Sunday, the selection by lot mentioned in the preceding paragraph shall be conducted on the previous day.
The selection by lot mentioned in the first paragraph shall be conducted in the presence of a judge of District Court, a public procurator of District Public Procurator's Office and an official of city, town or village concerned. In this case, the above persons present shall certify the selection of members and supplementary members of the Inquest.
Article 14.　The term of office of the members and supplementary members of the Inquest shall be respectively six months.
Article 15.　Everytime when the members and supplementary members of the Inquest have been selected in accordance with the provisions of Art.13, Par.1, the meeting of the Inquest shall be held and the chairman of the Inquest shall be elected by mutual vote. In the above case, until the chairman is elected by mutual vote, the chief of Secretariat of Inquest shall perform his duties.
The chairman of the Inquest shall be the president of the meeting of the Inquest, shall administer the affairs of the Inquest and shall direct and supervise the Secretaries of Inquest.
The term of office of the chairman shall end at the time when the next Selection is conducted in accordance with the provisions of Par.1 of Art.19.
The provisions of Par.1 shall apply mutatis mutandis to the case where the post of the chairman is vacant or he is suspended from discharging his duties.
Excepting the case mentioned in the preceding paragraph. if the chairman is hindered from discharging his duties, other member of the Inquest shall temporarily discharge the duties of the chairman in an order previously fixed by the Inquest.
Article 16.　The chief of the District Court or a judge serving in its Branch shall, prior to the opening of the meeting of Inquest mentioned in the first paragraph of the preceding Article, give an advice regarding the knowledge necessary for the members and supplementary members of the Inquest, and have them take an oath.
The oath shall be administered in a written oath.
The written oath shall read: "I hereby swear that I will discharge the duties fairly and faithfully according to my conscience."
The chief of the District Court or judge serving in its Branch shall stand up and read the written oath aloud and cause the members and supplementary members of the Inquest to sign and seal it.
Article 17.　Any member of the Inquest shall, if he has been indicted on the charge of an offence punishable with penalty not lighter than imprisonment without hard labor, be suspended from discharging his duties until the judgment becomes irrevocable.
Article 18.　In case the post of any member of the Inquest has become vacant or such person has been suspended from discharging his duties, the chairman of the Inquest shall select by lot a member to fill that vacancy from among the supplementary members.
The selection by lot mentioned in the preceding paragraph shall be conducted in the presence of a Secretary of Inquest.
Chapter III Secretariat of Inquest and Secretary of Inquest
Article 19.　There shall be a Secretariat in each Inquest of Prosecution.
Article 20.　There shall be 600 Secretaries of Inquest in all the Inquest of Prosecution.
The Secretaries of Inquest shall be appointed by the Supreme Court from among 2nd or 3rd class Court Secretaries, and the Inquest in which they are to serve shall be determined by each District Court as fixed by the Supreme Court.
The Supreme Court shall appoint one of the Secretaries of Inquest to the chief of the Secretariat of each Inquest.
The chief of the Secretariat of Inquest and other Secretaries of Inquest shall take charge of the business of the Inquest under the direction and supervision of the chairman.
Chapter IV Meeting of Inquest
Article 21.　The Inquest of Prosecution shall open its meeting on the 15th day of March, June, September and December in each year.
The chairman of the Inquest may convene the meeting at any time if he deems it especially necessary.
The provisions of Art.13, Par.2 shall apply mutatis mutandis to the case mentioned in Par.1.
Article 22.　The letter of convocation of the meeting of Inquest shall be issued by the chairman to all the members and supplementary members of the Inquest.
Article 23.　The letter of convocation to the members and supplementary members of the Inquest shall state the date and place of presence and the fact that they may be punished with non-penal fine if they do not comply with the request of presence.
Article 24.　The members and supplementary members of the Inquest may not assume their duties at the date of the meeting in question, in case they are unable to comply with the convocation because of illness or other unavoidable causes. In such case, the reason therefor shall be explained in writing.
Article 25.　The Inquest of Prosecution may not hold its meeting and make decisions unless all its members are present.
In case any member of the Inquest is not present at the date of meeting or in case a decision of exclusion has been made in accordance with the provisions of Art.34, the chairman shall select by lot a person who is to temporarily discharge the duties of the member from among the supplementary members.
The provisions of Art.18, Par.2 shall apply mutatis mutandis to the case mentioned in the preceding paragraph.
Article 26.　The meeting of the Inquest Shall not be open to the public.
Article 27.　The matters taken up by the Inquest shall be decided by a majority of its members. However, agreement of not less than eight of the members is necessary in order to make a decision to the effect that it is proper to prosecute the case.
Article 28.　The record of meeting shall be made up regarding the matters taken up by the meeting of the Inquest.
The record of meeting shall be made up by the Secretaries of Inquest.
Article 29.　Travelling expenses, daily allowances and expenses for lodging shall be paid to the members and supplementary members of the Inquest as fixed by Cabinet Order. However, the amount of these expenses and allowances shall not be less than those paid to witnesses, in accordance with the provisions of the Law concerning the Costs for Criminal Procedure and the Law for Temporary Measures relating to the Costs of Action and others.
