Section 1 Trial Preparation and Trial Proceedings (Articles 271-8 to 281-2)
The law as Act Partially Amending the Code of Criminal Procedure, etc. to Respond to Advances in Information and Communications Technology, etc. (Act No. 39 of 2025) leaves it, with the words it changes marked.
The main text is read a page at a time: a chapter to a page, and a long chapter in runs of articles. The whole main text, and the supplementary provisions and appended tables this amendment changes. Those it leaves untouched are on the page for the text in force.
The court (in the case of items (i) and (iv), including the presiding judge and the judgesmembers of the panel; in the case of items (ii) and (iii), including the judge under Article 66, paragraph (4), and the presiding judge and the judgesmembers of the panel; and in the case of item (v), meaning the judge) may, with regard to a case for which the extract of the charging sheet, etc.a request has been submittedmade pursuant to Article 271-2, paragraph (2)(1), if it finds that, among the particulars identifying an individual stated in the charging sheet, those not stated in the extract of the charging sheet, etc.pertaining to the request are those of a person set forth in paragraph (1), item (i) or item (ii) of that Articleparagraph, and finds it appropriate, take the following measures:
giving notice of the case charged under Article 61, paragraph (1) by a method that does not disclose those particulars identifying an individual;
当該個人特定事項を明らかにしない方法により第六十一条第一項の規定による被告事件の告知をすること。
Article 271-8, paragraph (1), item (ii)Changed
when issuing a subpoena or detention warrant, deliveringproviding at the same time, as the document to be shown to the defendantused in the measures for executing them, an extract of the subpoena stating or recording an outline of the facts of the charges by a method that does not disclose those particulars identifying an individual, or other substitute for the subpoena, or an extract of the detention warrant or other substitute for the detention warrant;
giving, or having given, notice of an outline of the charged facts under Article 76, paragraph (1) by a method that does not disclose those particulars identifying an individual;
giving, or having given, notice of an outline of the charged facts under Article 77, paragraph (3) by a method that does not disclose those particulars identifying an individual;
giving notice of the case charged under Article 280, paragraph (2) by a method that does not disclose those particulars identifying an individual.
当該個人特定事項を明らかにしない方法により第二百八十条第二項の規定による被告事件の告知をすること。
Article 271-8, paragraph (2)Changed
With regard to the application of Article 73, paragraphs (1) and (3) where a substitute for the subpoena has been deliveredprovided pursuant to paragraph (1) the preceding paragraph (limited to the part pertaining to item (ii)), the phrase "saidthe subpoena" in the first sentence of paragraph (1)paragraph (1), items (i) and (ii) of that Article, and the phrase "thea subpoena or detention warrant" in paragraph (3) of that Article, and the phrase "the warrant" in the proviso of that paragraph are deemed to be replaced with "the substitute for the subpoena prescribed in Article 271-8, paragraph (1), item (ii)" are deemed to be replaced with "the substitute for the subpoena prescribed in Article 271-8, paragraph (1), item (ii)", the phrase "matters recorded in the subpoena and the name of the presiding judge or the commissioned judge pertaining to the measure under Article 64, paragraph (2) (limited to the portion pertaining to item (ii))" in paragraph (1), item (ii) of that Article is deemed to be replaced with "matters recorded in the subpoena", and the phrase "an outline of the facts of the charges to the defendant and" in that paragraphparagraph (3) of that Article is deemed to be replaced with "an outline of the facts of the charges to the defendant by a method that does not disclose those particulars identifying an individual stated or recorded in the subpoena that are not stated or recorded in the substitute for the subpoena prescribed in Article 271-8, paragraph (1), item (ii), and".
With regard to the application of Article 73, paragraphs (2) and (3) where a substitute for the detention warrant has been deliveredprovided pursuant to paragraph (1) (limited to the part pertaining to item (ii)), the phrase "said the detention warrant" in paragraph (2), items (i) and (ii) of that Article, and the phrase "thea subpoena or detention warrant" in paragraph (3) of that Article, and the phrase "the are deemed to be replaced with "the substitute for the detention warrant prescribed in Article 271-8, paragraph (1), item (ii)", the phrase "matters recorded in the detention warrant" in and the proviso of that paragraph are deemed to be replaced with "the substitute for the detention warrant prescribed in Article 271-8,name of the presiding judge or the commissioned judge pertaining to the measure under Article 64, paragraph (2) (limited to the portion pertaining to item (ii))" in paragraph (1)(2), item (ii)" of that Article is deemed to be replaced with "matters recorded in the detention warrant", and the phrase "an outline of the facts of the charges to the defendant and" in that paragraphparagraph (3) of that Article is deemed to be replaced with "an outline of the facts of the charges to the defendant by a method that does not disclose those particulars identifying an individual stated or recorded in the detention warrant that are not stated or recorded in the substitute for the detention warrant prescribed in Article 271-8, paragraph (1), item (ii), and".
