I hereby promulgate the Law for Enforcement of the Code of Criminal Procedure.
Signed:HIROHITO, Seal of the Emperor
This eighteenth day of the twelfth month of the twenty-third year of Showa (December 18, 1948)
Prime Minister YOSHIDA Shigeru
The Law for Enforcement of the Code of Criminal Procedure
Article 1. The term "New Code" in this Law means the Code of Criminal Procedure which was amended by the Law for Amendment of the Code of Criminal Procedure (Law No.131 of 1948), "Old Code" means the Code of criminal Procedure hitherto in force (Law No.75 of 1922, and "Temporary Measures Law" means the Law concerning the Temporary Measures for the Code of Criminal Procedure pursuant to the Enforcement of the Constitution of Japan (Law No.76 of 1947).
Article 2. Those cases against which public action has been instituted before the enforcement of the New Code shall be governed by the Old Code and Temporary Measures Law even after the enforcement of the New Code.
Article 3. Notwithstanding the provisions of the preceding Article, the provisions of Art.53 of the New Code shall apply to the cases mentioned in the preceding Article. However, the perusal of records of the accused case which was concluded before the enforcement of the New Code may not be permitted only for the period of six months after the enforcement of the New Code if, considering the poor condition of preservation of the records, lack of facilities for perusal and other circumstances, it is remarkably difficult to make them available for perusal.
Article 4. Those cases against which public action has not yet been instituted at the time of enforcement of the New Code shall be governed by the New Code. However, this shall not preclude the effect already taken in accordance with the provisions of the Old Code and Temporary Measures Law, prior to the enforcement of the New Code.
In the case of the proviso to the preceding paragraph, the proceedings taken under the Old Code or the Temporary Measures Law shall be deemed to have been taken under the New Code, if there are corresponding provisions in the New Code.
Article 5. If, in regard to the cases mentioned in the preceding Article, the accused states in writing in advance that he does not wish to have defense counsel, the public trial in a Summary Court may be held without such counsel, notwithstanding the provisions of Art.289 of the New Code, for the period of one year after the enforcement of the New Code.
Article 6. In regard to the cases mentioned in Art.4, the legal period which has begun to run before the enforcement of the New Code, and the period to be added thereto according to the distance between the residence of a person who is to conduct acts of procedure or the place where his office is located and the place where a court is located, shall be governed by the Old Code and the Temporary Measures Law even after the enforcement of the New Code.
Article 7. In the cases mentioned in Art.4, any person who has committed an act punishable with a non-penal fine under the Old Code prior to the enforcement of the New Code shall be punished under the Old Code even after the enforcement of the New Code.
Article 8. In regard to the taking of expert evidence ordered by a judge in accordance with the provisions of Art.255 of the Old Code before the enforcement of the New Code, the Old Code shall remain in force even after the enforcement of the New Code.
Article 9. In regard to a case where the disposition not to institute public action was made before the enforcement of the New Code, "within seven days from the day on which the notice mentioned in Art.260 was received" in Art.262, Par.2 of the New Code shall read "within one month from the day when the New Code comes into force."
Article 10. In case where a person concerned in the case demands the delivery of a copy of or extracts from the document of decision or the protocol in which the decision is entered in accordance with the provisions of Art.46 of the New Code, the cost for such demand shall be five yen per sheet of such copy or extracts for the time being. The same shall apply in cases where the demand is made under the provisions of Art.53 of the Old Code in regard to the cases mentioned in Art.2.
The cost mentioned in the preceding paragraph may be paid with revenue stamps.
Article 11. The fees for perusal of the records of trial under the provisions of Art.53, Par.4 of the New Code shall be ten yen each time per case for the time being.
The provisions of Par.2 of the preceding Article shall apply mutatis mutandis to the fees mentioned in the preceding paragraph.
Article 12. To a private action which is pending in court at the time of enforcement of the New Code, the Code of Civil Procedure shall apply. However, this shall not preclude the effect already taken in accordance with the provisions of the Old Code and Temporary Measures Law.
Article 13. Besides the matters prescribed in this Law, necessary matters concerning the disposal of those cases which are pending in court at the time of enforcement of the New Code shall be provided by the Rules of Court.
