Article 1.　In case a decision of "not guilty" in the ordinary procedure, the reopening of procedure or the procedure of extraordinary appeal under the Code of Criminal Procedure (Law No.131 of 1948) has been rendered to the person who was under arrest (Yokuryu) or detention (Kokin) in accordance with the said Code, the Juvenile Law (Law No.168 of 1948) or the Economic Investigation Agency Law (Law No.206 of 1948), he may apply to the State for the indemnity for such arrest or detention.

2　In case a decision of "not guilty" in the procedure of appeal subsequent to the recovery of the right to appeal, in the reopening of procedure or the procedure of extraordinary appeal has been rendered to the person against whom the penalty was already executed in accordance with the original judgement or who was detained under the provisions of Art.11 par.2 of the Penal Code (Law No.45 of 1907), he may apply to the State for the indemnity for the execution of the penalty or the detention (Kochi).

3　Arrest under a writ of commitment prescribed in Arts.484 to 486 inclusive (including the case in Art.505 to which these Articles apply mutatis mutandis) of the Code of Criminal Procedure, detention (Ryuchi) prescribed in Art.481 par.2 (including the case in Art.505 to which this paragraph applies mutatis mutandis) of the said Code, and arrest and detention under a warrent of arrest (Inchi-jo) prescribed in Art.45 of the Offenders Prevention and Rehabilitation Law (Law No.142 of 1949) shall be deemed the execution of the penalty or the detention in regard to the application of the provisions of the preceding paragraph.

Article 2.　In case a person entitled to the application for indemnity in accordance with the provisions of the preceding Article has died without making such application, his successor may make the application for the indemnity.

2　In case a decision of "not guilty" in reopening of procedure or procedure of extraordinary appeal has been rendered to the person who was already dead, the decision of "not guilty" shall be deemed rendered at the time of his death in regard to the application for indemnity.

Article 3.　The whole or a part of the indemnity may, at the sound discretion of the Court, be denied in the following case:

Article 4.　In making indemnity for arrest or detention, the amount of indemnity corresponding to the number of the days of arrest or detention, at the rate not less than 200 yen but not exceeding 400 yen per day shall be granted, except in the cases prescribed in the preceding Article and par.2 of the next Article. The same shall apply to the indemnity for the execution of penal servitude, imprisonment or penal detention, or for detention (Kochi).

2　In determining the amount of indemnity under the preceding paragraph, the Court shall take such factors into consideration as nature of the bodily restraint and length of the term thereof, loss of property of the person in question, loss of benefits which might have been obtained by him, his mental suffering and bodily injuries as well as intention or negligence on the part of the police, prosecution or judicial authorities, and all other circumstances.

3　In making indemnity for the execution of death penalty, the Court shall grant a reasonable amount of indemnity within the limit of 500,000 yen. However, in case the amount of pecuniary loss which has been caused by the death of the subject person is proved, the amount of indemnity shall be within the limit of the above loss plus 500,000 yen.

4　In determining the amount of indemnity under the preceding paragraph, the Court shall take such factors into consideration, in addition to the amount of loss proved under the proviso to to the said paragraph, as the age, health, earning capacity of the subject person and other circumstances.

5　In making indemnity for the imposition of fine or minor fine, the indemnity money equal to the amount of fine or minor fine already collected plus an amount computed at the rate of five per cent per annum thereof for the period from the next day of the collection to the day of the ruling for indemnity shall be granted. In case the execution of detention in a work-house (because of failure to pay fine or minor fine) has been done, the provisions of the first paragraph shall apply with necessary modifications.

6　In making indemnity for confiscation, if the confiscated articles have not been disposed of they shall be returned, and if the confiscated articles have already been disposed of, the indemnity money equal to current price of the articles shall be granted, and as to the forfeit already collected, the indemnity money equivalent to the amount of the forfeit plus an amount computed at the rate of five per cent per annum thereof for the period from the next day of the collection to the day of the ruling for indemnity shall be granted.

Article 5.　This Law shall not preclude any person entitled to indemnity from filing application for compensation for damage in accordance with the provisions of the State Redress Law (Law No.125 of 1949) and other laws.

2　In case the person entitled to indemnity has been compensated for damage on the same cause according to other laws, no indemnity shall be given if such compensation for damage is equal to or exceeds the amount of indemnity to be granted under this Law. If such compensation is less than the amount of indemnity to be granted under the present Law, the amount of indemnity shall be determined by subtracting the amount of the compensation.

3　In case a person entitled to compensation under other law has already been indemnified under this Law for the same cause, the court shall fix the amount of such compensation for damage by subtracting therefrom the amount indemnified.

Article 6.　Application for indemnity shall be made to the Court whcih has rendered a decision of "not guilty" .

Article 7.　Application for indemnity shall be made within three years from the day on which a decision of "not guilty" has become irrevocable.

Article 8.　In case the successor makes application for indemnity, he shall submit some materials sufficient to prove his relationship with the subject person and existence or non-existence of successor in the same rank.

