Code of Criminal Procedure

Upon the request of the public prosecutor and based on a summary order, the summary court may impose a fine or petty fine of not more than 1,000,000 yen before the trial, for cases under its jurisdiction. In this case, the summary court can suspend the sentence, order a confiscation, or take other supplementary measures.

The public prosecutor shall, when requesting a summary order, explain to the suspect the matters necessary for him/her to understand the summary proceedings, notify the suspect that he/she may be tried pursuant to regular provisions, and confirm that he/she has no objection to the application of summary proceedings.

The suspect shall, when he/she has no objection to application of summary proceedings, clarify to that effect in a written document or by electronic or magnetic record.

A request for a summary order must be filed in writing at the same time as institution of prosecution.

The document referred to in the preceding paragraph must be accompanied with the document or electronic or magnetic record referred to in paragraph (2) of the preceding Article.

When a public prosecutor files a request for a summary order and there is an agreement under Article 350-2, paragraph (1) on the case with the defendant, the public prosecutor must submit the statement of agreement, etc. to a court together with the request.

After a public prosecutor has submitted the statement of agreement, etc. to a court pursuant to the provisions of the preceding paragraph, if the public prosecutor is notified by the party to the agreement before the court issues a summary order that the party is to pull out of the agreement pursuant to the provisions of Article 350-10, paragraph (2), the public prosecutor must submit to the court the document or electronic or magnetic record referred to in the same paragraph without delay.

When a request is filed under Article 462 with regard to a case, and the court considers that it is impossible or inappropriate to issue a summary order, the court must try the case in accordance with regular provisions.

The preceding paragraph also applies when a public prosecutor fails to follow the procedure provided in Article 461-2 or files a request for a summary order in violation of Article 462, paragraph (2).

When a court tries a case in accordance with regular provisions pursuant to the provisions of the preceding two paragraphs, the court must immediately notify the public prosecutor to that effect.

When a public prosecutor has received the notice under the preceding paragraph, the public prosecutor must promptly submit to the court a transcript of the charging sheet as one to be served on the defendant.

The provisions of the preceding paragraph do not apply where prosecution is instituted by the method under Article 54-2, paragraph (1).

In the cases of paragraph (1) and paragraph (2), the provisions of Article 271 and Article 271-2 apply; in this case, the phrase "has been instituted by the method set forth in Article 54-2, paragraph (1)" in Article 271, paragraph (1), item (i) is deemed to be replaced with "has been instituted by the method set forth in Article 54-2, paragraph (1), and the notice under the provisions of Article 463, paragraph (3) has been given", the phrase "has been instituted by the submission of a charging sheet" in item (ii) of that paragraph is deemed to be replaced with "has been instituted by the submission of a charging sheet, and a transcript of the charging sheet has been submitted under the provisions of Article 463, paragraph (4)", the phrase "the date of institution of prosecution" in paragraph (2) of that Article is deemed to be replaced with "the date on which the notice under the provisions of Article 463, paragraph (3) was given", and the phrase "to the court, upon the institution of prosecution, together with the charging sheet" in Article 271-2, paragraph (2) is deemed to be replaced with "to the court promptly after receiving the notice under the provisions of Article 463, paragraph (3)".

The submission of the extract of the charging sheet, etc. under the provisions of Article 271-2, paragraph (2) as applied with replacement of terms in the preceding paragraph is deemed to have been made upon the institution of prosecution for the purpose of the application of Article 338 (limited to the portion pertaining to item (iv)).

Except for the circumstances set forth in the preceding Article, when the defendant has not been notified of a summary order within four months from the date that the request for said summary order was filed, institution of prosecution shall lose effect retroactively.

In the case referred to in the preceding paragraph, the court shall render a ruling to dismiss prosecution. In cases where a public prosecutor has already been notified of a summary order, the court shall rescind the summary order and rule for a dismissal.

An immediate appeal may be filed against a ruling as prescribed in the preceding paragraph.

A summary order shall show the facts constituting the crime, the laws and regulations applied, the sentence to be imposed, and supplementary measures, and shall also give an indication to the effect that it is possible to request a formal trial within fourteen days from the date that notification of the summary order is given.

The person who receives the summary order or the public prosecutor may, within fourteen days from the date of receiving notification, request a formal trial.

Requests for a formal trial shall be made in writing to the court that rendered the summary order. The court shall, when there is a claim for a formal trial, promptly notify the public prosecutor or the person who received the summary order to that effect.

The request for a formal trial may be withdrawn until the judgment of the first instance is rendered.

The provisions of Article 353, Article 355 through Article 357, Article 359, Article 360, and Article 361 through Article 365 shall apply mutatis mutandis to a request for a formal trial and its withdrawal.

The court shall, when a request for a formal trial violates the forms provided for in laws and regulations, or when a request is made after loss of the right to request, dismiss, on a ruling, said request. An immediate appeal may be filed against this ruling.

The court shall, when a request for a formal trial is deemed to be lawful, try the case in accordance with regular provisions.

In the case set forth in the preceding paragraph, the trial is not to be restricted by the summary order.

When it has been decided under paragraph (2) that the trial is to be conducted in accordance with the ordinary provisions, the public prosecutor may, if the public prosecutor finds it necessary with regard to the particulars identifying an individual of a person set out in Article 271-2, paragraph (1), item (i) or (ii) that are stated in the charging sheet, request the court to take measures to prevent those particulars identifying an individual from becoming known to the defendant.

A request under the preceding paragraph is deemed to be a request under Article 271-2, paragraph (1), and paragraph (2) of that Article applies to it; in this case, the phrase "to the court, upon the institution of prosecution, together with the charging sheet" in that paragraph is deemed to be replaced with "promptly to the court".

The provisions of Article 463, paragraph (7) apply mutatis mutandis to the submission of the extract of the charging sheet, etc. under the provisions of Article 271-2, paragraph (2) as applied with replacement of terms in the preceding paragraph.

When a judgment is made based on a request for a formal trial, the summary order shall cease to be effective.

When a summary order has lost its effect, the detention warrant pertaining to the ruling under Article 345-2 and to the ruling under Article 342-8, paragraph (1) (limited to the portion pertaining to item (i)) as applied mutatis mutandis with replacement of terms pursuant to Article 345-3 loses its effect.

A summary order shall, where the time period for a request for a formal trial has lapsed or where such request is withdrawn, have the same effects as a final and binding judgment. The same applies when a decision dismissing a request for a formal trial becomes final and binding.