Code of Criminal Procedure

The defense counsel must appropriately keep safe custody of the copies of evidence (copies and materials which accurately record all or part of the evidence), which the public prosecutor has given the opportunity to inspect or copy for the preparation of the trial, and may not entrust custody to others without reason.

The defendant or the defense counsel (including the defense counsel provided for in Article 440) or those who were formerly in such position must not deliver, present or send by telecommunication lines to others copies and other materials of the evidence which the public prosecutor has given the opportunity to inspect or copy for the preparation of the proceedings of a case charged to the court, unless for the intention of use in the following procedures or for the preparation thereof:

proceedings of said case charged to the court or other proceedings for a trial related to said case charged to the court;

the following procedures related to said case charged to the court:

procedures for the compensation of expenses provided in Book I, Chapter XVI;

procedures for the request of Article 349, paragraph (1);

procedures for the request of Article 350;

procedures for request for recovery of the right of appeal;

procedures for request for a retrial;

procedures for an extraordinary appeal to the court of last resort;

procedures for the petition in Article 500, paragraph (1);

procedures for the filing of the objection in Article 502;

procedures for the request for compensation under the Criminal Compensation Act.

When taking measures for violation of the provisions in the preceding paragraph, the court is to consider the contents of the copies and other materials, the intent and mode of the violation, whether or not the reputation of the related persons has been damaged, if the privacy or the affairs of the related persons have been violated, whether or not the evidence relating to the copies and other materials has been examined on the trial date, the method of examination and any other related particulars taking into account the right to defense of the defendant.

A defendant or a person who was formerly a defendant, who delivers, presents or sends by telecommunication lines to others copies of evidence pertaining to evidence which the public prosecutor has given the opportunity to inspect or copy for the preparation of the trial of the case charged, for a purpose other than for use in the procedures prescribed in the items of paragraph (1) of the preceding Article or the preparation thereof, is punished by imprisonment for not more than a year or a fine of not more than 500,000 yen.

The same applies when a defense counsel (including the defense counsel provided for in Article 440, hereinafter the same applies in this paragraph) or a person who was formerly a defense counsel delivers, presents or sends by telecommunication lines to others for the purpose of obtaining property profits or other profits as consideration, copies and other materials of the evidence which the public prosecutor has given the opportunity to inspect or copy.

The court must, insofar as possible, hold a trial on successive days in cases which require two or more days for the proceedings.

Persons concerned in the case must observe the trial dates strictly and must not interfere with the proceedings.

Examinations on a trial date are to be conducted in open court.

The open court is to be convened in the assembled presence of judges, court clerks and public prosecutors.

When the defendant is a corporation, it may have a representative appear at the trial.

The defendant is not required to appear on the trial date in cases which are punishable with a fine of no more than 500,000 yen (50,000 yen for the time being in cases other than violation of the Penal Code, the Act on Punishment of Physical Violence and Others and the Act on Penal Provisions related to Economic Activities) or with a petty fine; provided however, that the defendant may have a representative appear on the trial date.

The defendant in a case in which penal detention is applicable must appear on the trial date when judgment is to be pronounced. In other cases, the court may permit the defendant not to appear on the trial date when the court deems that the attendance of the defendant is not important for the protection of the rights of the defendant.

The defendant in a case punishable by imprisonment whose maximum term is three years or less, or a fine exceeding 500,000 yen (50,000 yen for the time being for crimes 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), must appear on the trial date when the proceedings prescribed in Article 291 are conducted and when judgment is pronounced. In other cases, the second sentence of the preceding paragraph is followed.

A trial may not, except in the cases prescribed in the preceding three Articles, be convened when the defendant does not appear on the trial date.

When the court cannot be convened without the appearance of the defendant, and the defendant, who is under detention has been summoned for the trial date but refuses to appear without a justifiable reason, and it is extremely difficult for the officials of the penal institution to bring the defendant to the court, the court may conduct the proceedings of the trial on that date without the appearance of the defendant.

When the court conducts proceedings on a trial date, in any of the following cases, if, taking into consideration the status of the proceedings, the number of defense counsel, the gravity of the case and other circumstances, there are unavoidable grounds, there is no risk of substantially harming the defense of the defendant, and the court finds it appropriate, the court may, after hearing the opinions of the public prosecutor and the defendant or the defense counsel, have the defendant be present at a place that it finds suitable among places located elsewhere than in the same premises (meaning the same premises as the place where the judges and persons concerned in the case are present to conduct the proceedings on the trial date; the same applies hereinafter in this paragraph and Article 316-34, paragraph (5)), such as a place within the premises of another court, and conduct the proceedings by means that allows the recognition of each other's presence and communication through the transmission of images and sound; provided, however, that this does not apply when conducting proceedings on a trial date on which a judgment is to be pronounced where a defendant against whom prosecution has been instituted for a crime punishable by imprisonment or a heavier sentence has been granted bail or suspension of execution of detention.

when it finds that there is a risk that, in the course of the travel accompanying appearance at the same premises, an act will be committed of causing harm to the body of the defendant or of seizing or releasing a defendant who is under physical restraint;

when it finds that it is extremely difficult for the defendant to appear at the same premises due to injury, illness, or mental or physical disability.

