Code of Criminal Procedure

• A judicial police officer (司法警察員) who arrests a suspect, or receives one arrested, must at once tell them the gist of the suspected crime and that they may appoint defense counsel, give them a chance to explain, release them at once if keeping them is not necessary and, if it is, send them to a public prosecutor within 48 hours of the arrest; a prosecutor who makes the arrest must, after the same steps, release them at once if keeping them is not necessary and otherwise, within 48 hours, ask a judge to order detention (勾留) or prosecute. A prosecutor who receives the suspect from the police must release them at once if keeping them is not necessary and otherwise, within 24 hours of receiving them and no later than 72 hours after the arrest, ask for detention or prosecute, and the same limits apply to an arrest in the act and to an urgent arrest. If none is done in time the suspect must be released at once, unless the delay was due to unavoidable circumstances, which the prosecutor must show and a judge must accept as justified before ordering detention.(Art. 203(1), Art. 203(5), Art. 204(1), Art. 204(4), Art. 205(1), Art. 205(2), Art. 205(3), Art. 205(4), Art. 206(1), Art. 206(2), Art. 211(1), Art. 216(1)) (the provisions it rests on)
• A judge orders a suspect's detention (勾留) only where there is reasonable cause to suspect them of the crime and they have no fixed address, there is reasonable cause to suspect that they will destroy evidence, or they have fled or there is reasonable cause to suspect they will flee; for crimes punishable only by a fine of up to 300,000 yen (20,000 yen, for the time being, for crimes outside the Penal Code (刑法) and two other Acts), penal detention (拘留) or a petty fine (科料), only where they have no fixed address. A suspect not prosecuted within 10 days of the request for detention must be released. At the public prosecutor's request a judge may extend that period, where unavoidable, by up to 10 days in all, and by up to 5 days more for insurrection, foreign aggression, crimes concerning foreign relations and riot (Penal Code Part II, Chapters 2 to 4 and 8).(Art. 207(1), Art. 207(5), Art. 60(1), Art. 60(3), Art. 208(1), Art. 208(2), Art. 208-2(1), Penal Code Part 2 Chapter 2, Penal Code Part 2 Chapter 3, Penal Code Part 2 Chapter 4, Penal Code Part 2 Chapter 8) (the provisions it rests on)
• Suspects and defendants (被告人) may appoint defense counsel (弁護人) at any time, and when held in custody may meet counsel with no one else present; before prosecution, investigators may set the date and time, place and length of those meetings where the investigation needs it, but not so as to unduly restrict the preparation of the defense. A defendant who cannot appoint counsel because of poverty or another reason may ask the court to appoint one, and a suspect whose detention has been requested or ordered may ask the judge (裁判官); to ask, they must as a rule file a declaration of their means (資力) — cash, deposits and similar assets — and one whose means reach a standard amount a Cabinet Order sets must first have asked a bar association (弁護士会) to introduce a lawyer. A trial for a crime punishable by death, life imprisonment or imprisonment with a maximum of more than 3 years cannot be held without defense counsel, and anyone who does not understand Japanese must be given an interpreter (通訳人) when made to give a statement.(Art. 30(1), Art. 39(1), Art. 39(3), Art. 36(1), Art. 36-2(1), Art. 36-3(1), Art. 37-2(1), Art. 37-2(2), Art. 37-3(1), Art. 37-3(2), Art. 31-2(1), Art. 289(1), Art. 175(1)) (the provisions it rests on)
• A detained defendant (被告人), or their defense counsel, spouse, lineal relatives or siblings, among others, may ask the court for bail (保釈), which takes effect once the bail money (保証金), set at an amount enough to secure the defendant's appearance, has been paid, and may come with conditions such as a restricted residence; the judge who orders a suspect's detention has no power to grant it. Until a sentence of imprisonment not wholly suspended is pronounced, the court must grant bail except in six cases: the crime is punishable by death, life imprisonment or imprisonment with a minimum of 1 year or more; the defendant has been convicted before of a crime punishable by death, life imprisonment or imprisonment with a maximum of more than 10 years; they habitually committed a crime punishable by imprisonment with a maximum of 3 years or more; there is reasonable cause to suspect they will destroy evidence; there is reasonable cause to suspect they will harm the body or property of, or intimidate, a victim, another person with knowledge needed for the trial, or a relative of either; or their name or address is unknown — and even in those cases it may grant bail where it finds it appropriate. Once such a sentence is pronounced, bail and suspended detention lapse, the six-case rule no longer applies, and the court may grant bail only where continued detention would put the defendant at a markedly high disadvantage, or there is reasonable cause to find that the risk of their fleeing is not high.(Art. 207(1), Art. 88(1), Art. 93(1), Art. 93(2), Art. 93(3), Art. 94(1), Art. 89(1), Art. 90(1), Art. 96(4), Art. 343(1), Art. 344(1), Art. 344(2)) (the provisions it rests on)
• Public prosecutors (検察官) bring prosecutions (公訴), by filing a charge sheet (起訴状), and may decide not to prosecute in light of the offender's character, age and circumstances, the gravity and circumstances of the crime, and what has happened since. For abuse of authority by public officials (Penal Code (刑法) Articles 193 to 196) and crimes under two other Acts, a person who filed a complaint or accusation and objects to a decision not to prosecute may, within 7 days of being notified, ask a district court to send the case to trial; the court's decision to do so counts as a prosecution, and a lawyer the court appoints acts as public prosecutor. At trial the facts must be found on evidence, and the defendant may stay silent throughout; a confession that may not have been made voluntarily — under compulsion, torture or threat, or after unduly long detention — cannot be used, a defendant cannot be convicted where their own confession is the only evidence against them, and written statements and hearsay can take the place of testimony in court only in the cases the Code lists.(Art. 247(1), Art. 256(1), Art. 248(1), Art. 262(1), Art. 262(2), Art. 266(1)(ii), Art. 267(1), Art. 268(1), Art. 268(2), Art. 317(1), Art. 311(1), Art. 319(1), Art. 319(2), Art. 320(1)) (the provisions it rests on)
• Either the public prosecutor or the defendant may appeal. A first-instance judgment of a district court or summary court may be appealed to the court of second instance (控訴) within 14 days, and in a case the defendant appealed, or that was appealed on their behalf, the sentence cannot be made heavier; a high court's judgment may be taken to a final appeal (上告) on grounds such as a breach or misreading of the Constitution or a conflict with Supreme Court precedent. A final conviction may be reopened by a retrial (再審) only in the convicted person's favor, on grounds such as clear new evidence that they should be acquitted or convicted of a lesser crime, and the retrial cannot impose a heavier sentence than the original judgment.(Art. 351(1), Art. 372(1), Art. 373(1), Art. 402(1), Art. 405(1), Art. 435(1), Art. 452(1)) (the provisions it rests on)

