Code of Criminal Procedure

The appointment of defense counsel by a judge ceases to be effective if the suspect has been released with regard to the case to which the counsel has been appointed; provided however, that this does not apply if such release is due to suspension of the execution of detention.

Where the court finds that any of the following items applies, it may dismiss the defense counsel who was appointed by the court, the presiding judge or a judge:

it is no longer necessary to appoint defense counsel due to the fact that defense counsel has been appointed pursuant to the provisions of Article 30 or based on other reasons;

there is a conflict of interests between the defendant and the defense counsel, and it is inappropriate for the defense counsel to continue with its duties;

the defense counsel is unable to carry out its duties or it has become difficult for the defense counsel to carry out its duties due to a mental or physical disorder or any other reason;

it is inappropriate to have the defense counsel continue with its duties due to the defense counsel substantially contravening its duties;

it is inappropriate to have the defense counsel continue with its duties due to assault or intimidation towards the defense counsel or some other cause imputable to the defendant.

When dismissing the defense counsel, said defense counsel's opinion must be heard in advance.

When dismissing the defense counsel, such dismissal must be conducted so as not to unduly restrict the rights of the defendant.

Prior to the institution of prosecution, the dismissal of the defense counsel appointed by a judge is conducted by a judge. In this case, the provisions of the preceding three paragraphs apply mutatis mutandis.

Any person who has submitted a report on personal financial resources that contains a false statement with regard to Financial Resources for the purpose of causing the court or the judge to reach a mistaken judgment is punished by a non-criminal fine of not more than 100,000 yen.

The defendant or the suspect in custody may, without any official being present, have an interview with, or send to or receive documents or articles from defense counsel or prospective defense counsel upon the request of a person entitled to appoint defense counsel (with regard to a person who is not an attorney, this applies only after the permission prescribed in Article 31, paragraph (2) has been obtained).

With regard to the interview or the sending or receiving of documents or articles prescribed in the preceding paragraph, such measures may be provided by laws and regulations (including the Rules of Court; the same applies hereinafter) as are necessary to prevent the flight of the defendant or the suspect, the concealment or destruction of evidence, or the sending or receiving of articles which may hinder safe custody.

A public prosecutor, public prosecutor's assistant officer or judicial police official ("judicial police official" means both a judicial police officer and a judicial police constable; the same applies hereinafter) may, when it is necessary for investigation, designate the date, place and time of the interview or sending or receiving of documents or articles prescribed in paragraph (1) only prior to the institution of prosecution; provided however, that such designation must not unduly restrict the rights of the suspect to prepare for defense.

A defense counsel may, after the institution of prosecution, inspect and copy documents relating to the trial (including electronic or magnetic records (meaning records made in an electronic form, a magnetic form or any other form that cannot be perceived by human senses and that are used for information processing by computers; the same applies hereinafter); the same applies hereinafter) (including the records of litigation prescribed in Article 2, paragraph (1) of the Act on Final Criminal Case Records (Act No. 64 of 1987) (limited to those after the conclusion of the trial); the same applies hereinafter except in Article 47) and articles of evidence (including those that are electronic or magnetic records; the same applies hereinafter except in Article 99, paragraph (1), Article 119, Article 203, paragraph (1), Article 242, Article 246, Article 258, Article 306 and Article 307) in a court. In this case, when all or part of the documents relating to the trial or the articles of evidence are electronic or magnetic records, the inspection of the electronic or magnetic record is to be by means of inspecting what displays its contents or viewing and listening to what reproduces its contents, and the copying of the electronic or magnetic record is to be by means of duplicating or printing it, or writing or recording what displays or reproduces its contents.

In the case referred to in the preceding paragraph, permission from the presiding judge must be obtained to perform any of the following acts:

copying articles of evidence (excluding those set forth in the following item and item (iii));

in the case where all or part of the documents relating to the trial or the articles of evidence are electronic or magnetic records, copying such electronic or magnetic record by means of duplicating it;

copying documents relating to the trial or articles of evidence (in the case where all or part of the documents relating to the trial or the articles of evidence are electronic or magnetic records, what displays or reproduces the contents of such electronic or magnetic records) by means of recording them as an electronic or magnetic record.

Notwithstanding the provisions of the preceding two paragraphs, the electronic or magnetic record provided in Article 157-6, paragraph (5) may not be copied.

After the institution of prosecution, when documents relating to the trial or articles of evidence are recorded in a file (hereinafter simply referred to as the "file") provided on a computer used by the court (including input/output devices; the same applies hereinafter), a defense counsel may, with permission from the presiding judge, inspect or copy them by electronic or magnetic means (meaning means using an electronic data processing system (meaning an electronic data processing system connecting the computer used by the court and the computer used by the defense counsel via telecommunication lines) or other means utilizing information and communications technology that are specified by the Rules of Court).

The provisions of the second sentence of paragraph (1) of the preceding Article apply mutatis mutandis to inspection or copying under the preceding paragraph, and the provisions of paragraph (3) of that Article apply mutatis mutandis to copying under the preceding paragraph. In this case, the phrase "the preceding two paragraphs" in paragraph (3) of that Article is deemed to be replaced with "paragraph (1) of the following Article and the second sentence of paragraph (1) as applied mutatis mutandis pursuant to paragraph (2) of that Article".

A defense counsel may undertake a procedural action independently only when otherwise provided for in this Code.

The legal representative, curator, spouse, lineal relative or sibling of the defendant may become an authorized assistant at any time.

In order to become an authorized assistant, notification must be given at each instance.

An authorized assistant may undertake a procedural action that the defendant is able to undertake insofar as it is not contrary to the intent expressed by the defendant; provided however, that this does not apply when otherwise provided for in this Code.