When proceedings on a trial date are conducted pursuant to the preceding paragraph, the defendant who is present at the place that the court finds suitable under that paragraph is deemed to have appeared on that trial date.

The defendant must not be restrained during the trial; provided however, that this does not apply when the defendant employs violence or attempts to escape.

Even when the defendant is not restrained, guards may be assigned to guard the defendant.

The defendant may not leave the court without the permission of the presiding judge.

The presiding judge may take appropriate dispositions to ensure the appearance of the defendant at the court and to maintain the order of the court.

Defense counsel may be present at the place where the defendant is present when the court conducts proceedings on a trial date pursuant to Article 286-3, paragraph (1). In this case, defense counsel who is present at that place is deemed to have appeared on that trial date.

When a case is punishable by the death penalty, life imprisonment, or imprisonment whose maximum term exceeds three years, the trial may not be convened without the attendance of defense counsel.

If the court may not be convened without defense counsel, and the defense counsel has not appeared at court or is no longer present in court, or defense counsel has not been appointed, the presiding judge must appoint defense counsel ex officio.

If the court may not be convened without defense counsel, and there is the risk that the defense counsel will not appear at court, the court may appoint defense counsel ex officio.

If the defense counsel does not appear at the trial in the cases prescribed in the items of Article 37, the court may, ex officio, appoint defense counsel for the defendant.

In handling the following cases, if a request is made by the victim or others of that case, the legal representative of the victim, or an attorney who has been entrusted by those persons, and the court finds it appropriate after hearing the opinions of the defendant or the defense counsel, the court may render a ruling to the effect that particulars identifying the victim (meaning the name and address of or other particulars which will identify the victim of that case; the same applies hereinafter) should not be disclosed in an open court:

cases involving the crimes or attempts of the crimes under Article 176, Article 177, Article 179, Article 181 or Article 182 of the Penal Code, Article 225 or Article 226-2, paragraph (3) of the same Code (limited to cases with the purpose of indecency or marriage; hereinafter the same applies in this item), Article 227, paragraph (1) of the same Code (limited to cases with the purpose of being an accessory to a person who commits the crime under Article 225 or Article 226-2, paragraph (3) of the same Code) or paragraph (3) (limited to cases with the purpose of indecency), or Article 241, paragraph (1) or (3) of the same Code; or

cases involving the crimes under Article 60, paragraph (1) of the Child Welfare Act, Article 60, paragraph (2) pertaining to Article 34, paragraph (1), item (ix) of the same Act, Articles 4 through 8 of the Act on Regulation and Punishment of Acts Relating to Child Prostitution and Child Pornography, and the Protection of Children, or Articles 2 through 6 of the Act on the Punishment of Acts of Photographing Sexual Poses, etc. and the Erasure, etc. of Electronic or Magnetic Records of Images of Sexual Poses Recorded on Seized Articles;

in addition to the cases given in the preceding two items, cases where it is deemed, from the mode of the crime, the state of the damage, and other circumstances, that there is the risk that the reputation or the peaceful social life of the victim or others will be seriously harmed through particulars identifying the victim being disclosed in an open court.

The request set forth in the preceding paragraph must be made to the public prosecutor in advance. In this case, the public prosecutor is to notify this to the court together with the prosecutor's opinion.

In addition to the cases prescribed in paragraph (1), in handling a case where the court finds, from the mode of the crime, the state of the damage, and other circumstances, a risk of physical or property harm, threat to or confusion of the victim or victim's relatives through disclosing in an open court particulars identifying the victim, when it finds it appropriate after hearing the opinions of the public prosecutor and the defendant or the defense counsel, it may render a ruling to such effect that particulars identifying the victim not be disclosed in an open court.

Where the court comes to find that it is inappropriate for particulars identifying the victim not to be disclosed in an open court with regard to a case where the ruling set forth in paragraph (1) or the preceding paragraph was rendered, that the case no longer comes under the cases given in paragraph (1), item (i) or item (ii) owing to the applicable penal statute being withdrawn or altered pursuant to the provisions of Article 312 or that the case no longer comes under the cases given in item (iii) of the same paragraph or the cases provided for in the preceding paragraph, it must rule to rescind the ruling set forth in paragraph (1) or the preceding paragraph.