• 20 October 2026

  The text on this site

  Act Partially Amending the Code of Criminal Procedure

  刑事訴訟法の一部を改正する法律

  Act No. 67 of 2026The text after this amendment, on e-Gov

• 13 August 2026

  Act Partially Amending the Code of Criminal Procedure

  刑事訴訟法の一部を改正する法律

  Act No. 67 of 2026The text after this amendment, on e-Gov

• 24 July 2026

  Act Partially Amending the Code of Criminal Procedure

  刑事訴訟法の一部を改正する法律

  Act No. 67 of 2026The text after this amendment, on e-Gov

• 24 June 2026

  Act on the Arrangement of Related Acts upon the Enforcement of the Act Partially Amending the Civil Code, etc.

  民法等の一部を改正する法律の施行に伴う関係法律の整備等に関する法律

  Act No. 46 of 2026The text after this amendment, on e-Gov

• 21 May 2026

  Act Partially Amending the Code of Criminal Procedure, etc. to Respond to Advances in Information and Communications Technology, etc.

  情報通信技術の進展等に対応するための刑事訴訟法等の一部を改正する法律

  Act No. 39 of 2025The text after this amendment, on e-Gov

• 21 May 2026

  Act Partially Amending the Code of Civil Procedure, etc.

  民事訴訟法等の一部を改正する法律

  Act No. 48 of 2022The text after this amendment, on e-Gov

• 22 July 2025

  Act on the Implementation of Agreements Between Japan and Other Contracting States Concerning the Facilitation of Reciprocal Access and Cooperation Between the Self-Defense Forces of Japan and the Armed Forces of Other Contracting States

  日本国の自衛隊と我が国以外の締約国の軍隊との間における相互のアクセス及び協力の円滑化に関する日本国と我が国以外の締約国との間の協定の実施に関する法律

  Act No. 26 of 2025The text after this amendment, on e-Gov

• 12 June 2025

  Act Partially Amending the Code of Criminal Procedure, etc. to Respond to Advances in Information and Communications Technology, etc.