The presiding judge or a judgemember of the panel may, where a substitute for the detention warrant has been deliveredprovided pursuant to paragraph (1) (limited to the part pertaining to item (ii)) or where a substitute for the detention warrant has been deliveredprovided pursuant to Article 207-2, paragraph (2), if the presiding judge or that judgemember finds that, among the particulars identifying an individual stated or recorded in the detention warrant, those not stated or recorded in those substitutes for the detention warrant (excluding those that are to be notified by a ruling under Article 271-5, paragraph (1) or a judicial decision under Article 207-3, paragraph (1)) are those of a person set forth in Article 271-2, paragraph (1), item (i) or item (ii), and, after hearing the opinions of the public prosecutor and the defense counsel, finds it appropriate, state the case charged, when disclosing the grounds for detention, by a method that does not disclose those particulars identifying an individual.
With regard to the application of Article 98 where a substitute for the detention warrant has been deliveredprovided pursuant to paragraph (1) (limited to the part pertaining to item (ii)) or where a substitute for the detention warrant has been deliveredprovided pursuant to Article 207-2, paragraph (2), the phrase "a transcript of the defendant, the measure set forth in item (i) for the detention warrant" in Article 98, paragraph (1) is deemed to be replaced with "the defendant, the measure set forth in item (i) for the substitute for the detention warrant prescribed in Article 271-8, paragraph (1), item (ii) or the substitute for the detention warrant prescribed in the main clause of Article 207-2, paragraph (2)", in item (i) of that paragraph the phrase "the detention warrant is" is deemed to be replaced with "those substitutes for the detention warrant are" and the phrase "a transcript of it" with "those substitutes for the detention warrant", and the phrase "the matters recorded in the detention warrant and the name of the presiding judge or the commissioned judge pertaining to the measure under Article 64, paragraph (2) (limited to the portion pertaining to item (ii))" in that item is deemed to be replaced with "the matters recorded in those substitutes for the detention warrant".
The provisions of the preceding paragraph apply mutatis mutandis to the application of the provisions of Article 98 as applied mutatis mutandis pursuant to Article 167-2, paragraph (2), in the case prescribed in that paragraph, where a substitute for the detention warrant has been deliveredprovided pursuant to paragraph (1) (limited to the part pertaining to item (ii)) or where a substitute for the detention warrant has been deliveredprovided pursuant to Article 207-2, paragraph (2).
The court must, when prosecution has been instituted, inform the defendant without delay that the defendant may appoint defense counsel and that when the defendant is unable to personally appoint defense counsel because of indigence or other reasons, said defendant may request the court to appoint defense counsel for said defendant; provided however, that this does not apply when the defendant already has defense counsel.
The court must, when notifying the defendant that said defendant may request the appointment of defense counsel pursuant to the preceding paragraph, inform the defendant that said defendant must submit a report on personal financial resources, and if the defendant's financial resources are equal to or exceed the base amount, the defendant must have first requested a bar association (the bar association to which the request under Article 31-2, paragraph (1) in accordance with Article 36-3, paragraph (1) is to be made) to appoint defense counsel except in cases where a defense counsel is required under this Code.
The defendant must be summoned to the trial dates.
公判期日には、被告人を召喚しなければならない。
Article 273, paragraph (3)
The public prosecutor, defense counsel and assistant in court must be notified of the trial dates.
公判期日は、これを検察官、弁護人及び補佐人に通知しなければならない。
Article 274第二百七十四条
Article 274, paragraph (1)
When the trial dates are notified to a defendant who is within the courthouse grounds, this notification has the same effect as a summons having been served.
The court may change the trial dates, upon the request of the public prosecutor, the defendant or the defense counsel, or ex officio.
裁判所は、検察官、被告人若しくは弁護人の請求により又は職権で、公判期日を変更することができる。
Article 276, paragraph (2)
The court must in advance, hear the opinion of the public prosecutor, and the defendant or the defense counsel pursuant to the Rules of Court in order to change the trial dates; provided however, that this does not apply in a case requiring urgency.
