Code of Criminal Procedure

A court that made a ruling under the provisions of Article 345-2 or Article 494-3 may, when it finds it necessary for the procedure prescribed in Article 494-6, paragraph (1), order, by ruling, upon the request of a public prosecutor or ex officio, the person who has received that ruling under the provisions of Article 345-2 or Article 494-3 to appear at the date, time and place that it designates.

When the person who has received the ruling made under the provisions of the preceding paragraph fails, without justifiable grounds, to comply with it, or is likely to fail to comply with it, the court that made that ruling may subpoena the person to the place designated pursuant to the provisions of that paragraph.

The number of days of confinement is credited in full toward the principal sentence, each day being converted into the amount corresponding to the ratio of one day of detention prescribed in Article 18, paragraph (6) of the Penal Code.

When any of the following items applies, the ruling under Article 345-2 or Article 494-3 and the confinement warrant lose their effect:

When the fine has been paid in full;

When the execution of detention in a workhouse has commenced with respect to the fine;

When the number of days of confinement comes to exceed the number of days obtained by dividing the amount of the fine (where the days of pre-sentencing detention have been credited toward or aggregated with the fine, or where part of the fine has been paid, the remainder obtained by deducting from that amount the total amount of the amount credited or aggregated and the amount of the fine paid) by the amount corresponding to the ratio of one day of detention prescribed in Article 18, paragraph (6) of the Penal Code (where a fraction of less than one day arises in that number of days, it is counted as one day);

When the person has ceased to be subject to the execution of the fine.

All the days of pre-sentencing detention during the period for filing an appeal, except the days in pre-sentencing detention after an appeal has been filed, shall be included as time served toward the sentence.

The days in pre-sentencing detention after the filing of an appeal shall be included as time served toward the sentence when:

A public prosecutor filed the appeal; or

A person who was not the public prosecutor filed an appeal and the original judgment was reversed in the appellate instance.

With regard to the inclusion set forth in the preceding two paragraphs, one day in pre-sentencing detention shall be calculated as either one day of imprisonment or as 4,000 yen.

Pre-sentencing detention after the appellate court has reversed the original judgment shall be included in time served, in the same manner as the days in pre-sentencing detention pending appeal.

Confiscated articles must be dealt with by the public prosecutor.

In cases where a person who has the right to a confiscated article files a request for delivery of said article within three months of confiscation being executed, except for those articles which are to be destroyed or abandoned, the public prosecutor shall deliver said article.

In cases where the request set forth in the preceding paragraph is made after the confiscated article has been disposed, the public prosecutor shall deliver the proceeds obtained in the public auctioning of said article.

When a counterfeit or altered article is returned, the counterfeit or altered portion thereof shall be indicated thereon.

When a counterfeit or altered article is not seized, it shall be submitted and shall be subject to the procedures set forth in the preceding paragraph; provided, however, that, when said article belongs to a public agency, said public agency shall be notified of the portion of said article which is counterfeit or altered, and said public agency shall take appropriate measures.

When a recording medium pertaining to an electronic or magnetic record that has been unlawfully created or confiscated is returned or delivered, the electronic or magnetic record must be deleted, or disposed of so as not to be unlawfully used.

Copying of an electronic or magnetic record that has been unlawfully created must not be allowed.

When a recording medium pertaining to an electronic or magnetic record that has been unlawfully created belongs to a public office and is not seized, the public office must be notified of the part unlawfully created and appropriately dispose of that part.

If it is unable to return a seized article as the whereabouts of the person who is to receive the seized article returned is unknown or on any other grounds, a public prosecutor must give public notice to that effect by the means provided by Cabinet Order.

The preceding paragraph also applies when a seized article is to be returned pursuant to the provisions of Article 123, paragraph (1) or Article 124, paragraph (1) as applied mutatis mutandis pursuant to Article 222, paragraph (1) or the provisions of Article 220, paragraph (2). In this case, the term "public prosecutor" in the same paragraph is replaced with "public prosecutor or a judicial police officer."

When a request for return of a seized article is not made within six months from the day on which public notice is given pursuant to the provisions of the preceding two paragraphs, the article vests in the national treasury.

Even within the period referred to in the preceding paragraph, articles of no value may be discarded, and articles that are inconvenient for storage may be sold at a public auction and the proceeds received may be kept in safekeeping.

The provisions of paragraph (1) of the preceding Article apply mutatis mutandis to delivery or copying pursuant to the provisions of Article 123, paragraph (3) and copying pursuant to the provisions of Article 123-2, paragraph (1), and the provisions of paragraph (2) of the preceding Article apply mutatis mutandis to delivery or copying pursuant to the provisions of Article 123, paragraph (3) as applied mutatis mutandis pursuant to Article 220, paragraph (2) and Article 222, paragraph (1) and to copying pursuant to the provisions of Article 123-2, paragraph (1) as applied mutatis mutandis pursuant to Article 222, paragraph (1).

When a request for delivery or copying under the preceding paragraph is not made within six months from the day on which public notice is given pursuant to the provisions of paragraph (1) or (2) of the preceding Article as applied mutatis mutandis pursuant to the preceding paragraph, it is unnecessary to allow the delivery or copying.

When a person who has been ordered to bear the court costs can not pay those costs due to indigence, he/she may, in accordance with the Rules of Court, request to be exempted in whole or in part from execution of the decision for him/her to pay said court costs.

A request as set forth in the previous paragraph shall be made within twenty days of when the decision that orders the person to bear court costs becomes final and binding.

The defendant or a suspect may prepay a public prosecutor the estimated amount of court costs.

In the execution of a decision on court costs, when there is an amount prepaid pursuant to the provisions of the preceding Article, a public prosecutor deducts an amount equivalent to the court costs from the prepaid amount and appropriates the amount to the payment of those court costs.

When there is a remaining amount after the deduction of an amount equivalent to court costs from a prepaid amount pursuant to the provisions of the preceding paragraph, the remaining amount is returned upon request from the person who has made the prepayment.

In one of the following cases, an amount prepaid pursuant to the provisions of Article 500-2 is returned upon request from the person who has made the prepayment:

when the appointment of a defense counsel ceases to be effective pursuant to the provisions of Article 38-2;

when court proceedings are concluded and a decision to order the defendant to bear court costs is not made; or

when a person who has been ordered to bear court costs is exempted in whole from execution of the decision on the court costs.

When a person who has been sentenced has doubts about the interpretation of a decision, he/she may file a request for interpretation of the decision with the court which imposed the sentence.

A person subject to the execution of a decision, or his/her legal representative or curator may file an objection with the court that rendered said decision when he/she finds a measure taken by the public prosecutor in connection with the execution (excluding one under the provisions of the following Chapter) to be inappropriate.

Requests under Article 500 and the preceding two Articles may be withdrawn until rulings are rendered thereon.

The provisions of Article 366 apply mutatis mutandis to requests under Article 500 and the preceding two Articles and withdrawal thereof.

Immediate appeals may be filed against rulings on requests under Articles 500, 501 and 502.

The provisions on the execution of a sentence shall apply mutatis mutandis to the execution of detention in a workhouse in the event that the person subject to the sentence cannot complete the payment of a fine or petty fine.

The costs for the execution of the decision prescribed in Article 490, paragraph (1) shall be borne by the person whose sentence is executed, and shall be collected at the same time as the execution in accordance with the provisions of the Civil Execution Act and other laws and regulations with regard to the procedures of compulsory execution.