  情報通信技術の進展等に対応するための刑事訴訟法等の一部を改正する法律

  Act No. 39 of 2025The text after this amendment, on e-Gov

• 1 June 2025

  Act Partially Amending the Code of Criminal Procedure, etc.

  刑事訴訟法等の一部を改正する法律

  Act No. 28 of 2023The text after this amendment, on e-Gov

• 1 June 2025

  Act Partially Amending the Penal Code, etc.

  刑法等の一部を改正する法律

  Act No. 67 of 2022The text after this amendment, on e-Gov

All 31 amendments already in force

• No warrant is needed to arrest an offender caught in the act (現行犯人), or someone clearly just after the crime in circumstances the Code lists, such as being chased as the offender; for crimes punishable only by a fine of up to 300,000 yen (20,000 yen, for the time being, for crimes outside the Penal Code (刑法) and two other Acts), penal detention (拘留) or a petty fine (科料), only where the person's name or address is unknown or they may flee. Investigators may also arrest without a warrant where there are sufficient grounds to suspect a crime punishable by death, life imprisonment or imprisonment with a maximum of 3 years or more and the matter is too urgent to obtain one; they must then ask a judge for a warrant at once, and release the suspect if it is not issued.(Art. 212(1), Art. 212(2), Art. 213(1), Art. 217(1), Art. 210(1)) (the provisions it rests on)
• When arresting a suspect, investigators may, where necessary and without a separate warrant, enter a home or other building to search for the suspect, and search, seize and inspect at the scene of the arrest; after an urgent arrest for which no warrant is then issued, anything seized must be returned at once.(Art. 220(1), Art. 220(2), Art. 220(3)) (the provisions it rests on)
• Summary proceedings (略式手続): at a public prosecutor's written request made when prosecuting, a summary court may, before any trial, impose a fine of up to 1 million yen or a petty fine (科料) by a summary order (略式命令), provided the suspect has been told they may have an ordinary trial and has stated that they do not object. The person ordered, or the prosecutor, may ask for a formal trial within 14 days of being notified; otherwise the order has the same effect as a final judgment.(Art. 461(1), Art. 461-2(1), Art. 461-2(2), Art. 462(1), Art. 465(1), Art. 470(1)) (the provisions it rests on)
• Speedy trial procedure (即決裁判手続): with the suspect's consent, and where they have defense counsel only if counsel consents or reserves their opinion, a public prosecutor may ask for it when prosecuting a clear, minor case expected to be proved quickly, but not one punishable by death, life imprisonment or imprisonment with a minimum of 1 year or more. If the defendant pleads guilty the court must, with some exceptions, decide the case in it; any sentence of imprisonment must then be wholly suspended, and the judgment cannot be appealed on the ground that the facts were wrongly found.(Art. 350-16(1), Art. 350-16(2), Art. 350-16(4), Art. 350-22(1), Art. 350-29(1), Art. 403-2(1)) (the provisions it rests on)
• A defendant need not attend the trial in a case punishable only by a fine of up to 500,000 yen (50,000 yen, for the time being, for crimes outside the Penal Code (刑法) and two other Acts) or a petty fine (科料), and may send a representative.(Art. 284(1)) (the provisions it rests on)
• Cooperation agreements (合意): for specified crimes — among them bribery, fraud, embezzlement and forgery, tax, antitrust, securities and other financial crimes, and drug and firearms crimes, but none punishable by death or life imprisonment — a public prosecutor may agree with a suspect or defendant, with their defense counsel's consent, not to prosecute, to drop or change charges, or to ask for a particular sentence, in return for truthful statements or evidence about another person's crime.(Art. 350-2(1), Art. 350-2(2), Art. 350-3(1)) (the provisions it rests on)
• A witness may refuse testimony that could lead to their own prosecution or conviction, or to that of their spouse or a close relative, and doctors, lawyers, religious ministers and some other professions may refuse testimony on others' secrets learned in their work, unless, among other exceptions, the person concerned consents. Where the public prosecutor asks, the court must, unless the questions clearly cannot expose the witness to prosecution or conviction, decide to take the testimony on condition that it and the evidence obtained from it are not used against the witness, except in a case for refusing to testify or perjury in that examination; the witness then cannot refuse testimony that could lead to their own prosecution or conviction.(Art. 146(1), Art. 147(1), Art. 147(1)(i), Art. 149(1), Art. 157-2(1), Art. 157-2(2)) (the provisions it rests on)
• Once the limitation period (時効) has run, a court must end any prosecution of the crime with a judgment barring further prosecution (免訴). The period runs from the end of the criminal act and is set by the heaviest penalty the crime carries: for crimes that caused a death and are punishable at most by imprisonment, 30 years where that is life imprisonment, 20 years where the maximum is 20 years and 10 years otherwise, while Article 250 sets no period at all for a crime that caused a death and is punishable by death; for other crimes, from 25 years for those punishable by death down to 1 year for those punishable only by penal detention (拘留) or a petty fine (科料), and 12 to 20 years for certain sexual crimes, plus the time until the victim turns 18 where they were under 18 when the act ended. It stops running while a prosecution of the case is pending, and while the offender is abroad or hides so that the charge cannot be served.(Art. 250(1), Art. 250(2), Art. 250(3), Art. 250(4), Art. 251(1), Art. 253(1), Art. 254(1), Art. 255(1), Art. 337(1)(iv)) (the provisions it rests on)

