(Purpose)
Article 1. The purpose of this Law is to make provisions as to the review of criminal judgment, etc. under the provisions of paragraph (b) of Article 17 of the Treaty of Peace with Japan (hereinafter referred to as "the Peace Treaty" ).
(Definitions)
Article 2. In this Law, "the Allied Powers" means the Allied Powers as provided for in Article 25 of the Peace Treaty.
2 In this Law, "nationals of the Allied Powers" means the following:
(1) Individual persons who have nationalities of the Allied Powers;
(2) Corporations established under the laws and orders of any of the Allied Powers;
(3) Besides such as prescribed in the preceding item, profitmaking juridical persons whose shares of stocks or share in business (excluding qualifying shares) are all possessed by those mentioned in the preceding two items or this item or other similar organizations;
(4) In addition to those mentioned in item (2), non-profit juridical persons controlled by the persons mentioned in the preceding three items or this item or other similar organizations.
(Request for Reopening of Procedure)
Article 3. If, in cases where a judgment of conviction was pronounced against a national of any of the Allied Powers and such judgment became irrevocable between December 8, 1941 and the day of the coming into force of the Peace Treaty between Japan and the Allied Power concerned, such national was unable to make adequate presentation of his case as defendant in any proceedings during such period, reopening of procedure may be requested against such judgment for his benefit only within one year from the day of the coming into force of the Peace Treaty between Japan and such Allied Power.
(Investigation of Request)
Article 4. On receipt of a request of reopening of procedure under the provisions of the preceding Article, a court shall investigate whether or not the original judgment is affected by the fact that the requesting person was unable to make adequate presentation of his case, and in cases where there is reasonable ground to recognize that the original judgment is affected, it shall render a ruling for commencing reopening of procedure and in the other cases, it shall dismiss the request by means of a ruling.
2 A court shall hear the public procurator and the person who has requested reopening of procedure to render the ruling mentioned in the preceding paragraph.
3 A court may, if necessary for investigation, cause a member of the collegiate court to conduct an investigation of facts or may requisition a judge of a District Court, Family Court or Summary Court to undertake it. In such case, a commissioned judge and a requisitioned judge shall have the same power as a court or a presiding judge.
4 The public procurator and the person who has requested reopening of procedure may request a court to effect such dispositions as seizure, search, evidence by inspection, examination of witness or expert evidence.
5 Immediate complaint may be raised against the ruling mentioned in paragraph 1.
(Adjudication of Reopening of Procedure)
Article 5. The case for which a ruling for commencing reopening of procedure under the provisions of paragraph 1 of the preceding Article has become irrevocable shall be adjudicated in accordance with the facts and criminal laws and ordinances existing at the time of the original judgment.
2 If, in the case mentioned in the preceding paragraph, offences to which a general amnesty has been proclaimed and offences to which it has not been, constitute concurrent offences, penalty shall be determined and pronounced to each of the two groups of offences abovementioned, at the same time when penalty shall be pronounced against those concurrent offences in accordance with the provisions of the preceding paragraph.
3 The penalty pronounced against an offence to which a general amnesty has been proclaimed shall have effect only in respect of the restoration in position or the relief provided for in this Law.
(Application of Code of Criminal Procedure, etc.)
Article 6. In addition to the provisions of this Law, the Code of Criminal Procedure (Law No.131 of 1948) or the Old Code of Criminal Procedure (Law No.75 of 1922) and the Law concerning the Temporary Measures of the Code of Criminal Procedure Pursuant to the Enforcement of the Constitution of Japan (Law No.76 of 1947) shall apply to the reopening of procedure provided for in this Law.
(Liability of State)
Article 7. If, in cases where ground for commencing of the reopening of procedure is recognized as existing in the proceedings for reopening of procedure provided for in this Law, the national of Allied Power concerned has suffered injury by reason of the original judgment, the State shall be liable to restore him in the position in which he was before the original judgment was given or give him just and equitable relief in the circumstances.
2 The request to the State under the provisions of the preceding paragraph shall be made within one year from the day on which the judgment for reopening of procedure has become irrevocable.
3 The procedure for the restoration in position or the relief provided for in paragraph 1 shall be provided for by law separately.