Code of Criminal Procedure

The judge who has been requested for detention pursuant to the provisions of the preceding three Articles has the same authority as a court or a presiding judge regarding the disposition thereof; provided however, that this does not apply to bail.

When informing a suspect whose detention has been requested of the alleged facts of the crime, the judge referred to in the preceding paragraph must notify the suspect that a suspect 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 suspect is entitled to request a judge to appoint a defense counsel; provided, however, that this does not apply if a defense counsel has been appointed for the suspect.

When informing a suspect that the suspect is entitled to appoint a defense counsel pursuant to the provisions of the preceding paragraph, the judge must inform the suspect that the suspect, once detained, 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.

When informing a suspect that the suspect is entitled to appoint a defense counsel pursuant to the provisions of paragraph (2), the judge must inform the suspect that the suspect must submit a report on personal financial resources when making a request for appointment of a defense counsel, and that when the suspect's financial resources are equal to or above the base amount, the suspect must have first requested a bar association (meaning the bar association to which the request under Article 31-2, paragraph (1) is to be made pursuant to the provisions of Article 37-3, paragraph (2)) to appoint the defense counsel.

When a judge receives a request for detention under paragraph (1), the judge must promptly issue a detention warrant; provided, however, that when the judge finds that there are no grounds for detention or when the judge is unable to issue a detention warrant pursuant to the provisions of paragraph (2) of the preceding Article, the judge must immediately order the release of a suspect without issuing a detention warrant.

When a public prosecutor finds it necessary with regard to the particulars identifying an individual of a person set out in Article 201-2, paragraph (1), item (i) or item (ii), the public prosecutor may, at the same time as the request for detention under paragraph (1) of the preceding Article, request a judge to inform the suspect whose detention has been requested of the alleged facts of the crime in a manner that does not disclose those particulars identifying an individual, and to provide, for use in the measure for executing the detention warrant, an extract of the detention warrant not stating or recording those particulars identifying an individual, or other document in lieu of the detention warrant.

When a judge has received a request under the preceding paragraph, the judge is, when informing the suspect whose detention has been requested of the alleged facts of the crime, to do so in a manner that does not disclose the particulars identifying an individual pertaining to the request, and, when issuing a detention warrant pursuant to the provisions of the main clause of paragraph (5) of the preceding Article, is to provide at the same time, for use in the measure for executing the detention warrant, an extract of the detention warrant stating or recording an outline of the alleged facts of the crime in a manner that does not disclose those particulars identifying an individual, or other document in lieu of the detention warrant; provided, however, that this does not apply when it is clear that the person pertaining to the request does not fall under the persons set out in Article 201-2, paragraph (1), item (i) or item (ii).

When a judge has taken the measure under paragraph (2) of the preceding Article and finds that any of the following items applies, the judge must, upon the request of the suspect or defense counsel, make a judicial decision to the effect that all or part of the particulars identifying an individual pertaining to the measure are to be notified to the suspect:

in the case prescribed in (a) or (b) that corresponds to the category of particulars identifying an individual set out in (a) or (b), respectively;

particulars identifying an individual of a victim: where the offense involved in the case pertaining to the measure does not fall under what is prescribed in Article 201-2, paragraph (1), item (i), (a) and (b), and the case pertaining to the measure does not fall under what is set out in (c) of that item;

particulars identifying an individual of a person other than a victim: where the person pertaining to the measure does not fall under the persons set out in Article 201-2, paragraph (1), item (ii);

there is a risk that the measure may cause substantial disadvantage to the defense of the suspect.

When making a judicial decision on the request under the preceding paragraph, the judge must hear the opinion of the public prosecutor.

When a judge has made the judicial decision under paragraph (1) (limited to one to the effect that part of the particulars identifying an individual pertaining to the measure under paragraph (2) of the preceding Article are to be notified to the suspect), the judge is to promptly provide to the public prosecutor, for use in the measure under paragraph (5) (limited to the part pertaining to item (ii)), an extract of the detention warrant stating or recording an outline of the alleged facts of the crime in a manner that does not disclose those particulars identifying an individual (excluding those to be notified by that judicial decision), or other document in lieu of the detention warrant.

The provisions of the main clause of Article 70, paragraph (1) and Article 70, paragraph (2) apply mutatis mutandis to the execution of the judicial decision under paragraph (1).

