Section 3. Conclusion of Supervision, etc.
(Measures for reformatory paroles)
Article 43. In case the person who has been released on parole from a reformatory and is under twenty three years of age has violated or is apprehended to violate the conditions which are to be complied with, the DYOPAR Commission concerned may make application, to the court which made the commitment for a ruling of continual detention in a reformatory for a specified period until the person reaches the age of twenty-three. The ruling by such court shall be made after a hearing, as provided in par.3 of Art.11 of the Reformatory Law (Law No.169 of 1948).
2 In case the person who is on parole from a reformatory and is twenty three years of age or more falls under the reasons as mentioned in par.3 of Art.11 of the Reformatory Law, the DYOPAR Commission concerned may meke application, to the court which made the commitment, for a ruling continual detention in a medical reformatory while the person is mentally defective to a remarkable degree until he reaches the age of twenty-six. The ruling by such court shall be made after a hearing, as provided in par.3 of Art.11 of the Reformatory Law.
(Revocation of Prison Parole)
Article 44. The revocation of parole from a prison shall be effected by means of a ruling, by the DYOPAR or DAOPAR Commission which is in charge of the Supervision on the person concerned.
2 When violation of the conditions, which were to be complied with, is the basis on which the ruling of revocation of parole is rendered, such ruling of revocation shall be rendered after a hearing.
3 The provisions of the Code of Criminal Procedure (Law No.131 of 1948) relating to the commitment to a prison shall apply to the recommitment of a person for whom the parole has been revoked.
(Suspension of parole (declaration of parole violation))
Article 45. In case there is some sufficient reasons to believe that a parolee from a prison has violated the conditions which were to be compiled with by him, the DYOPAR or DAOPAR Commission in charge of his Supervision may render a ruling to suspend the parole (declaration of violation).
2 When a DYOPAR or DAOPAR Commission has rendered a ruling to suspend the parole under the provision of the preceding paragraph, it may, for the sake of a hearing, cause the arrest of the person upon a warrant of arrest (inchijo), issued by a judge in advance.
3 The warrant of arrest mentioned in the preceding paragraph shall be issued upon request of the DYOPAR or DAUPAR Commission.
4 The warrant of arrest mentioned in par.2 may be served either by a judicial police official or by a supervision officer, who in such case shall have the authority of a judicial police official.
5 When the arrest (inchi) has been done under the provisions of the preceding paragraph, the DYOPAR or DAOPAR Commission concerned shall conduct a hearing without delay and shall, within ten days after such arrest, render a ruling to or not to revoke the disposition of parole.
6 The person who has been arrested under the provision of par.2 may be held in a prison or other proper institution within the term specified in the preceding paragraph. However, the DYOPAR or DAOPAR Commission concerned shall immediately release him when it believes there is no need to detain him, even during the term mentioned in the preceding paragraph.
7 When the DYUPAR or DAOPAR Commission has rendered a ruling to or not to revoke the parole or when the term specified in par.5 has passed after arrest, tue disposition of suspension of parole becomes null and void from that time on.
8 In case a revocation of parole is rendered to the person who was arrested under a ruling of suspension of parole (under a declaration of parole violation);the time between the alleged violation and the violator's arrest shall not be construed as time served on his sentence.
9 The days during which the arrested person has been held under the provision of par.6 shall be counted as a part of time served.
10 The provisions of Arts.200,201 and par.1 of Art.203 of the Code of Criminal Procedure shall apply mutatis mutandis to the warrant of arrest mentioned in par.2 (inchijo), in so far as such application does not run counter to the nature of the said arrest.
(Violation of suspending execution)
Article 46. In case it is deemed advisable that the pronouncement suspending execution of sentence is to be rescinded, against the person who has been placed under Supervision under such pronouncement, the DYOPAR Commission shall notify it to the procurator of the District Procurators'Office which has the jurisdiction over the area where the person is or stayed last.
(Permission of discharge from reformatory)
Article 47. A DYOPAR or DAOPAR Commission shall render a ruling to grant regular discharge from a reformatory when it deems it proper in view of the merits achieved while in custody in regard to an inmate and of the merits achieved while on parole in regard to a parson who has been released. This ruling shall be rendered upon the receipt of an application for such regular discharge from the superintendent it of the reformatory in regard to the person in custody, and at any time in regard to the person who has been released on parole.
2 A certificate shall be delivered to the person who has been granted a regular discharge under the provisions of the preceding paragraph.
(Expiration of indefinite terminal sentence)
Article 48. In case the minimum period of the penalty, which was sentenced to a person under the provisions of pars.1 and 2 of Art.52 of the Juvenile Law has passed while the person is on parole, the execution of his sentence may be considered, despite of the provisions of par.2 of Art.59 of the said Law, to have been completed, by means of a ruling rendered by the competent DYOPAR or DAOPAR Commission which deems it proper in view of his merits achieved while under Supervision. This shall apply in case where the said minimum period has passed before his release.
2 In case an application is made about a prisoner, after the minimum period of the penalty which was sentenced to him under the provisions of pars.1 and 2 of Art.52 of the Juvenile Law has passed, from the warden of the prison to the purport that the execution of his penalty must be completed, the completed DYOPAR or DAOPAR Commission shall render a ruling to complete the execution of his sentence, if it deems it reasonable.
3 When the DYOPAR or DAOPAR Commission has rendered the ruling under the provisions of the preceding paragraph, the Commission shall notify it in written instrument to the warden who made the application.
4 As for the person to whom a ruling for the discharge was rendered under the provisions of par.2, the term of sentence shall be regarded as having expired on the day when the written instrument mentioned in the preceding paragraph reached the prison.
5 When the DYOPAR or DAOPAR Commission has rendered a ruling to complete the execution of sentence under the provisions of par.1 or 3, it shall deliver a certificate of it to the person himself.