Code of Criminal Procedure

When the victim or others concerned in the case under public prosecution that involves one of the following crimes, or the legal representative of that victim or an attorney who has been entrusted by those persons makes a request to participate in the proceedings of that case, and a court finds it appropriate after hearing the opinions of the defendant or the defense counsel and taking into account the nature of the crime, the relationship with the defendant and other circumstances, the court is to render a ruling to allow the victim or others, or the legal representative of that victim to participate in the proceedings of that case:

crimes causing death or injury to a person through an intentional criminal act;

crimes under Article 176, Article 177, Article 179, Article 211, Article 220 or Articles 224 through 227 of the Penal Code;

in addition to the crimes set forth in the preceding item, crimes whose criminal acts include the criminal acts of these crimes (except for the crimes set forth in item (i));

crimes under Article 4, Article 5, or Article 6, paragraph (3) or (4) of the Act on Punishment of Acts Inflicting Death or Injury on Others by Driving a Motor Vehicle, etc. (Act No. 86 of 2013); or

attempts of the crimes set forth in items (i) through (iii).

The request under the preceding paragraph must be made to a public prosecutor in advance. In this case, the public prosecutor shall notify the court of this request together with the public prosecutor's opinion.

When it becomes clear that the person allowed to participate in the proceedings of the case under public prosecution pursuant to the provisions of paragraph (1) (hereinafter referred to as the "Participating Victim") is not or no longer is the victim or others concerned, or legal representative of the victim in that case, or when that case no longer falls under the category of a case that involves a crime set forth in any of items of the same paragraph due to the withdrawal or alteration of the applicable penal statute pursuant to the provisions of Article 312, a court must render a ruling to revoke the ruling set forth under the same paragraph. The same applies when a court comes to find that it is inappropriate to allow participation in the proceedings of the case under public prosecution taking into account the nature of the crime, the relationship with the defendant and other circumstances.

The Participating Victim or the entrusted attorney may appear on the trial dates.

The Participating Victim must be notified of the trial dates.

Where there are a large number of Participating Victims or entrusted attorneys, the court may request all or some of said persons to select a representative from among themselves to appear on the trial dates when it deems it to be so necessary.

The court may, taking into consideration the state of the proceedings, the number of Participating Victims or entrusted attorneys or other circumstances and when it deems it to be inappropriate, decide not to permit appearance on all or some of the trial dates.

In conducting proceedings on a trial date, when an application is made by a Participating Victim or an attorney entrusted by the Participating Victim, the court may, after hearing the opinions of the defendant or the defense counsel and taking into consideration the state of the proceedings, the number of persons who made the application and other circumstances, when it finds it appropriate, have the person who made the application be present in any of the places set forth in the following items and conduct the proceedings by means that allows the recognition of each other's presence and communication through the transmission of images and sound. In this case, the person who made the application and is present in that place is deemed to have attended that trial date.

a place other than the place where the judge and persons concerned in the case are present for conducting proceedings on the trial date, which is located in the same premises;

a place located within the premises of another court or otherwise outside the same premises, which the court finds appropriate.

The application under the preceding paragraph must be made in advance to the public prosecutor. In this case, the public prosecutor is to notify the court of the application, attaching the prosecutor's opinion.

The provisions of each of the preceding paragraphs apply mutatis mutandis to cases where witnesses are to be examined in the trial preparation, and the provisions of paragraphs (1) through (4) apply mutatis mutandis to cases where inspection is to be conducted in the trial preparation.

The Participating Victim or the entrusted attorney may state an opinion to the public prosecutor relating to the authority exercised by the public prosecutor pursuant to the provisions of this Code with regard to the case. In this case, if the public prosecutor exercises or does not exercise their authority, where necessary, said prosecutor must explain the reason for this to the person who stated such opinion.

In examining witnesses, if the Participating Victim or the entrusted attorney makes a request to examine a witness, the court is to hear the opinion of the defendant or the defense counsel and, taking into consideration the state of the proceedings, the content of the particulars of the request for examination, the number of persons making the request and other circumstances, permit the person who made the request to examine the witness on particulars necessary to challenge the probative value of the statements of the witness with regard to the particulars relating to the circumstances (except for particulars relating to fact-finding) when it finds appropriate.

The request set forth under the preceding paragraph must be made to the public prosecutor clarifying the particulars to be examined immediately after conclusion of the examination by the public prosecutor (where the prosecutor does not conduct an examination, after the examination by the defendant or the defense counsel). In this case, the public prosecutor must notify this to the court together with the prosecutor's opinion except in cases where said prosecutor is to personally examine said particulars.

