Code of Criminal Procedure

The court may, when it finds it appropriate, grant bail ex officio taking into account the extent of the risk that the defendant may flee, or conceal or destroy evidence if the defendant is bailed, as well as the extent of health or economic disadvantages or disadvantages in social life or in terms of preparation for defense to be incurred by the defendant due to continued physical restraint and other circumstances.

When confinement through detention has been unduly long, the court must, upon the request of the person prescribed in Article 88 or ex officio, make a ruling to rescind the detention or grant bail.

The provisions of Article 82, paragraph (3) apply mutatis mutandis to the request prescribed in the preceding paragraph.

The court must, when making a ruling to grant or dismiss bail, hear the opinion of the public prosecutor.

The provisions of the preceding paragraph apply when the court makes a ruling to rescind detention, except when it is so requested by a public prosecutor; provided however, that this does not apply in any case requiring urgency.

The court must, when granting bail, set the amount of the bail bond.

The amount of the bail bond must be set at a sufficient level to ensure the appearance of the defendant, in consideration of the nature and circumstances of the crime, the probative value of the evidence, and the character and the property of the defendant.

When the court grants bail, it may restrict the residence of the defendant and add other appropriate conditions to the bail.

When the court restricts the residence of the defendant pursuant to the provisions of the preceding paragraph, it may, if it finds it necessary, attach a condition that the defendant must not leave the residence beyond the period designated by the court without the permission of the court.

The period referred to in the preceding paragraph is to be designated in consideration of the living circumstances of the defendant and other circumstances.

When the permission under paragraph (4) is given, the period for which the residence referred to in that paragraph may be left must be designated in consideration of the reasons for which leaving the residence is necessary and other circumstances.

The court may, if it finds it necessary, extend the period referred to in the preceding paragraph.

The court may, with regard to a defendant who has received the permission under paragraph (4), when it finds that there is no longer a need to leave the residence referred to in that paragraph until the end of the period designated as the period for which the residence may be left, shorten that period.

A ruling to grant bail may not be executed before payment of the bail bond.

The court may let a person other than the person requesting bail pay the bail bond.

The court may, when it deems it to be appropriate, entrust the defendant under detention to a relative, shelter organization or other person, or restrict the residence of the defendant, and make a ruling to suspend the execution of detention. In this case, the court may attach conditions that it deems appropriate.

When making the ruling referred to in the first sentence of the preceding paragraph, the court may designate a period for the suspension of execution of detention.

When designating the period referred to in the preceding paragraph, the end of the period must be designated by date and time, and the place at which to appear at that date and time must be designated.

The court may, if it finds it necessary, extend the period referred to in paragraph (2). In this case, the provisions of the preceding paragraph apply mutatis mutandis.

The court may, with regard to a defendant for whom suspension of execution of detention has been granted with a designated period, when it finds that there is no longer a need to continue the suspension of execution of detention until the date and time designated as the end of that period, shorten that period. In this case, the provisions of paragraph (3) apply mutatis mutandis.

The provisions of Article 93, paragraphs (4) through (8) apply mutatis mutandis to the case where the residence of the defendant is restricted pursuant to the provisions of the first sentence of paragraph (1).

A defendant for whom suspension of execution of detention has been granted with a designated period and who, without justifiable grounds, fails to appear at the place designated as the place at which to appear, at the date and time designated as the end of that period, is punished by imprisonment for not more than two years.

A defendant for whom bail or suspension of execution of detention has been granted on the condition that the defendant must not leave the restricted residence beyond the designated period without the permission of the court, and who has left the residence pertaining to that condition and, without receiving that permission and without justifiable grounds, fails to return to the residence beyond that period, is punished by imprisonment for not more than two years.

The same applies where the defendant referred to in the preceding paragraph, having received the permission of the court, leaves the residence referred to in that paragraph and, without justifiable grounds, fails to return to the residence beyond the period designated as the period during which the defendant may leave the residence, as in that paragraph.

