Code of Criminal Procedure

In the execution of a subpoena, after taking, with respect to the defendant, the measure specified in the relevant item in accordance with the category of cases set forth in the following items, the defendant must be brought to the designated court or the designated place directly and as promptly as possible. With regard to execution of the subpoena prescribed in Article 66, paragraph (4), the defendant must be brought to the judge who issued it.

Where the subpoena is in writing: showing the subpoena;

Where the subpoena is an electronic or magnetic record: showing, as prescribed by the Rules of Court, the 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)), by displaying them on the screen of a computer, on paper or on anything else.

In the execution of a detention warrant, after taking, with respect to the defendant, the measure specified in the relevant item in accordance with the category of cases set forth in the following items, the defendant must be brought to the designated penal institution directly and as promptly as possible.

Where the detention warrant is in writing: showing the detention warrant;

Where the detention warrant is an electronic or magnetic record: showing, as prescribed by the Rules of Court, 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)), by displaying them on the screen of a computer, on paper or on anything else.

When the measures specified in the items of paragraph (1) or the items of the preceding paragraph cannot be taken with respect to a subpoena or detention warrant, and when in cases requiring urgency, the warrant may, notwithstanding the preceding two paragraphs, be executed after giving an outline of the facts of the charges to the defendant and informing the defendant that the warrant has been issued. In this case, the measures specified in the items of paragraph (1) or the items of the preceding paragraph must be taken as promptly as possible.

When escorting the defendant under execution of a subpoena or detention warrant, if it is necessary, the defendant may be detained temporarily at the nearest penal institution.

When bringing the defendant to the court or designated place under execution of a subpoena, if it is necessary, the defendant may be detained at a penal institution.

If the defendant is subpoenaed, the defendant must be immediately notified of an outline of the charged facts, that the defendant is entitled to appoint a defense counsel, and that when unable to personally appoint a defense counsel due to indigence or any other grounds, the defendant is entitled to request the court to appoint a defense counsel; provided, however, that if a defense counsel has been appointed for the defendant, it is sufficient to give the defendant only an outline of the charged facts.

When informing the defendant that the defendant is entitled to appoint a defense counsel pursuant to the provisions of the preceding paragraph, the court must inform the defendant that the defendant may make a request for appointment of a defense counsel specifying an attorney, a legal professional corporation (including a joint corporation of attorneys and registered foreign lawyers; the same applies hereinafter) or a bar association, and of the person to which the request must be made.

A judge of a panel or a court clerk may be commissioned to give notification under paragraph (1) and information under the preceding paragraph.

If a subpoena has been issued pursuant to the provisions of Article 66, paragraph (4), notification under paragraph (1) and information under paragraph (2) must be given by the judge who issued the subpoena; provided, however, that the judge may commission a court clerk to give the notification and information.

If the defendant is to be detained, the defendant must be notified that the defendant is entitled to appoint a defense counsel, and that when unable to personally appoint a defense counsel due to indigence or any other grounds, the defendant is entitled to request the court to appoint a defense counsel; provided, however, that this does not apply if a defense counsel has been appointed for the defendant.

When informing the defendant that the defendant is entitled to appoint a defense counsel pursuant to the provisions of the preceding paragraph, the court must inform the defendant that the defendant may make a request for appointment of a defense counsel specifying an attorney, a legal professional corporation or a bar association, and of the person to which the request must be made.

In the case of the proviso of Article 61, paragraph (1), immediately after detention of the defendant, the defendant must be notified of the matters provided in paragraph (1) and an outline of the charged facts, and also informed of the matters provided in the preceding paragraph; provided, however, that if a defense counsel has been appointed for the defendant, it is sufficient to give the defendant only the outline of the charged facts.

The provisions of paragraph (3) of the preceding Article apply mutatis mutandis to notification under paragraph (1), information under paragraph (2), and notification and information under the preceding paragraph.

The defendant under subpoena or detention may make a request to the court, the penal institution warden or said warden's deputy for appointment of defense counsel, specifying an attorney, legal professional corporation or bar association; provided however, that this does not apply when defense counsel has been appointed for the defendant.

The court, the penal institution warden or said warden's deputy requested by the defendant as prescribed in the preceding paragraph must immediately notify the attorney, legal professional corporation or bar association specified by the defendant of the request. When the defendant has specified two or more attorneys or two or more legal professional corporations or bar associations and made the request as so prescribed in the preceding paragraph, the court, the penal institution warden or said warden's deputy need only notify one of them.

If the defendant has been detained, the defense counsel must be notified immediately. When no defense counsel has been appointed for the defendant, notification must be given to the person who has been specified by the defendant from among the legal representative, curator, spouse, lineal relatives and siblings of the defendant.

The defendant under detention may, subject to relevant laws and regulations, have an interview with, or send to or receive documents or articles from persons other than those prescribed in Article 39, paragraph (1). The same applies to a defendant who is detained at a penal institution through a subpoena.

The court may, when there is probable cause to suspect that the defendant under detention may flee or conceal or destroy evidence, upon the request of a public prosecutor or ex officio, prohibit the defendant from having an interview with persons other than those prescribed in Article 39, paragraph (1), or censor the documents or articles sent or received by the defendant, prohibit the sending or receiving of said documents or articles, or seize said documents or articles; provided however, that the court may not prohibit the sending or receiving of food, nor seize food.

The defendant under detention may request the court to disclose the grounds for detention.

The defense counsel, legal representative, curator, spouse, lineal relative, sibling or other interested party of the defendant under detention may also request the disclosure prescribed in the preceding paragraph.

The requests prescribed in the preceding two paragraphs lose their effect when bail is granted or execution of detention is suspended or rescinded or when the detention warrant becomes ineffective.

Grounds for detention must be disclosed in an open court.

The court is convened in the presence of a judge and a court clerk.

The court may not be convened without the presence of the defendant and the defense counsel of the defendant; provided however, that this does not apply when the defendant cannot personally attend the court because of illness or other unavoidable reasons and has no objection, or when the defendant has no objection to defense counsel not appearing.

The presiding judge must give the grounds for detention in court.

The public prosecutor, the defendant or the defense counsel, and other requesting persons may state their opinions; provided however, that the presiding judge may, when finding it appropriate, order them to submit written opinions in lieu of oral statements.

A judge of a panel may be commissioned to disclose the grounds for detention.

When more than one request prescribed in Article 82 has been made with respect to the same detention, the grounds for detention are disclosed with regard to the first request. The other requests must be dismissed by a ruling after disclosure of the grounds for detention.

When the grounds for or necessity of detention no longer exist, the court must, upon the request of a public prosecutor, the defendant under detention, the defense counsel of the defendant, legal representative, curator, spouse, lineal relative or sibling or ex officio, make a ruling to rescind the detention.

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

The defendant under detention or the defense counsel of the defendant, legal representative, curator, spouse, lineal relative or sibling may request bail.

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

The request for bail must be granted, except when:

the defendant has allegedly committed a crime which is punishable by the death penalty, imprisonment for life, or imprisonment whose minimum term is one year or more;

the defendant was previously found guilty of a crime punishable by the death penalty, imprisonment for life, or imprisonment whose maximum term exceeds ten years;

the defendant allegedly habitually committed a crime punishable by imprisonment whose maximum term was three years or more;

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

there is probable cause to suspect that the defendant may harm the body or property of the victim or any other person who is deemed to have knowledge essential to the trial of the case or the relatives of such persons or may threaten them;

the name or residence of the defendant is unknown.