Article 9.　Application for indemnity may be made by proxy.

Article 10.　In case there exist two or more successors in the same rank entitled to indemnity, an application for indemnity made by one of them shall be deemed made for the whole amount on behalf of all of them.

2　In the case under the preceding paragraph, the successor other than the person who has made the application may participate in the procedure as co-applicants.

Article 11.　In case the Court, when receiving an application for indemnity from a successor or successors, becomes aware of the existence of other successors in the same rank, the Court must notify without delay such successors in the same rank to the effect that an application for indemnity has been filed.

Article 12.　In case there exist two or more successors in the same rank entitled to indemnity, one who has applied for indemnity cannot withdraw his application without the consent of the other successors.

Article 13.　In case a person who applied for indemnity has withdrawn his application, he himself cannot apply for the indemnity anew.

Article 14.　On receipt of an application for indemnity, the Court shall, after hearing both the public procurator and the applicant, render a ruling thereon. A copy of the ruling shall be served on the public procurator and the applicant.

Article 15.　In case the procedure to apply for indemnity is in contravention of the forms prescribed in law, order and ordinance and is unable to be corrected, or the applicant does not comply with the order for correction by the Court, or an application for indemnity has been made after the expiration of the period under Art.7, such application shall be rejected.

Article 16.　In case an application for indemnity is well-founded, a ruling for indemnity shall be made, in case it is groundless, it shall be dismissed.

Article 17.　In case there exist two or more successors in the same rank entitled to indemnity, the ruling under the preceding Article rendered for or against one of them shall be deemed rendered for or against all the members in the same rank.

Article 18.　In case the person who applied for indemnity has died or lost the status of being a successor in the course of the procedure and there is no other applicant, the procedure shall be interrupted. In this case, the successor to the person who made the application or successors in the same rank as that of the person who made the application or both may take over the procedure within two months.

2　In regard to those entitled to take over the procedure according to the preceding paragraph and known to the Court, the Court must notify them to the effect that they can take over the procedure within the period under the preceding paragraph.

3　In case no application of taking over the procedure has been filed within the period specified in the first paragraph, the Court shall dismiss the application for indemnity by means of a ruling.

Article 19.　Immediate Kokoku appeal may be lodged by the applicant or any successor in the same rank against the ruling under Art.16. However, if the Court which has rendered such ruling is a High Court, an objection may be filed with the High Court.

2　In case there exists any of the grounds enumerated in items of Art.405 of the Code of Criminal Procedure in regard to the ruling rendered on the immediate Kokoku appeal or objection under the preceding paragraph, a Kokoku appeal may especially be lodged to the Supreme Court.

3　The provisions of Arts.9 to 15 inclusive, Art.17 and the preceding Article shall apply mutatis mutandis to the case under the preceding two paragraphs.

Article 20.　The request for payment of indemnity shall be made to the Court which has rendered the ruling for indemnity.

2　In case there exist two or more persons entitled to receive indemnity, a request for payment of indemnity made by one of them shall be deemed made for the whole amount on behalf of all the persons for whom a ruling to grant indemnity has been rendered.

3　The provisions of Art.11 shall apply mutatis mutandis to the case where the Court has received a request for payment of indemnity.

Article 21.　In case there exist two or more persons entitled to receive indemnity, the payment of indemnity made to one of them shall be deemed made to all of them.

Article 22.　No claim for indemnity shall be assigned or attached. The same shall also apply as to the claim for payment of indemnity.

Article 23.　Except as otherwise provided for in this Law, the provisions of the Code of Criminal Procedure shall apply mutatis mutandis to the ruling, immediate Kokoku appeal and objection under this Law and to the Kokoku appeal under Art.19 par.2. The same shall also apply to the periods.

Article 24.　In case a ruling to grant indemnity has become irrevocable, the Court shall, on motion of the person for whom the ruling has been made, immediately make public on the Official Gazette and not more than three different newspapers the gist of the ruling once or more.

2　The motion under the preceding paragraph shall be made within two months after a ruling to grant indemnity has become irrevocable.

3　In case the public notice under paragraph 1 has been made, the motion under the said paragraph shall not be presented over again.

4　The provisions of the preceding three paragraphs shall apply mutatis mutandis to the case where a ruling dismissing the application for indemnity on the ground prescribed in the former part of par.2 of Art.5 has become irrevocable.

Article 25.　Any person to whom the decision of acquittal or dismissal of public action under the Code of Criminal Procedure has been rendered may apply to the State for indemnity for arrest (Yokuryu) or detention (Kokin), or for the execution of the penalty or the detention (Kochi), only when there are sufficient grounds to believe that the decision of "not guilty" must have been rendered to him if there had been no ground for rendering the decision of acquittal or dismissal of public action.

2　The provisions concerning the indemnity granted to those who have been given the sentence of "not guilty" shall apply mutatis mutandis to the indemnity under the preceding paragraph. The same shall also apply to the public notice of the ruling to grant indemnity.