Article 1. In accordance with the principle of the Japanese Constitution which guarantees the fundamental human rights, this Law aims at the rapid and easy recovery by the judicial court of the freedom of the person which is illegally restrained.
Article 2. A person whose freedom of action is restrained without the proper legal procedure may apply for its recovery in accordance with the provisions of this Law.
Any person may present the preceding application on behalf of the person who is held under such restraint.
Article 3. The application mentioned in the preceding Article shall be made by an attorney on behalf of the restrained person. However, in cases where there exist extraordinary circumstances, it can be made by the applicant himself.
Article 4. The application provide for in Article 2 may be presented in writing or orally to the High Court or District Court which has the jurisdiction over the district where the restrained, the restrainer or the applicant resides.
Article 5. Such application in writing shall contain the following items specifically, and it shall be offered with necessary materials for presumptive proof:
1. Name of the restrained;
2. Purport of the request;
5. Place of detention known.
Article 6. The Law Court must make decision withhout delay on the request under Article 2.
Article 7. The Court may, in case where the application lacks requisite vindications or necessary presumptive proof dismiss it by a decision.
Article 8. Upon receipt of the application provided for in Article 2, the Court may, by request of the applicant or through its authority, transfer the case to another Court considered to have competent jurisdiction.
Article 9. The Court may, except the cases prescribed in the preceding two Articles, immediately make the necessary inquiry, in order to prepare for investigations at the time of trial, into the reason for the restraint and other matters by conducting a hearing on the statement made by the restrained, the applicant and their attorneys and other interested parties.
The Court may causes the members of the collegiate to make the preliminary inquiry mentioned in the preceding paragraph.
Article 10. In case of necessity, the Court may release, in order to release the restrained person temporarily by its decision either under oath that the restrained shall present himself at any time when summoned or on the conditions deemed proper or may otherwise take appropriate steps prior to conducting the trial provided for in Article 16.
In the case where the restrained person under the preceding Article shall not present himself, he may be arrested.
Article 11. The Court may dismiss the application for such releases without any proceedings for trial, when it has become evident through the preliminary inquiry that there exists no ground justifying the said application.
When the Court makes the decision under the preceding paragraph, it shall rescind the disposal carried out before under Article 10 and, causing the restrained to present himself, hand him to the restrainer.
Article 12. Except in case of Article 7 or Paragraph 1 of the preceding Article, the Court shall designate a certain date and place and summon for trial the applicant or his attorney, the restrained person and the restrainer.
While issuing a habeas corpus warrant to the restrainer to cause the person so restrained to appear at the designated date and place provided for in the preceding paragraph, the Court shall direct him to submit a written answer concerning the date, place of and the reason for such restraint, by the day of trial in the preceding paragraph.
In the warrant mentioned in the preceding paragraph, the fact that if the restrainer does not obey the said warrant, he may be placed under arrest or taken into custody until he obeys the order he shall be liable to a fine not exceeding \500 for each day's delay shall be explicitly stated.
There shall be a period of three days between the forwarding of the said warrant and the day of trial. However, the trial shall he held within one week from the date under which the request under Article 2 was made. This period may be shortened or prolonged, as the case may be.
Article 13. The order mentioned in the preceding Article shall be notified to the Court which has issued the warrant concerning the restraint and to the procurator.
The Judges of the Court and the Procurator mentioned in the preceding paragraph may present themselves on the day of trial.
Article 14. The investigations on the day of trial shall be conducted at an open court attended by the restrained person, the restrainer, the applicant and his attorney.
When there is no such attorney, the Court shall select one from among the qualified lawyers.
The attorneys under the preceding paragraph may request travelling expenses, daily allowances, hotel expenses and compensation.
Article 15. On the day of trial, the Court, upon hearing the statement of the applicant and the reply of the restrainer, shall conduct investigations on materials for presumptive proof.
The restrainer shall prove the reason for the restraint.
Article 16. If the Court, upon investigations, finds such application groundless, it shall dismiss it by decision, and hand over to the restrainer thee person so detained.
In case of the preceding paragraph, the provisions of Article 11, Paragraph 2 shall apply.
In case where then application is based on sufficient ground, the Court shall forthwith release the person under restraint.
Article 17. In the trial provided for in Article 7, Article 11, Paragraph 1, and in the preceding Article the restrainer may saddle the applicant with the entire costs spent in the procedure, or a part thereof.
Article 18. In case where the restrainer refuses to obey the order mentioned in Article 12, Paragraph 2, the Court may arrest him or keep him in custody until he obeys the order, and impose on him a fine not exceeding \500 per each day's delay.
Article 19. The restrainer, if notified by the person under restraint that he requests the benefit of an attorney on his behalf, shall immediately notify the request to the attorney whom he may nominate.
Article 20. The Court which has received the application provided for in Article 2, or the Court to which such application has been forwarded shall immediately notify the Supreme Court of the case and report to it on the progress and results of the steps taken in connection therewith.
Article 21. In regard to the decision made by the Lower Court, an appeal may be made to the Supreme Court within 3 days.
Article 22. The Supreme Court, if it finds such steps necessary, may cause the Lower Court to transfer the pending case, irrespective of the stage of its proceedings, and may directly review it.
The Supreme Court, under the circumstance mentioned in the preceding paragraph, may nullify or alter the decision or verdict pronounced by the Lower Court.
Article 23. The Supreme Court may decide on necessary rules governing such application, examination, trial and other matters.
Article 24. Judgements which were passed according to other laws and are unfavourable to the retained shall be invalied to the extent they conflict with this Law.
Article 25. Those who have been relieved by this Law shall not be restrained on the same ground without the judgement of the Court.
Article 26. Any one who undertakes to remove or hide the retained or contrives his escape, or who commits an act which may nullify the relief prescribed by this Law, or who deliberately makes incorrect entries in the written answer mentioned in Article 12, Paragraph 2, shall be liable to penal servitude of less than 2 years or a fine not exceeding \50,000.