Code of Criminal Procedure

If a ruling to rescind bail or the suspension of execution of detention has been made, or if the term of suspension of detention has expired, a public prosecutor's assistant officer, judicial police official or an official of the penal institution must, under the direction of a public prosecutor, take, with respect to the defendant, the measure set forth in item (i) for the detention warrant and the measure set forth in item (ii) for the ruling rescinding bail or the suspension of execution of detention or the ruling on suspension for a designated term of execution of detention, and then commit the defendant in a penal institution.

Where the detention warrant is in writing, showing a transcript of it, and where the detention warrant is an electronic or magnetic record, showing, as prescribed by the Rules of Court, the matters recorded in the detention warrant and the name of the presiding judge or the commissioned judge pertaining to the measure under Article 64, paragraph (2) (limited to the portion pertaining to item (ii)), by displaying them on the screen of a computer, on paper or on anything else;

where the ruling is a document, showing a certified copy of it, and where the ruling is an electronic or magnetic record, pursuant to the Rules of Court, displaying the particulars recorded in the ruling on the screen of a computer, in a document or on something else and showing them.

When said officer or official is unable to take the measures set forth in the items of the preceding paragraph and in cases requiring urgency, said person may, notwithstanding the preceding paragraph and under the direction of a public prosecutor, commit the defendant in a penal institution after notifying the defendant that the ruling to grant bail or to suspend the execution of detention has been rescinded, or that the term of suspension of execution of detention has expired. In this case, the measures set forth in the items of that paragraph must be taken as promptly as possible.

The provisions of Article 71 apply mutatis mutandis to the commitment in the preceding two paragraphs.

If a ruling to rescind bail or the suspension of execution of detention has been made and the defendant is not confined in a penal institution, a public prosecutor may order the defendant to appear at the date, time and place that the prosecutor designates.

If a defendant whose bail or suspension of execution of detention has been rescinded and who has been ordered by a public prosecutor to appear fails, without justifiable grounds, to appear at the designated date, time and place, the defendant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

The court may, when granting bail or suspending execution of detention, if it finds it necessary, appoint a person it finds appropriate as a supervisor with that person's consent.

In obtaining the consent under the preceding paragraph, the court must explain in advance to the person to be appointed as a supervisor the matters necessary for understanding the duties of a supervisor prescribed in the following paragraph and paragraph (4) and the system of sequestration of supervision bonds under Article 98-8, paragraph (2), Article 98-11 and Article 98-18, paragraph (3).

A supervisor is to provide the supervision necessary to prevent the defendant from fleeing and to secure the defendant's appearance on trial dates.

The court is to order a supervisor to do any or all of the matters set forth in the following items.

when the defendant is summoned, or otherwise is required to appear pursuant to the provisions of this Code or other laws, to appear together with the defendant at the date, time and place at which the defendant is to appear;

to report, in accordance with the following, on matters concerning the defendant's residence, status of employment or school attendance, personal status or other matters of daily life or personal status that the court specifies as ones whose change affects the determination of whether there are reasonable grounds to suspect that the defendant will flee:

to report, at the time designated by the court, on the matter as of that time;

when a change occurs in the matter, to report promptly on the content of the change.

When a supervisor is appointed, the amount of the supervision bond must be fixed.

The amount of the supervision bond must be a reasonable amount sufficient to guarantee the matters ordered pursuant to paragraph (4) of the preceding Article and the defendant's appearance, taking into consideration the assets of the person to be appointed as a supervisor, the person's relationship with the defendant and other circumstances.

When a supervisor has been appointed, a ruling to grant bail may not be executed, notwithstanding Article 94, paragraph (1), until after the bail bond and the supervision bond have been paid.

When a supervisor has been appointed, a ruling under the first sentence of Article 95, paragraph (1) may not be executed until after the supervision bond has been paid.