• Courts and judges try cases and decide on warrants, detention and bail; public prosecutors (検察官) investigate, bring prosecutions — though for abuse of authority by public officials and crimes under two other Acts a court may, at the request of a person who filed a complaint or accusation, send a case to trial, with a lawyer it appoints acting as prosecutor — and direct the carrying out of judgments; and judicial police officials (司法警察職員), police officers among them, investigate, and carry out under prosecutors' direction warrants to bring in (勾引状) or detain (勾留状) and the court's warrants to search and seize.(Art. 333(1), Art. 199(2), Art. 207(1), Art. 89(1), Art. 191(1), Art. 247(1), Art. 262(1), Art. 266(1)(ii), Art. 268(1), Art. 268(2), Art. 472(1), Art. 189(1), Art. 189(2), Art. 70(1), Art. 108(1)) (the provisions it rests on)
• A witness summoned by the court who fails to appear, or refuses to take the oath or to testify, without good reason may be ordered to pay a non-penal fine (過料) of up to 100,000 yen and the costs caused, and also commits a crime punishable by imprisonment of up to 1 year or a fine of up to 300,000 yen; the court may have a witness who does not answer a summons brought in by force (勾引). Refusing a bodily examination (身体の検査) without good reason can bring a non-penal fine (過料) of up to 100,000 yen, and is a crime punishable by a fine of up to 100,000 yen, penal detention (拘留) or both.(Art. 150(1), Art. 151(1), Art. 160(1), Art. 161(1), Art. 152(1), Art. 137(1), Art. 138(1), Art. 138(2)) (the provisions it rests on)
• A defendant on bail or with detention suspended who, without good reason, fails to appear at a trial date when summoned, fails to report when a set period of suspended detention ends, or stays away from a restricted residence longer than the court allowed, faces imprisonment of up to 2 years; so does one who fails to appear when the public prosecutor orders it after bail or the suspension has been revoked, or has lapsed on a sentence of imprisonment not wholly suspended, and a suspect whose detention is suspended who breaks the corresponding rules. The court may revoke bail and forfeit all or part of the bail money where the defendant fails without good reason to appear when summoned; flees or destroys evidence, or there is reasonable cause to suspect they will; harms or tries to harm, or intimidates, a victim, a witness or a relative of either; fails without good reason to make, or falsely makes, a report the court ordered; or breaks a condition it set — and it must do both where a defendant sentenced to imprisonment not wholly suspended flees.(Art. 278-2(1), Art. 208-3(1), Art. 95-2(1), Art. 95-3(1), Art. 95-3(2), Art. 98-3(1), Art. 343(1), Art. 343-2(1), Art. 343-3(1), Art. 208-4(1), Art. 208-5(1), Art. 95-4(1), Art. 96(1), Art. 96(2), Art. 96(4), Art. 96(5)) (the provisions it rests on)
• After prosecution, a defendant's detention (勾留) lasts 2 months from the day of prosecution and may be renewed a month at a time, by a decision giving specific reasons, where it especially needs to continue — only once, unless the crime is punishable by death, life imprisonment or imprisonment with a minimum of 1 year or more, the defendant committed habitually a crime punishable by a maximum of 3 years or more, there is reasonable cause to suspect they will destroy evidence, or their name or address is unknown; once a sentence of imprisonment not wholly suspended is pronounced, that limit no longer applies. A detained defendant, or their defense counsel, relatives and others concerned, may ask for the grounds of detention to be disclosed in open court, and the court must cancel detention once its grounds or need have ended. A judge's decisions on detention, bail and seizure can be challenged by asking the judge's court, or for a summary court judge the district court, to set them aside or change them.(Art. 60(2), Art. 89(1), Art. 344(1), Art. 82(1), Art. 82(2), Art. 83(1), Art. 87(1), Art. 429(1)(ii)) (the provisions it rests on)