To execute the judicial decision under paragraph (1), the measure set forth in item (i) or item (ii), respectively, must be taken with respect to the suspect, regarding the detention warrant where that judicial decision has been made with regard to all of the particulars identifying an individual pertaining to the measure under paragraph (2) of the preceding Article, and regarding the document in lieu of the detention warrant under paragraph (3) where that judicial decision has been made with regard to part of those particulars identifying an individual.

where the detention warrant is in writing, showing it, and where the detention warrant is an electronic or magnetic record, pursuant to the Rules of Court, displaying the particulars recorded in the detention warrant and the name of the judge pertaining to the measure taken in place of affixing the name and seal on the detention warrant on the screen of a computer, in a document or on something else and showing them;

where the document in lieu of the detention warrant under paragraph (3) is in writing, showing it, and where the document in lieu of the detention warrant under that paragraph is an electronic or magnetic record, pursuant to the Rules of Court, displaying the particulars recorded in the document in lieu of the detention warrant under that paragraph on the screen of a computer, in a document or on something else and showing them.

When a public prosecutor has not instituted prosecution against a suspect regarding a case in which the suspect was detained pursuant to the provisions of Article 207 within ten days of the request for detention, said prosecutor must immediately release the suspect.

When a judge deems unavoidable circumstances to exist, said judge may extend the time period set forth in the preceding paragraph upon the request of a public prosecutor. The total period of such extensions must not exceed ten days.

A judge may, upon the request of a public prosecutor, further extend the period extended pursuant to the provisions of paragraph (2) of the preceding Article with regard to cases involving crimes provided for in Part II, Chapters II to IV or VIII of the Penal Code. The total time period of such extensions must not exceed five days.

A suspect for whom suspension of execution of detention has been granted with a designated period and who, without justifiable grounds, fails to appear at the place designated as the place at which to appear, at the date and time designated as the end of that period, is punished by imprisonment for not more than two years.

A suspect for whom suspension of execution of detention has been granted on the condition that the suspect must not leave the restricted residence beyond the designated period without the permission of the court, and who has left the residence pertaining to that condition and, without receiving that permission and without justifiable grounds, fails to return to the residence beyond that period, is punished by imprisonment for not more than two years.

The same applies where the suspect referred to in the preceding paragraph, having received the permission of the court, leaves the residence referred to in that paragraph and, without justifiable grounds, fails to return to the residence beyond the period designated as the period during which the suspect may leave the residence, as in that paragraph.

A suspect whose suspension of execution of detention has been rescinded and who has been ordered by a public prosecutor to appear, and who fails, without justifiable grounds, to appear at the designated date, time and place, is punished by imprisonment for not more than two years.

The provisions of Articles 74, 75 and 78 apply mutatis mutandis to an arrest upon an arrest warrant.

When there are sufficient grounds to suspect that the suspect has committed an offense punishable by the death penalty, imprisonment for life, or imprisonment whose maximum term is three years or more, and in addition, because of urgency an arrest warrant from a judge cannot be obtained, public prosecutors, public prosecutor's assistant officers or judicial police officials may arrest the suspect after notifying the suspect of the reasons therefor. In this case, the procedures for obtaining an arrest warrant from a judge must be taken immediately. Where an arrest warrant is not issued, the suspect must be released immediately.

The provisions of Article 200 apply mutatis mutandis to the arrest warrant set forth in the preceding paragraph.

When a suspect has been arrested pursuant to the provisions of the preceding Article, the provisions for cases where the suspect is arrested pursuant to the provisions of Article 199 apply mutatis mutandis.

A person who is caught in the act of committing or is caught having just committed an offense is an offender caught in the act.

Where any person who falls under one of the following items is clearly found to have committed an offense a short time beforehand, said person is deemed as an offender caught in the act:

a person being pursued as the offender;

a person carrying property obtained through a property crime, or carrying a dangerous weapon or other things which are believed to have been used in the commission of a criminal act;

a person with visible traces of the offense on said person's body or clothing;

a person who attempts to run away when challenged.

Any person may arrest an offender caught in the act without an arrest warrant.

When any person other than public prosecutors, public prosecutor's assistant officers or judicial police officials has arrested an offender caught in the act, the arrester must immediately deliver said person to a public prosecutor of a district or local public prosecutor's office or to a judicial police official.

If a judicial police constable has received an offender caught in the act, the judicial police constable must promptly bring said person to a judicial police officer.

If a judicial police constable has received an offender caught in the act, said constable must ascertain the name and residence of the arrester and the reason for the arrest. When it is necessary, said constable may require the arrester to accompany said constable to a public agency.

The provisions with regard to a case where a suspect has been arrested pursuant to the provisions of Article 199 apply mutatis mutandis to a case where an offender caught in the act has been arrested.

The provisions of Articles 213 to 216 apply only when the residence or name of the offender is unknown or when the offender poses a risk of flight with regard to an offender caught in the act punishable with a fine of not more than 300,000 yen (20,000 yen, for the time being for offenses other than those under the Penal Code, the Act on Punishment of Physical Violence and Others and the Act on Penal Provisions related to Economic Activities), penal detention or a petty fine.