If the court finds it necessary in order to prevent flight by the defendant or to secure the defendant's appearance on a trial date, it may order a defendant who has received a ruling granting bail or a ruling under the first sentence of Article 95, paragraph (1) to make reports, in accordance with the following items, on such matters of life or status, a change in which affects the determination of whether there are reasonable grounds to suspect that the defendant will flee, as the court specifies, including the defendant's residence, status of employment or school attendance, and family status:

to make a report, at a time designated by the court, on the matter as of that time;

when a change has arisen in the matter, to promptly make a report on the content of the change.

In the case referred to in the preceding paragraph, the court may, if it finds it necessary, order the defendant referred to in that paragraph to make the report under the provisions of that paragraph by appearing at the date, time and place designated by the court.

The court must promptly notify a public prosecutor, respectively, of the fact and the content of a report when a report has been made under the provisions of paragraph (1), and of the fact and the circumstances when no report has been made under the provisions of that paragraph (limited to the portion pertaining to item (i)) or when it has learned that no report was made under the provisions of that paragraph (limited to the portion pertaining to item (ii)).

The court may, upon the request of a public prosecutor or ex officio, make a ruling to rescind the bail or suspension of the execution of detention when any of the following items applies:

the defendant has been summoned but does not appear without a justifiable reason;

the defendant has fled or there is probable cause to suspect that the defendant may flee;

the defendant has concealed or destroyed evidence or there is probable cause to suspect that the defendant may conceal or destroy evidence;

the defendant has harmed or tried to harm the body or property of the victim, any other person who is deemed to have knowledge essential to the trial of the case or the relatives of such persons or has threatened them;

the defendant fails, without justifiable grounds, to make the report under Article 95-4, paragraph (1), or makes a false report;

the defendant has violated the conditions set by the court such as restrictions on the place of residence.

If bail is rescinded pursuant to the preceding paragraph, the court may make a ruling to sequester the whole or part of the bail bond.

The same applies as in the preceding paragraph if a person whose bail has been rescinded, after receiving an order under Article 98-2, fails to appear without justifiable grounds, or flees.

If, after the pronouncement of a judgment imposing a sentence of imprisonment or a heavier sentence (limited to a judgment that does not render a suspended sentence for the whole of the imprisonment; the same applies hereinafter), a defendant who is on bail or whose execution of detention has been suspended flees, the court must, upon the request of a public prosecutor or on its own authority, rescind bail or the suspension of execution of detention by ruling.

If bail is rescinded pursuant to the preceding paragraph, the court must make a ruling to sequester the whole or part of the bail bond.

If a person whose bail has been rescinded, after receiving an order under Article 98-2, fails to appear without justifiable grounds or flees, and that person is one who has received the pronouncement of a judgment imposing a sentence of imprisonment or a heavier sentence, the court must make a ruling to sequester the whole or part of the bail bond; provided, however, that this does not apply when a person whose bail has been rescinded pursuant to paragraph (4) flees.

If a person granted bail, after receiving the pronouncement of a judgment imposing a sentence of imprisonment or a heavier sentence or a judgment imposing penal detention, fails to appear without justifiable grounds after receiving an order under Article 343-2 (including as applied mutatis mutandis pursuant to Article 404 (including as applied mutatis mutandis pursuant to Article 414; the same applies in Article 98-17, paragraph (1), items (ii) and (iv))) or flees (excluding a case where the person is on bail and a case where the person flees after bail has been rescinded), the court must, upon the request of a public prosecutor or on its own authority, and if the person is summoned for the execution of a sentence and fails to appear without justifiable grounds, upon the request of a public prosecutor, make a ruling to sequester the whole or part of the bail bond.

With respect to cases where the time limit for filing an appeal has not yet expired and an appeal has not yet been filed, rulings to renew the period of detention, rescind the detention, bail the defendant, suspend the execution of detention, or rescind the bail or the suspension of execution of detention must be made by the original court.

With respect to cases where an appeal has been filed but the case records have not arrived at the appellate court, the court that is to make a ruling in the preceding paragraph is as provided by the Rules of Court.

The provisions of the preceding two paragraphs apply mutatis mutandis to the disclosure of the grounds for detention.