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Article 445-10第四百四十五条の十
Article 445-10, paragraph (1)
Where a ruling to commence a hearing has been made, if the retrial requester dies, the procedure for the request for a retrial is suspended. In this case, the persons set forth in Article 439, paragraph (1), items (ii) through (iv) may take over that procedure.
A petition for taking over under the second sentence of the preceding paragraph must be filed within one month after the date of death of the retrial requester.
前項後段の規定による受継の申立ては、再審請求者の死亡の日から一月以内にしなければならない。
Article 445-10, paragraph (3)
When a suspension under the provisions of paragraph (1) has occurred, the period for filing an immediate appeal or a kokoku-appeal under Article 433, paragraph (1) ceases to run. In this case, the entire period begins to run anew from the time of the taking over under the second sentence of paragraph (1).
If the petition referred to in paragraph (2) is not filed within the period set forth in that paragraph, the court that made the ruling to commence a hearing must dismiss the request for a retrial by a ruling.
Where, as a result of the hearing, it becomes clear that a request for a retrial has been filed contrary to the form provided in laws and regulations or has been made after loss of the right to request a retrial, the court that made the ruling to commence a hearing must render a ruling to dismiss such request.
Where the court that made the ruling to commence a hearing finds as a result of the hearing that a request for a retrial is groundless, it must render a ruling to dismiss such request.
When a ruling as prescribed in the provisions of the preceding paragraph has been rendered, no person may further request a retrial on the same grounds.
Where the court that made the ruling to commence a hearing finds as a result of the hearing that there are grounds for a request for a retrial, it must render a ruling to commence a retrial.
When a ruling under the provisions of the preceding paragraph has been rendered, a ruling may be rendered to suspend execution of the sentence.
前項の規定による決定をしたときは、決定で刑の執行を停止することができる。
Article 448, paragraph (3)
When the execution of the death penalty has been suspended pursuant to the preceding paragraph, confinement under Article 11, paragraph (2) of the Penal Code may be suspended by a ruling.
When a retrial has been requested against a final and binding judgment which dismissed an appeal and the judgment of first instance which was made final and binding by that judgment, and the court of first instance has rendered a judgment in the retrial, the court of second instance shall dismiss the request for a retrial on a ruling.
When a retrial has been requested against a judgment which dismissed the final appeal against the judgment of first instance or second instance and the judgment in the first instance or second instance was made final and binding by such judgment, and the court of first instance or the court of second instance rendered the judgment of retrial, the court of final appellate instance shall dismiss the request for a retrial on a ruling.
An immediate appeal may be filed against a ruling under Article 444-2, paragraph (2) (limited to the part pertaining to item (i)), Article 446, Article 447, paragraph (1), or paragraph (1) of the preceding Article.
An immediate appeal may be filed against a ruling under Article 444-2, paragraph (2) (limited to the part pertaining to item (ii); the same applies in paragraph (3), item (i)) or Article 448, paragraph (1) only when there are sufficient grounds to find that the ruling should be rescinded.
A kokoku-appeal under Article 433, paragraph (1) against a ruling dismissing the immediate appeal under the preceding paragraph, or against a ruling under Article 448, paragraph (1) as applied mutatis mutandis pursuant to Article 450-5, paragraph (1) rendered by the appellate court before which the immediate appeal under the preceding Article (limited to one against a ruling under Article 446 or Article 447, paragraph (1)) is pending, may be filed only when there are sufficient grounds to find that the ruling should be rescinded.
The government is to publicly announce, without delay, the matters specified in the relevant item when it falls under any of the following items.
政府は、次の各号のいずれかに該当するときは、遅滞なく、当該各号に定める事項を公表するものとする。
Article 450-2, paragraph (3), item (i)
When a ruling under Article 444-2, paragraph (2) or Article 448, paragraph (1) (including cases where applied mutatis mutandis pursuant to Article 450-5, paragraph (1)) (excluding one rendered by the Supreme Court) has been rendered: that fact, whether the public prosecutor has filed an immediate appeal against the ruling or a kokoku-appeal under Article 433, paragraph (1), and the grounds therefor if the public prosecutor has filed such an immediate appeal or kokoku-appeal;
When a ruling dismissing the immediate appeal under paragraph (1) has been rendered: that fact, whether the public prosecutor has filed a kokoku-appeal under Article 433, paragraph (1) against the ruling, and the grounds therefor if the public prosecutor has filed the kokoku-appeal.