Article 14. In regard to the application of Art.141-(2) of the Law for the Election of the Members of House of Representatives (Law No.47 of 1929)(including the case where the above provisions are followed in Art.75 of the Law for the Election of the Members of House of Councillors (Law No.11 of 1947) and the cases where they are mutatis mutandis applied in Par.3 of Art.68 of the Local Autonomy Law (Law No.67 of 1947) and Art.46 of the Law concerning the Regulation of Political Contributions and Expenditures (Law No.194 of 1948)), the provisions concerning private action in the Old Code shall remain in force despite the enforcement of the New Code. In this case, if there exist provisions in the New Code which correspond to the provisions of the Old Code referred to in Arts.569 and 595 of the Old Code, such provisions of the New Code shall be regarded as being therein referred to.
Article 15. A part of the Law concerning the Costs of the Criminal Procedure (Law No.68 of 1921) shall be amended as follows:
In Art.1, "and interpreter" shall read "interpreter and translator," and "charges for lodging" (Shishukuryo) shall read "charges for lodging" (Shikuhakuryo) and "Preliminary examination or" shall be deleted, and the following item shall be added to the said Article:
(3) Daily allowances, travelling expenses, charges for lodging and remuneration which are to be paid to defense counsel in accordance with the provisions of Art.38 of the Code of Criminal Procedure.
In Art.2, "examining judge,, requisitioned judge or court" shall read "court or requisitioned judge."
In Par.1 of Art.3 "and interpreter" shall read "interpreter and translator," and examining judge, requisitioned judge or court "shall read" court or requisitioned judge,"and Par.2 of the said Article shall be amended as follows:
The amount of expert evidence fee, interpretation fee, translation fee and advances which are to be compensated to the expert witness, interpreter or translator shall be fixed as a court or a requisitioned judge may consider proper.
In Art.4, "and interpreter" shall read, "interpreter and translator," and "examining judge, requisitioned judge or court" shall read "court or requisitioned judge."
In Art.5, "and the charges for lodging to be paid to the interpreter" shall read "the charges for lodging to be paid to the interpreter and translator," "examining judge, requisitioned judge or court" shall read "court or requisitioned judge."
In Art.6, "and interpreter" shall read "interpreter and translator," and "charges for lodging" (Shishukuryo) shall read "charges for lodging" (Shikuhakuryo), and "in the case of preliminary examination, prior to the conclusion thereof, and in the case of public trial" shall be deleted.
Art.7 shall be amended as follows:
Art.7. The provisions of Art.3 to the preceding Article of this Law shall apply mutatis mutandis to daily allowances, travelling expenses and charges for lodging to be paid to defense counsel in accordance with the provisions of Art.38 of the Code of Criminal Procedure. However, this shall apply only to the cases where the counsel has appeared on the date or has been present at the examination or disposition.
The amount of remuneration to be paid to defense counsel in accordance with Art.38 of the same Code shall be fixed as a court may consider proper.
Article 16. A part of the Law for Temporary Measures relating to the Costs of Action and Others (Law No.2 of 1944) shall be amended as follows:
In Art.3, "(including cases in which this Article is mutatis mutandis applied in Par.1 of Art.7 of the said Law)" shall be added next to "Art.3 of the Law concerning the Costs of Criminal Procedure" and also to "Art.4 of the Law concerning the Costs of Criminal Procedure," and "charges for lodging in Art.12 of the Law concerning the Costs of Civil Procedure and in Art.5 of the Law concerning the Costs of Criminal Procedure" shall read "charges for lodging in Art.12 of the Law concerning the Costs of Civil Procedure and charges for lodging in Art.5 of the Law concerning the Costs of Criminal Procedure (including cases in which this Article is mutatis mutandis applied in Par.1 of Art.7 of the said Law)."
Article 17. The Ordinance (Fulatsu of Ministry of Justice A. No.5 of 1881) which prescribes the constable representing the Police Sergeant in judicial police business and the Ordinance (Futatsu of Justice A. No.7 of 1881) which prescribes costs for receiving a copy of document of decision, etc. shall be hereby abolished.
Supplementary Provision:
The present Law shall come into force as from the day when the Law for Amendment of the Code of Criminal Procedure is enforced (January 1, 1949).