• Where there is reasonable cause to suspect flight or the destruction of evidence, the court, at the public prosecutor's request or on its own, may bar a detained defendant from meeting anyone other than defense counsel or a lawyer asked to become counsel, and may inspect, bar or seize documents and other things passed to them, though it may not bar or seize food; a judge deciding on a suspect's detention has the same power.(Art. 81(1), Art. 39(1), Art. 207(1)) (the provisions it rests on)
• A person who, without good reason, disobeys an order to provide electronic records (電磁的記録提供命令) made by a court or by an investigator on a judge's warrant, or an order not to reveal having received one, faces imprisonment of up to 1 year or a fine of up to 3 million yen, and a company or employer whose representative or staff does so in connection with its business can be fined as well.(Art. 102-2(1), Art. 124-2(1), Art. 124-2(2), Art. 218(1), Art. 218(3), Art. 222-2(1), Art. 222-2(2)) (the provisions it rests on)
• A defendant or former defendant who hands over, shows or sends to anyone copies of evidence the public prosecutor let them inspect or copy to prepare for trial, for a purpose other than the proceedings of their case, faces imprisonment of up to 1 year or a fine of up to 500,000 yen; so does defense counsel, or former counsel, who does so for money or other gain.(Art. 281-4(1), Art. 281-5(1), Art. 281-5(2)) (the provisions it rests on)
• Giving a false statement or forged evidence to investigators in breach of a cooperation agreement (合意) with the public prosecutor is punishable by imprisonment of up to 5 years, which may be reduced or remitted for a confession made before the judgments in both cases become final. Filing a declaration of means (資力申告書) with false figures to mislead the court or a judge brings a non-penal fine (過料) of up to 100,000 yen.(Art. 350-15(1), Art. 350-15(2), Art. 38-4(1)) (the provisions it rests on)
• Once sentenced to imprisonment not wholly suspended, a person may not leave Japan without the court's permission, which it may grant for special circumstances and for a set period, but not to someone holding a detention order (収容令書) or deportation order (退去強制令書), or under supervision measures (監理措置), under the Immigration Control and Refugee Recognition Act (入管法). Where the court sets a return guarantee (帰国等保証金), the permission takes effect only once it is paid, and the court must revoke the permission if the person later receives such an order or is placed under such measures. A defendant who leaves or tries to leave without permission, or does not come back in time without good reason, may be detained, or have bail or the suspension of detention revoked and all or part of the bail money forfeited; and a defendant sentenced to a fine that is not suspended is ordered not to leave Japan without permission where the court finds they may not pay it in full once the judgment is final, unless it issues a detention warrant instead.(Art. 96(4), Art. 342-2(1), Art. 342-4(1), Art. 342-5(1), Art. 342-6(1), Art. 342-7(1), Art. 342-8(1), Art. 342-8(2), Art. 345-2(1)) (the provisions it rests on)
• Judgments are carried out, as a rule, once final and under the direction of a public prosecutor. A death sentence is carried out only on the order of the Minister of Justice (法務大臣), to be given within 6 months of the judgment becoming final, not counting periods such as those taken by a request for a retrial, an extraordinary appeal (非常上告) or an application for pardon (恩赦), and carried out within 5 days of the order.(Art. 471(1), Art. 472(1), Art. 475(1), Art. 475(2), Art. 476(1)) (the provisions it rests on)
• A defendant who is sentenced must bear all or part of the court costs (訴訟費用), unless they are clearly too poor to pay. Where an acquittal becomes final, the State compensates the former defendant for the costs of the trial, though it may refuse costs caused by their own fault.(Art. 181(1), Art. 188-2(1)) (the provisions it rests on)