Code of Criminal Procedure

The provisions of Articles 296, 297, 300 through 302, and 304 through the preceding Article do not apply to cases in which the ruling prescribed in Article 291-2 has been made, and the evidence may be examined by an appropriate method on the trial date.

The court must provide sufficient opportunity for the public prosecutor and the defendant or the defense counsel to challenge the probative value of the evidence.

The public prosecutor, the defendant or the defense counsel may raise objections regarding the examination of evidence.

The public prosecutor, the defendant or the defense counsel may, in addition to the objections prescribed in the preceding paragraph, raise objections to the dispositions of the presiding judge.

The court must make a ruling on the objections raised under the preceding two paragraphs.

Documentary or material evidence must be submitted to the court without delay after the examination of said evidence; provided however, that a transcript may be submitted instead of the original with the permission of the court.

The court clerk must record in the file the particulars written or recorded in the documentary or material evidence for which examination has been completed; provided however, that this does not apply when there are difficult circumstances in recording those particulars in the file.

The defendant may remain silent at all times or may refuse to answer particular questions.

If the defendant makes a statement voluntarily, the presiding judge may ask the defendant any necessary questions at any time.

The associate judge, the public prosecutor, the defense counsel, the codefendant or the defense counsel of said codefendant may, by notifying the presiding judge, also ask questions as prescribed in the preceding paragraph.

The court must, upon the public prosecutor's request, allow the addition, withdrawal or alteration of the counts or applicable penal statutes in the charging sheet so far as this does not modify the identity of the charged facts.

The court may order the public prosecutor to add or alter a count or applicable penal statute when the court deems it appropriate during the course of the proceedings.

The request under paragraph (1) must be made by submitting a document.

At the same time as the request under paragraph (1), the public prosecutor must submit to the court a transcript of the document referred to in the preceding paragraph (hereinafter referred to as the "written request for alteration of counts, etc.") to be served on the defendant; provided, however, that this does not apply where the request is made by the method set forth in Article 54-2, paragraph (1).

In the cases set forth in the following items, the court must serve on the defendant without delay what is specified in the relevant item:

where the request under paragraph (1) is made by the method set forth in Article 54-2, paragraph (1): an electronic or magnetic record recording the particulars to be stated in the written request for alteration of counts, etc. recorded in the file (in the case of the proviso to Article 54-4, a document stating the particulars to be stated in the written request for alteration of counts, etc. recorded on the recording medium referred to in that Article);

where the request under paragraph (1) is made by the submission of a written request for alteration of counts, etc.: a transcript of the written request for alteration of counts, etc.

Notwithstanding the provisions of paragraph (3), in open court where the defendant is present, the request under paragraph (1) may be made orally. In this case, the provisions of paragraph (4) do not apply.

The court must, when it deems the addition or alteration in the count or the applicable penal statute may cause substantial disadvantage to the defense of the defendant, rule to suspend the trial for a period necessary for the defendant to prepare for a sufficient defense, upon the request of the defendant or the defense counsel.

When a public prosecutor deems it necessary with regard to the particulars identifying an individual of a person listed in Article 271-2, paragraph (1), item (i) or (ii) that are stated in the written request for alteration of counts, etc., the public prosecutor may request the court to take measures to prevent those particulars identifying an individual from becoming known to the defendant through the service pursuant to the provisions of paragraph (5) of the preceding Article.

A request under the preceding paragraph must be made by submitting to the court, together with the written request for alteration of counts, etc., as one to be served on the defendant, an extract of the written request for alteration of counts, etc. in which the particulars identifying an individual pertaining to the request are not stated, or other document that substitutes for a transcript of the written request for alteration of counts, etc. (hereinafter referred to as the "extract of the written request for alteration of counts, etc." in this Article).

In the cases set forth in the following items, the court must, notwithstanding paragraph (5) of the preceding Article, serve on the defendant without delay what is specified in the relevant item:

where the request under paragraph (1) is made by the method set forth in Article 54-2, paragraph (1): an electronic or magnetic record recording the particulars to be stated in the extract of the written request for alteration of counts, etc. recorded in the file (in the case of the proviso to Article 54-4, a document stating the particulars to be stated in the extract of the written request for alteration of counts, etc. recorded on the recording medium referred to in that Article);

where the request under paragraph (1) is made by the submission of an extract of the written request for alteration of counts, etc.: the extract of the written request for alteration of counts, etc.

The provisions of Articles 271-3 through 271-8 apply mutatis mutandis where a request under paragraph (1) is made. In this case, the phrase "institution of prosecution" in Article 271-3, paragraph (1) and Article 271-4, paragraph (2) is deemed to be replaced with "the request under Article 312, paragraph (1)", the phrase "charging sheet" in Article 271-3, paragraphs (1) and (2) and Article 271-4, paragraphs (2) and (3) with "written request for alteration of counts, etc.", the phrase "paragraph (1), item (i), (c), (1) or item (ii), (a) of the preceding Article" in Article 271-3, paragraph (3) with "Article 271-2, paragraph (1), item (i), (c), (1) or item (ii), (a)", the phrase "extract of the charging sheet, etc." in that paragraph, paragraph (4) of that Article and Article 271-4, paragraphs (4) and (5) with "extract of the written request for alteration of counts, etc.", the phrase "Article 271-2, paragraph (4)" in Article 271-5, paragraph (1) with "Article 312-2, paragraph (3)", and the phrase "item (i) or item (ii) of that paragraph" in Article 271-6, paragraphs (2) through (6) and Article 271-8, paragraph (1) with "Article 271-2, paragraph (1), item (i) or item (ii)".

The court may, when it deems it appropriate, upon the request of the public prosecutor, the defendant or the defense counsel, or ex officio, rule to separate or consolidate the proceedings, or reopen proceedings which have been concluded.

The court must, when it is necessary to protect the rights of the defendant, rule to separate the proceedings pursuant to the Rules of Court.

The appointment of defense counsel by the court, presiding judge or a judge pursuant to the provisions of this Code remains in force even if the proceedings have been consolidated; provided however, that this does not apply if the court renders a different ruling.

When rendering the ruling set forth under the proviso to the preceding paragraph, the court must first hear the opinions of the public prosecutor and the defendant or the defense counsel.

When the defendant is in a state of insanity, the proceedings must be suspended while the defendant is in such state, after hearing the opinions of the public prosecutor and the defense counsel; provided however, that when the court clearly finds that the defendant is not guilty or should be barred further prosecution, or that the defendant should be exculpated or the prosecution should be dismissed, the court may immediately render these judgments without the appearance of the defendant.

When the defendant is unable to appear at the trial due to illness, the proceedings must, upon hearing the opinions of the public prosecutor and the defense counsel, be ruled to be suspended until it becomes possible for the defendant to appear; provided however, that this does not apply when a representative appears pursuant to the provisions of Articles 284 and 285.

When a witness essential to fact finding cannot appear on the trial date due to illness, the court must suspend the proceedings until it becomes possible for the witness to appear, except when the court deems it appropriate to examine the witness on a day other than the trial date.

Prior to suspending the trial pursuant to the preceding three paragraphs, the court must hear the opinion of a medical doctor.

When one of the judges has been changed after the trial has been convened, the court proceedings must be renewed; provided however, that this does not apply when the court pronounces a judgment.

If the ruling prescribed in Article 291-2 has been rescinded, the proceeding must be renewed; provided however, that this does not apply when there is no objection from the public prosecutor and the defendant or the defense counsel.

The proceedings conducted by a single judge of a district court remain in force, even if the case should have been tried by a panel.