Chapter V Application for Examination
Article 30.　The person who has lodged an accusation or complaint, who has made a request regarding the case to be received upon request, or who has been injured by crime, when such person is not satisfied with the disposition of non-prosecution made by a public procurator, may make an application for examination as to whether or not the disposition is proper to the Inquest of Prosecution having jurisdiction over the area where the Public Procurator's Office to which the public procurator concerned belongs is situated. However, this shall not apply to the case provided for in item 4 of Art.16 of the Court Organization Law and the case connected with the crimes violating the provisions of the Law concerning the Prohibition of Private Monopoly and the Methods of Preserving Fair Trade.
Article 31.　The application for the examination shall be made in writing and the reason therefor shall be clearly indicated.
Article 32.　When a decision has been rendered by the Inquest as to whether or not the disposition of non-prosecution made by a public procurator was proper, the application for further examination of the same case may not be made.
Chapter VI Proceedings for Examination
Article 33.　The order of examination upon application shall be that of application therefor. However, the chairman may change the order if he considers it especially urgent.
The order of examination ex-officio shall be determined by the chairman.
Article 34.　The chairman shall notify the members of the Inquest of the name, occupation and domicile of suspected person and ask them whether or not there exists any reason for exclusion from discharging his duties.
The member of the Inquest, when he deems there exists any reason for exclusion, shall state to that effect.
The meeting of the Inquest shall, when it deems there exists any reason for exclusion, make a decision of exclusion.
Article 35.　The public procurator shall, when he is requested by the Inquest, present materials necessary for examination or shall be present at the meeting and state his opinion.
Article 36.　The Inquest may inquire of public offices or organizations public or private and request for report on necessary matters.
Article 37.　The Inquest of Prosecution may call the person who made the application for examination or witnessess, and examine them.
The Inquest of Prosecution may, in case a witness does not comply with such call request the Summary Court having jurisdiction over the area where the Inquest in question is located to summon the witness.
The Court shall, when the request mentioned in the preceding paragraph has been made, issue a writ of summons.
To the summon mentioned in the preceding paragraph the Code of Criminal Procedure shall apply mutatis mutandis.
Article 38.　The Inquest of Prosecution may request the presence of the person deemed proper and ask technical advice regarding laws and other matters
Article 39.　Traveling expenses, daily allowances and expenses for lodging shall be paid, as fixed by Cabinet Order, to the witness and the person who was asked to give his advice in accordance with the provisions of the preceding Article. However, the amount of these expenses and allowances shall not be less then those paid to witnessess, in accordance with the provisions of the Law concerning the Costs for Criminal Procedure and the Law for Temporary Measure ralating to the Costs of Action and others.
Article 40.　The Inquest of Prosecution shall, when it has made a decision as a result of examination, make the finding in writing with reasons attached, send their copies to the Chief of the District Public Procurator's Office who directs and supervises the public procurator in question and to the Committee for Examination of Qualification of Public Procurators, put up the gist of findings on the bulletin board of the Secretariat of Inquest concerned during seven days after such decision has been made, and, in addition, in case a person made an application according to the provisions of Article 30, he shall be notified the gist of findings of the case he applied therewith.
Article 41.　The Chief of the District Public Procurator's Office shall, in case a copy of the findings has been sent to him in accordance with the provisions of the preceding Article, take into consideration the findings and shall take proceedings for an indictment, if he deems a public action should be instituted.
Chapter VII Proposal and Advice
Article 42.　The Inquest of Prosecution may, at any time, make proposals and give advice to the Chief of the District Public Procurator's Office regarding the improvement of prosecution affairs.
Chapter VIII Penal Regulations
Article 43.　In the following cases, any member and supplementary member of the Inquest shall be liable to a non-penal fine not higher than 10,000 yen:
1.　If he does not comply with the convocation without good reason;
2.　If he has refused to take oath.
The same shall apply to the case where a witness who has been summoned in accordance with the provisions of Art.37, Par.3. does not comply with the summon without good reason.
Article 44.　If any member of the Inquest has disclosed the proceedings of the meeting, the opinion of each member or the number of opinions, such person is liable to a fine not exceeding 10,000 yen.
If the matters mentioned in the preceding paragraph appear in the newspaper and other publications, editor and publisher in the case of newspaper and writer and publisher in the case of other publications shall be liable to a fine not exceeding 20,000 yen.
Article 45.　Any person who has solicited any member of the Inquest to misuse or abuse his position regarding the duties provided for in Art.2, Par.1, Item (1) shall be liable to penal servitude for a period not more than one year or a fine not exceeding 20,000 yen.
Chapter IX Supplementary Rules
Article 46.　The expenses for the Inquest of Prosecution shall be appropriated as part of the expenses for Courts in the national budget.
Article 47.　In the case of the city prescribed in Art.155, Par.2 of the Local Autonomy Law, the provisions regarding the city in this Law shall apply to the ward (Ku).
Article 48.　Provisions necessary for the enforcement of this Law shall be provided for by Cabinet Order.
Supplementary Provisions:
This Law shall come into force as from the day of its promulgation.
The first selection of members and supplementary members of the Inquest after this Law comes into effect shall be conducted on the 31st of January 1949. In the above case. the number of members and supplementary members of the Inquest shall be respectively 11, and the term of office of 6 cut of each 11 members or supplementary members shall be three months and that of 5 shall be six months, as fixed by lot on the occasion of the selection of members and supplementary members of the Inquest in question.
In Article 4 of the Law concerning the Total Number of Court Officials (Law No.64 of 1947),
"full time service 697 persons　2nd class
full time service 4071 persons　3rd class"
shall read
"full time service 759 persons　2nd class
full time service 4609 persons　3rd class".
Prime Minister　ASHIDA Hitoshi