Code of Criminal Procedure

When a court deems it necessary to conduct productive proceedings of a trial consecutively, systematically and speedily, the court may, upon request from a public prosecutor, the defendant or the defense counsel or ex officio, render a ruling to order that the case be subject to a pretrial arrangement proceeding as trial preparation for arrangement of the issues and evidence of the case prior to the first trial date.

When a court renders a ruling under the preceding paragraph or a ruling to dismiss the request under the same paragraph, the court must hear the opinions of the public prosecutor and the defendant or the defense counsel in advance pursuant to the provisions of the Rules of Court.

A pretrial arrangement proceeding shall be conducted by having the persons concerned in the case appear and make a statement, or having them submit documents or electronic or magnetic records, pursuant to the provisions of this Subsection.

The court must endeavor to ensure sufficient preparation in the pretrial arrangement proceeding and, insofar as possible, have speedy conclusion of the proceeding in order to conduct productive proceedings of the trial consecutively, systematically and speedily.

In order to have productive proceedings which are conducted consecutively, systematically and speedily, the persons concerned in the case must, in a pretrial arrangement proceeding, cooperate with one another and also must cooperate with the court willingly in the conduct of the proceeding.

A pretrial arrangement proceeding may not be conducted when there is no defense counsel for the defendant.

If there is no defense counsel for the defendant in a pretrial arrangement proceeding, the presiding judge must appoint defense counsel ex officio.

In a pretrial arrangement proceeding, the following actions may be taken:

clarification of the counts or applicable penal statutes;

permission for addition, withdrawal or alteration of the counts or applicable penal statutes;

making a ruling on a request under Article 271-5, paragraph (1) or (2) (including the case where these provisions are applied mutatis mutandis pursuant to Article 312-2, paragraph (4));

arrangement of the issues of the case by having the allegation, which is planned to be given on the trial date, disclosed;

having a request for examination of evidence made;

disclosure of the facts to be proved, the particulars to be examined and other particulars relating to the evidence requested pursuant to the provisions of the preceding item;

confirmation of the opinion concerning the request for examination of evidence (including whether or not to give the consent prescribed in Article 326 for the documentary evidence);

rendering of a ruling to examine the evidence or dismiss the request for examination of evidence;

decision on the order and method of examining the evidence for which a ruling for examination has been made;

rendering of a ruling on the filing of an objection against the examination of evidence;

rendering of a ruling on the disclosure of evidence pursuant to the provisions of division 3;

rendering of a ruling on a request to participate in the proceedings of the case pursuant to the provisions of Article 316-33, paragraph (1), or a ruling to revoke such ruling;

setting or changing of the trial dates and a decision on other necessary particulars for the proceedings of the trial.

The presiding judge must set the date of the pretrial arrangement proceeding when said judge is to have persons concerned in the case appear.

The date of the pretrial arrangement proceeding must be notified to the public prosecutor, the defendant and the defense counsel.

The presiding judge may change the date of the pretrial arrangement proceeding upon the request of the public prosecutor, the defendant or the defense counsel or ex officio. In this case, the presiding judge must hear the opinions of the public prosecutor and the defendant or the defense counsel in advance pursuant to the Rules of Court.

When the public prosecutor or the defense counsel does not appear on the date of the pretrial arrangement proceeding, the proceedings on that date may not be conducted.

When conducting proceedings on the date of the pretrial arrangement proceeding, if the court finds it appropriate, the court may, after hearing the opinions of the public prosecutor and the defense counsel, conduct the proceedings by means that allows the recognition of each other's presence and communication through the transmission of images and sound, with the public prosecutor or the defense counsel present in a place that it finds appropriate located elsewhere than in the same premises (meaning the same premises as the place where the presiding judge is present for conducting the proceedings on the date of the pretrial arrangement proceeding; the same applies in the following paragraph and Article 316-9, paragraph (4)), such as a place on the premises of another court. In this case, the public prosecutor or the defense counsel who is present at that place is deemed to have appeared on that date of the pretrial arrangement proceeding.

The court may conduct proceedings on the date of the pretrial arrangement proceeding by means that allows the recognition of each other's presence and communication through the transmission of images and sound, with a judge of the panel present in a place located elsewhere than in the same premises.

When the defense counsel does not appear on the date of the pretrial arrangement proceeding or when said defense counsel leaves the proceeding, the presiding judge must appoint defense counsel ex officio.

When there is a risk that the defense counsel will not appear on the date of the pretrial arrangement proceeding, the court may appoint defense counsel ex officio.

The defendant may appear on the date of the pretrial arrangement proceeding.

When the court deems it to be necessary, it may ask the defendant to appear on the date of the pretrial arrangement proceeding.

When the defendant is to appear at the pretrial arrangement proceeding, the presiding judge must, on the first date that the defendant is to appear, begin by giving notification to the defendant that said person may remain silent at all times or may refuse to answer particular questions.

When conducting proceedings on the date of the pretrial arrangement proceeding, if the court finds it appropriate, the court may, after hearing the opinions of the public prosecutor and the defendant or the defense counsel, conduct the proceedings by means that allows the recognition of each other's presence and communication through the transmission of images and sound, with the defendant present in a place that it finds appropriate located elsewhere than in the same premises, such as a place on the premises of another court. In this case, the defendant who is present at that place is deemed to have appeared on that date of the pretrial arrangement proceeding.

When the court deems it necessary to confirm the intention of the defendant for a statement given by the defense counsel or a document or electronic or magnetic record to be submitted by the defense counsel, the court may, on the date of the pretrial arrangement proceeding, ask the defendant questions and have the defense counsel submit a document which is signed jointly by the defendant.

The court may (excluding the rulings under Article 316-5, items (ii), (iii), (viii), and (x) through (xii)) order a member of a panel to put the case into a pretrial arrangement proceeding. In this case, the authorized judge has the same authority as the court or the presiding judge.

A court clerk must attend on the date of the pretrial arrangement proceeding.

The court proceedings on the dates of the pretrial arrangement proceeding must be recorded in the records of the pretrial arrangement proceeding pursuant to the Rules of Court.

Records of the pretrial arrangement proceeding must be prepared as electronic or magnetic records pursuant to the Rules of Court, and recorded in the file.

When a case is put into a pretrial arrangement proceeding, the public prosecutor must submit documents in which facts planned to be proven are described ("facts planned to be proven" means the facts which are planned to be proven by evidence on the trial date; the same applies hereinafter) to the court. In this case, the public prosecutor may not describe in the documents any item from which prejudice or a preconception of the case is likely to arise based on materials which are not qualified for evidence or which are not intended to be requested for examination in court.

In the case of the preceding paragraph, the public prosecutor must send to the defendant or the defense counsel documents or electronic or magnetic records in which the facts planned to be proven are written or recorded; provided, however, that electronic or magnetic records in which the facts planned to be proven are recorded may not be sent to the defendant if the defendant objects.

The public prosecutor must request the examination of evidence which is to be used to prove facts planned to be proven prescribed in paragraph (1).

Article 299, paragraph (1) does not apply to the request for the examination of evidence prescribed in the preceding paragraph.

The court is to, upon hearing the opinions of the public prosecutor and the defendant or the defense counsel, set a deadline for the submission under the provisions of paragraph (1), the delivery under the provisions of paragraph (2) and the request under the provisions of paragraph (3).