Other than the cases provided in Article 295, paragraphs (1) through (4), the presiding judge may place restrictions on an examination if the examination made by the Participating Victim or the entrusted attorney leads to particulars other than the particulars provided in paragraph (1).

The court is to, when the Participating Victim or the entrusted attorney has made a request to ask the defendant questions seeking the statement set forth in Article 311, paragraph (2), hear the opinion of the defendant or the defense counsel and when it deems it necessary for the purpose of the Participating Victim or entrusted attorney stating an opinion pursuant to the provisions of this Code, it is to permit the person who made the request to ask the defendant questions when it finds appropriate, taking into consideration the state of the proceedings, the content of the particulars to be asked subject to the request, the number of persons making the request and other circumstances.

The request set forth in the preceding paragraph must be made to the public prosecutor clarifying the particulars to be asked in advance. In this case, the public prosecutor is to notify the court of this, together with the prosecutor's opinion except in cases where said prosecutor is to personally request a statement on such particulars.

Other than the cases provided in Article 295, paragraphs (1), (3) and (4), the presiding judge may place restrictions on a question if the question asked by the Participating Victim or the entrusted attorney leads to particulars irrelevant to those necessary for the purpose of the statement of opinions provided in paragraph (1).

The court is to, when the Participating Victim or the entrusted attorney makes a request to state an opinion on the finding of facts or the application of law, if it finds appropriate, permit the person who made the request to state an opinion on the trial date within the scope of facts specified as counts after the public prosecutor has stated an opinion pursuant to the provisions of Article 293, paragraph (1), taking into consideration the state of the proceedings, the number of persons making the request and other circumstances.

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

Other than the cases provided in Article 295, paragraphs (1), (3) and (4), the presiding judge may place restrictions on the statement of opinions if an opinion stated by the Participating Victim or the entrusted attorney is outside the scope provided in paragraph (1).

The statement pursuant to the provisions of paragraph (1) is not to constitute evidence.

If the Participating Victim appears on the trial date or in the trial preparation pursuant to the provisions of Article 316-34, paragraph (1) (including cases to which these provisions apply mutatis mutandis pursuant to the provisions of paragraph (7) of the same Article; the same applies in paragraph (4)) (including cases where the method prescribed in paragraph (5) of the same Article (including cases to which it applies mutatis mutandis pursuant to paragraph (7) of the same Article) is used; the same applies in paragraph (4)), when, taking into account the Participating Victim's age, mental or physical condition or other circumstances, the Participating Victim is likely to feel extreme anxiety or tension, the court may, after hearing the opinions of the public prosecutor and the defendant or the defense counsel, have the Participating Victim accompanied by a person who is appropriate for easing the Participating Victim's anxiety or tension, and is unlikely to disturb the examination of the witness by a judge or persons concerned in the case or an act seeking a statement from the defendant, or the statement of persons concerned in the case, or is unlikely to unduly influence the content of the statements.

The person accompanying the Participating Victim pursuant to the provisions of the preceding paragraph must not behave in any manner which may disturb examination of the witness by a judge or persons concerned in the case or an act seeking a statement from the defendant, or the statement of persons concerned in the case, or which will unduly influence the content of the statements.

Where the court deems that the person permitted to accompany the Participating Victim pursuant to the provisions of paragraph (1) is likely to disturb examination of the witness by a judge or persons concerned in the case or an act seeking a statement from the defendant, or the statement of persons concerned in the case, or is likely to unduly influence the contents of the statements, or otherwise deems that it is inappropriate to have the person accompany the Participating Victim, it may rule to revoke the ruling set forth in the same paragraph.

Where the Participating Victim attends a trial date or trial preparation pursuant to Article 316-34, paragraph (1), if the court finds that, due to the nature of the crime, the Participating Victim's age, mental or physical condition, relationship with the defendant, or other circumstances, the Participating Victim is likely to feel pressure and the Participating Victim's mental peace of mind is likely to be seriously harmed when the Participating Victim is present, examines, questions or makes a statement in the presence of the defendant (including cases where means that allow the recognition of each other's presence and communication through the transmission of images and sound are used), and finds it appropriate, the court may, after hearing the opinions of the public prosecutor and the defendant or the defense counsel, take measures between the defendant and the Participating Victim so that the defendant cannot recognize the condition of the Participating Victim, only when the defense counsel is present.

The court may take measures so that the observers and the Participating Victim cannot be aware of each other's presence, if the Participating Victim appears on the trial date pursuant to the provisions of Article 316-34, paragraph (1) (including cases where the method prescribed in paragraph (5) of the same Article is used), after hearing the opinions of the public prosecutor and the defendant or the defense counsel, when it finds appropriate, taking into account the nature of the crime, the Participating Victim's age, mental or physical condition or effects upon said Participating Victim's reputation or other circumstances.