In the case prescribed in the proviso of the preceding paragraph, the court must give the public prosecutor, and the defendant or the defense counsel an opportunity to raise an objection on the changed trial date.
If a court has changed a trial date in abuse of its powers, the persons concerned in the case may request the taking of judicial administrative measures pursuant to the Rules or the Instructions of the Supreme Court.
If a person who has been summoned on a trial date cannot appear on the trial date because of illness or other reasons, said person must submit to the court a medical certificate or other materials pursuant to the Rules of Court.
A defendant who has been released on bail or whose execution of detention has been suspended, and who, having received a summons, fails to appear on a trial date without justifiable grounds, is punished by imprisonment for not more than two years.
The court may, when it deems it necessary, have the public prosecutor or defense counsel appear for the trial preparation or trial date and order said person to be present during these proceedings or to be present in court.
The presiding judge may, in a case requiring urgency, give the order set forth in the provisions of the preceding paragraph or may delegate the order to a judge who is a member of a panel.
If the public prosecutor or defense counsel, who is subject to an order pursuant to the provisions of the preceding two paragraphs, disobeys the order without a justifiable reason, the court may punish said person by making a ruling for a non-criminal fine of not more than 100,000 yen and order said person to compensate for the expenses incurred due to disobeying said order.
An immediate appeal against the ruling prescribed in the preceding paragraph may be filed.
前項の決定に対しては、即時抗告をすることができる。
Article 278-3, paragraph (5)
If the court has rendered the ruling set forth in paragraph (3), it must notify the person with the authority to direct and supervise the public prosecutor with regard to such prosecutor and the bar association to which the attorney belongs or the Japan Federation of Bar Associations with regard to the attorney who is acting as defense counsel, and must request that appropriate measures be taken.
The person who has received the request pursuant to the provisions of the preceding paragraph must notify the court of the measures that were taken.
前項の規定による請求を受けた者は、そのとつた処置を裁判所に通知しなければならない。
Article 279第二百七十九条
Article 279, paragraph (1)
The court may, upon the request of the public prosecutor, the defendant or the defense counsel, or ex officio, ask public offices or public or private organizations for reports on particulars necessary for the trial.
From the institution of prosecution to the first trial date, a judge takes charge of the disposition concerning detention.
公訴の提起があつた後第一回の公判期日までは、勾留に関する処分は、裁判官がこれを行う。
Article 280, paragraph (2)
If a suspect who has been arrested pursuant to Article 199 or 210, or has been arrested as an offender caught in the act and has not yet been detained is prosecuted during the time limitations prescribed in Article 204 or 205, the judge must promptly notify the defendant of the facts charged, hear the defendant's statement and, unless issuing a detention warrant, must order release of the defendant immediately.
The judge prescribed in the preceding two paragraphs has the same authority as the court or the presiding judge regarding the proceedings thereof.
前二項の裁判官は、その処分に関し、裁判所又は裁判長と同一の権限を有する。
Article 281第二百八十一条
Article 281, paragraph (1)
Only if the court deems it necessary after considering the particulars prescribed in Article 158 and hearing the opinions of the public prosecutor and the defendant or the defense counsel, the court may examine the witness on a day other than the trial date.
When the defendant is present at the examination of a witness on a day other than the trial date and the court finds that the witness feels pressure and is unable to give sufficient testimony in the presence of the defendant (including cases when the measures provided in Article 157-5, paragraph (1) are taken or the means provided in Article 157-6, paragraph (1) or (2)and cases when means that allows the recognition of each other's presence and communication through the transmission of images and sound is used), the court may have the defendant leave the courtroom during the testimony of the witness, after hearing the opinions of the public prosecutor and the defense counsel, only when the defense counsel is present. In this case, after the witness has testified, the court must notify the defendant of an outline of the testimony and give the defendant an opportunity to examine the witness.
The day a law or an amendment starts to apply. It is often months or years after promulgation, so that people have time to prepare. The Ministry of Justice's English usually says a law "comes into force" or "comes into effect", and sometimes calls the day its "enforcement date". Its "enforcement" more often means the word's other sense, carrying a law out, as in an Order for Enforcement (施行令), the Cabinet Order (政令) that sets out the details for carrying out an Act.
Rules made by the Cabinet to carry out the Constitution and Acts. A Cabinet Order cannot impose duties, restrict rights or set penalties unless an Act delegates that to it.