The provisions of Article 94, paragraphs (2) and (3) apply mutatis mutandis to the payment of the supervision bond. In this case, the phrase "a person other than the person requesting bail" in paragraph (2) of that Article is deemed to be replaced with "a person other than the supervisor (excluding the defendant)", and the phrase "the defendant" in paragraph (3) of that Article is deemed to be replaced with "the defendant and the supervisor".

When the court has appointed a supervisor, if the defendant is summoned or is otherwise required, pursuant to the provisions of this Code or other laws, to appear at a designated date, time and place, the court must promptly notify the supervisor of that fact and of that date, time and place.

The court must promptly notify the public prosecutor, in each case, of the fact where an appearance has been made pursuant to Article 98-4, paragraph (4) (limited to the part pertaining to item (i)); of the fact and the content of the report where a report has been made pursuant to that paragraph (limited to the part pertaining to item (ii)); and of the fact and the circumstances where there has been no appearance pursuant to that paragraph (limited to the part pertaining to item (i)) or no report pursuant to that paragraph (limited to the part pertaining to item (ii), (a)), or where it has learned that there has been no report pursuant to that paragraph (limited to the part pertaining to item (ii), (b)).

The court may, upon the request of a public prosecutor or on its own authority, dismiss a supervisor if it finds that any of the following items applies.

the supervisor has, without justifiable grounds, violated an order under Article 98-4, paragraph (4);

the supervisor has become unable, due to a mental or physical disorder or any other reason, to do the matters ordered pursuant to Article 98-4, paragraph (4);

the supervisor has requested dismissal.

If a supervisor is dismissed pursuant to the preceding paragraph (limited to the part pertaining to item (i)), the court may make a ruling to sequester the whole or part of the supervision bond.

If the court has dismissed a supervisor or a supervisor has died, the court must rescind bail or the suspension of execution of detention by ruling.

In the case prescribed in the preceding paragraph, if the court finds it appropriate, it may take the measure prescribed in each of the following items according to the category of cases set forth in that item. In this case, the provisions of that paragraph do not apply.

when the defendant is on bail: to appoint a new person whom the court finds appropriate as a supervisor, or to increase the amount of the bail bond;

when the execution of the defendant's detention has been suspended: to appoint a new person whom the court finds appropriate as a supervisor.

When appointing a supervisor pursuant to the first sentence of the preceding paragraph, the court must designate the time limit for paying the supervision bond.

The court may extend the time limit under the preceding paragraph if it finds that there are unavoidable grounds.

If the supervision bond has not been paid by the time limit under paragraph (3), the court must dismiss the supervisor.

When appointing a supervisor pursuant to the first sentence of paragraph (2) (limited to the part pertaining to item (i); the same applies in the following paragraph), the court may, if it finds it appropriate, reduce the amount of the bail bond.

When increasing the amount of the bail bond pursuant to the first sentence of paragraph (2), the court must designate the time limit for paying the additional portion of the bail bond. In this case, the provisions of paragraph (4) apply mutatis mutandis.

The provisions of Article 94, paragraphs (2) and (3) apply mutatis mutandis to the payment of the additional portion of the bail bond in the case prescribed in the preceding paragraph. In this case, the phrase "the person requesting bail" in paragraph (2) of that Article is deemed to be replaced with "the defendant".

If the additional portion of the bail bond has not been paid by the time limit under paragraph (7), the court must rescind bail by ruling.

When a defendant comes to know that Article 98-8, paragraph (1), item (ii) applies or that the supervisor has died, the defendant must promptly notify the court to that effect.

If the notification under the preceding paragraph has not been made, the court may, upon the request of a public prosecutor or on its own authority, rescind bail or the suspension of execution of detention by ruling.

If bail is rescinded pursuant to the preceding paragraph, the court may make a ruling to sequester the whole or part of the bail bond.

When a supervisor has been appointed, if bail or the suspension of execution of detention is rescinded pursuant to Article 96, paragraph (1) (limited to the part pertaining to items (i) and (ii) and item (v) (limited to when it is applied due to a failure to appear pursuant to Article 95-4, paragraph (2))), the court may make a ruling to sequester the whole or part of the supervision bond.