Code of Criminal Procedure

Prosecution is filed by a public prosecutor.

Where prosecution is deemed unnecessary owing to the character, age, and environment of the offender, the gravity and circumstances of the offense, and the situation after the offense, prosecution need not be instituted.

Prosecution does not take effect against a person other than the defendant specified by a public prosecutor.

The statute of limitations is completed upon the lapse of the following time periods with regard to crimes causing the death of a person and punishable with imprisonment:

30 years for crimes punishable with imprisonment for life;

20 years for crimes punishable with imprisonment whose maximum term is 20 years;

10 years for crimes other than the crimes provided for in the preceding two items.

The statute of limitations is completed upon the lapse of the following time periods with regard to crimes other than those causing the death of a person and punishable with imprisonment or a greater punishment:

25 years for offenses punishable by the death penalty;

15 years for offenses punishable with imprisonment for life;

10 years for offenses punishable with imprisonment whose maximum term is 15 years or more;

7 years for offenses punishable with imprisonment whose maximum term is less than 15 years;

5 years for offenses punishable with imprisonment whose maximum term is less than 10 years;

3 years for offenses punishable with imprisonment whose maximum term is less than 5 years or with a fine;

1 year for offenses punishable with penal detention or with a petty fine.

Notwithstanding the provisions of the preceding paragraph, the statute of limitations for the crimes set forth in each of the following items is completed upon the lapse of the period prescribed in that item.

Crimes under Article 181 of the Penal Code (limited to cases of causing injury to a person) or Article 241, paragraph (1) of that Code, or crimes under Article 4 of the Act on the Prevention and Disposition of Robbery and Theft (Act No. 9 of 1930) (limited to the part pertaining to crimes under that paragraph): 20 years;

Crimes under Article 177 or Article 179, paragraph (2) of the Penal Code, or attempts of these crimes: 15 years;

Crimes under Article 176 or Article 179, paragraph (1) of the Penal Code, or attempts of these crimes, or crimes under Article 60, paragraph (1) of the Child Welfare Act (limited to those pertaining to causing a person to engage in obscene conduct with oneself as the opponent): 12 years.

Notwithstanding the preceding two paragraphs, for the crimes set forth in the items of the preceding paragraph, if the victim was under 18 years of age at the time the criminal act ceased, the statute of limitations is completed upon the lapse of the period specified in each of those items with the addition of a period equivalent to the period from the time the criminal act ceased until the day on which the victim reaches 18 years of age.

Regarding offenses punishable by concurrent imposition of two or more principal punishments or by the imposition of one of two or more principal punishments, the provisions of the preceding Article apply with reference to the heaviest punishment.

When a punishment is to be increased or reduced pursuant to the Penal Code, the provisions of Article 250 apply with reference to the punishment which has not been increased or reduced.

The statute of limitations runs from the time that the criminal act ceased.

Regarding cases of complicity, the statute of limitations, with respect to all accomplices, runs from the time when the final act ceased.

The statute of limitations ceases to run on the institution of prosecution against the case concerned, and begins to run when a decision notifying jurisdictional incompetence or dismissing the prosecution has become final and binding.

The suspension of the statute of limitations because of the institution of prosecution against one of the accomplices takes effect against the other accomplices. In this case, the suspended period runs from when the decision on the case has become final and binding.

If an offender is outside Japan or said offender is in hiding, making it impossible to validly effect service pursuant to the provisions of Article 271, paragraph (1) or notify the summary order, the statute of limitations is suspended during the period when the offender is outside Japan or is in hiding.

Provisions are laid down in the Rules of Court for the particulars necessary in proving the absence of the offender from Japan or said offender being in hiding, which made the valid service pursuant to the provisions of Article 271, paragraph (1) or notification of the summary order impossible.

Prosecution must be instituted by submitting the charging sheet to the court.

The charging sheet must contain the following particulars:

the name of the defendant and other particulars necessary to specify the defendant;

the charged facts;

the charged offense.

The charged facts must be described with clarified counts. To clarify the counts, the facts constituting the offense must be specified as far as possible by the time, place and method.

The charged offense must be described with applicable penal statutes; provided however, that errors in the enumeration of such statutes do not affect the validity of institution of prosecution as long as there is no fear that they may create any substantial disadvantage to the defense of the defendant.

Several counts and applicable penal statutes may be entered in a subsidiary or alternative way.

No documents or other articles which may cause the judge to be prejudiced are to be attached or referred to in the charging sheet.

The public prosecutor must, simultaneously with the institution of prosecution, submit to the court a transcript of the charging sheet to be served on the defendant; provided, however, that if there are unavoidable circumstances, it suffices to submit it promptly after the institution of prosecution.

The provisions of the preceding paragraph do not apply where institution of prosecution is made by the method set forth in Article 54-2, paragraph (1).

Prosecution may be withdrawn up until the judgment of the first instance is rendered.

Where a public prosecutor considers that the case does not come within the jurisdiction of the court corresponding to the public prosecutor's office, such case must be sent to a public prosecutor of the public prosecutor's office corresponding to the competent court together with the documents and articles of evidence, and electronic or magnetic records.