The Ministry of Justice's English of this passage has a slip, so the English shown is this site's correction of it. The Ministry printed:
The court must, when prosecution has been instituted, inform the accused without delay that the accused may appoint defense counsel and that when the accused is unable to personally appoint defense counsel because of indigence or other reasons, said accused may request the court to appoint defense counsel for said accused; provided however, that this does not apply when the accused already has defense counsel.
Japanese Law Translation, Ministry of Justice
Translates the law as amended by Act No. 63 of 2019 (令和元年法律第六十三号)
The Ministry of Justice's English of this passage has a slip, so the English shown is this site's correction of it. The Ministry printed:
The court must, when notifying the accused that said accused may appoint defense counsel pursuant to the preceding paragraph, inform the accused that said accused must submit a report on personal financial resources, and if the accused's Financial Resources are equal to or exceed the base amount, the accused must have first requested a bar association (the bar association to which the request under Article 31-2, paragraph (1) in accordance with Article 36-3, paragraph (1) is to be made) to appoint defense counsel except in cases where a defense counsel is required under this Code.
Japanese Law Translation, Ministry of Justice
Translates the law as amended by Act No. 63 of 2019 (令和元年法律第六十三号)
The Ministry of Justice's English of this passage has a slip, so the English shown is this site's correction of it. The Ministry printed:
When the trial dates are notified to an accused who is within the courthouse grounds, this notification has the same effect as a summons having been served.
Japanese Law Translation, Ministry of Justice
Translates the law as amended by Act No. 63 of 2019 (令和元年法律第六十三号)
The Ministry of Justice's English of this passage has a slip, so the English shown is this site's correction of it. The Ministry printed:
The court must in advance, hear the opinion of the public prosecutor, and the accused or the defense counsel pursuant to the Rules of Court in order to change the trial dates; provided however, that this does not apply in a case requiring urgency.
Japanese Law Translation, Ministry of Justice
Translates the law as amended by Act No. 63 of 2019 (令和元年法律第六十三号)
The Ministry of Justice's English of this passage has a slip, so the English shown is this site's correction of it. The Ministry printed:
In the case prescribed in the proviso of the preceding paragraph, the court must give the public prosecutor, and the accused or the defense counsel an opportunity to raise an objection on the changed trial date.
Japanese Law Translation, Ministry of Justice
Translates the law as amended by Act No. 63 of 2019 (令和元年法律第六十三号)
The Ministry of Justice's English of this passage has a slip, so the English shown is this site's correction of it. The Ministry printed:
The court may, upon the request of the public prosecutor, the accused or the defense counsel, or ex officio, ask public offices or public or private organizations for reports on particulars necessary for the trial.
Japanese Law Translation, Ministry of Justice
Translates the law as amended by Act No. 63 of 2019 (令和元年法律第六十三号)
The Ministry of Justice's English of this passage has a slip, so the English shown is this site's correction of it. The Ministry printed:
If a suspect who has been arrested pursuant to Article 199 or 210, or has been arrested as an offender caught in the act and has not yet been detained is prosecuted during the time limitations prescribed in Articles 204 or 205, the judge must promptly notify the accused of the facts charged, hear the accused's statement and, unless issuing a detention warrant, must order release of the accused immediately.
Japanese Law Translation, Ministry of Justice
Translates the law as amended by Act No. 63 of 2019 (令和元年法律第六十三号)
The Ministry of Justice's English of this passage has a slip, so the English shown is this site's correction of it. The Ministry printed:
If the court deems it necessary after considering the particulars prescribed in Article 158 and hearing the opinions of the public prosecutor and the accused or the defense counsel, the court may examine the witness on a day other than the trial date.
Japanese Law Translation, Ministry of Justice
Translates the law as amended by Act No. 63 of 2019 (令和元年法律第六十三号)
Machine translation, corrected on review, not official
Corrected by this site — Before
The Ministry of Justice's English of this passage has a slip, so the English shown is this site's correction of it. The Ministry printed:
When a court examines a witness on a day other than the trial date and finds that the witness feels pressure and is unable to give sufficient testimony in the presence of the accused (including cases when the measures provided in Article 157-5, paragraph (1) are taken or the means provided in Article 157-6, paragraph (1) or (2) is used), the court may have the accused leave the courtroom during the testimony of the witness, after hearing the opinions of the public prosecutor and the defense counsel, only when the defense counsel is present. In this case, after the witness has testified, the court must notify the accused of an outline of the testimony and give the accused an opportunity to examine the witness.
Japanese Law Translation, Ministry of Justice
Translates the law as amended by Act No. 63 of 2019 (令和元年法律第六十三号)