The period for filing an immediate appeal against a ruling under Article 447, paragraph (1) or Article 448, paragraph (1) is 14 days, notwithstanding Article 422.
The period for filing a kokoku-appeal under Article 433, paragraph (1) against a ruling of the appellate court pertaining to the immediate appeal under the preceding paragraph is 14 days, notwithstanding paragraph (2) of that Article.
The appellate court before which an immediate appeal against a ruling under Article 444-2, paragraph (2) (excluding the part pertaining to item (iii)) is pending must investigate that immediate appeal.
Notwithstanding Article 43, paragraph (3), the appellate court set forth in the preceding paragraph may not conduct an examination of the facts.
前項の抗告裁判所は、第四十三条第三項の規定にかかわらず、事実の取調べをすることができない。
Article 450-4, paragraph (3)
When the immediate appeal under paragraph (1) has grounds, the appellate court must, notwithstanding Article 426, paragraph (2), rescind the original ruling by ruling and remand the case to the court that received the request for a retrial.
The provisions of the preceding three paragraphs apply mutatis mutandis to the appellate court before which a kokoku-appeal under Article 433, paragraph (1) against an appellate court ruling pertaining to the immediate appeal under paragraph (1) is pending.
The provisions of Article 445, paragraphs (2) and (3), Article 445-2, Article 445-3, Articles 445-7 (excluding paragraph (1)) through 445-9, Article 445-10, paragraph (4) and Articles 446 through 448 apply mutatis mutandis to the appellate court before which an immediate appeal against a ruling under Article 446, Article 447, paragraph (1) or Article 448, paragraph (1) is pending. In this case, the phrase "request for a retrial" in Article 445-8, paragraph (1) is deemed to be replaced with "immediate appeal".
The provisions of Article 445, paragraphs (2) and (3), Article 445-2, paragraphs (1) and (2), Article 445-3, paragraphs (1) through (3), Article 445-10, paragraph (4) and Articles 446 through 448 apply mutatis mutandis to the appellate court before which a kokoku-appeal under Article 433, paragraph (1) against an appellate court ruling pertaining to the immediate appeal under the preceding paragraph is pending.
The court shall try cases for which a ruling to commence a retrial has become final and binding in accordance with its instance, except in the circumstances prescribed in Article 449.
The provisions of the main text of paragraph (1) of Article 314, and item (iv) of paragraph (1) of Article 339 shall not apply to a trial as prescribed in the preceding paragraph when:
In the case set forth in the preceding paragraph, the court may try the case in absence of the defendant; provided, however, that the trial cannot begin in absence of defense counsel.
In the case set forth in paragraph (2), when the retrial requester has not appointed defense counsel, the presiding judge shall appoint defense counsel for the defendant ex officio.
The court cannot render a heavier sentence on retrial than that rendered in the original judgment.
再審においては、原判決の刑より重い刑を言い渡すことはできない。
Article 453第四百五十三条
Article 453, paragraph (1)
When the defendant is acquitted on retrial, such judgment shall be made public in the Official Gazette and newspapers.
再審において無罪の言渡をしたときは、官報及び新聞紙に掲載して、その判決を公示しなければならない。
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Machine translation, corrected on review, not official
English translation
Written for this site with AI
Corrected by this site
The Ministry of Justice's English of this passage has a slip, so the English shown is this site's correction of it. The Ministry printed:
When a retrial has been requested against a final and binding judgment which dismissed an appeal and the judgment of first instance was made final and binding by the court of first instance rendered judgment a retrial, the court of second instance shall dismiss request for a retrial on a ruling.
Japanese Law Translation, Ministry of Justice
Translates the law as amended by Act No. 54 of 2016 (平成二十八年法律第五十四号)
The Ministry of Justice's English of this passage has a slip, so the English shown is this site's correction of it. The Ministry printed:
The court shall try cases for which commencement of a retrial has been determined in accordance with its instance, except in the circumstances prescribed in Article 449.
Japanese Law Translation, Ministry of Justice
Translates the law as amended by Act No. 54 of 2016 (平成二十八年法律第五十四号)