Code of Criminal Procedure

When a defendant who has received the pronouncement of a judgment to impose imprisonment or a greater punishment has left or attempted to leave Japan without receiving the permission under Article 342-2, when that permission has been rescinded under paragraph (2) of the preceding Article with regard to a defendant who has received the permission under that Article, or if a defendant who has received the permission under Article 342-2 does not, without justifiable grounds, return to or land in Japan within the designated period, the court may, upon the request of the public prosecutor or ex officio, make the ruling specified in each of the following items according to the category of cases set forth in those items.

where no detention warrant has been issued with regard to the defendant: a ruling to detain;

where the defendant has been released on bail: a ruling to rescind bail;

where the execution of detention of the defendant has been suspended: a ruling to rescind the suspension of execution of detention.

When rescinding bail under the preceding paragraph (limited to the part pertaining to item (ii)), the court may, by ruling, forfeit all or part of the bail bond.

When a judgment to impose imprisonment or a greater punishment is pronounced, the bail or suspension of execution of detention loses its effect.

In the case of the preceding paragraph, the provisions of Article 98 and Article 271-8, paragraph (5) (including as applied mutatis mutandis pursuant to Article 312-2, paragraph (4); hereinafter the same applies in this paragraph) apply mutatis mutandis only when there is no new ruling of bail or suspension of execution of detention. In this case, the phrase "paragraph (1) (" in Article 271-8, paragraph (5) is deemed to be replaced with "Article 271-8, paragraph (1) (".

When bail or suspension of execution of detention has lost its effect due to the pronouncement of a judgment to impose imprisonment or a greater punishment, if the defendant is not committed in a penal institution, the public prosecutor may order the defendant to appear at the date and time and the place designated.

A defendant who has received an order under the preceding Article and who fails to appear at the date and time and the place designated without justifiable grounds is punished by imprisonment for not more than two years.

The provisions of the proviso to Article 60, paragraph (2) and Article 89 do not apply after a judgment to impose imprisonment or a greater punishment has been pronounced.

After the pronouncement of a judgment to impose imprisonment or a greater punishment, bail may be granted under Article 90 only where the extent of the disadvantages prescribed in that Article or other disadvantages is significantly high; provided, however, that this does not apply when there are reasonable grounds to find that the extent of the risk of the defendant fleeing if bailed is not high.

When there is a notification of a judicial decision of acquittal, dismissal by a bar to prosecution, exculpation, suspended execution of a sentence in whole, dismissal of prosecution (except as provided in Article 338, item (iv)), a fine or a petty fine, the detention warrant loses its effect.

When the court finds, with regard to a defendant who has been notified of a judicial decision imposing a fine (limited to one for which a suspended sentence is not pronounced; the same applies hereinafter), that there is a risk that the fine will be unable to be paid in full after that decision becomes final and binding, the court is to, except where it issues a detention warrant, upon the request of the public prosecutor or ex officio, order by ruling that the defendant must not leave Japan without the permission of the court.

The same applies as in the preceding paragraph also when, in granting bail or suspending the execution of detention with regard to the defendant under the preceding paragraph, the court finds that there is a risk that the fine will be unable to be paid in full after the judicial decision imposing a fine becomes final and binding.

Except where the ruling is made upon the request of the public prosecutor, the court must hear the opinion of the public prosecutor in advance when making a ruling under the preceding paragraph.

When there is no rendition for the confiscating of seized objects, the decision to release the seizure is deemed to have been rendered.

When there is no rendition of confiscation with regard to an electronic or magnetic record transferred pursuant to an order to provide electronic or magnetic records (limited to an order that orders provision by the method set forth in Article 102-2, paragraph (1), item (i), (b) (limited to the method of transferring electronic or magnetic records onto a recording medium)), a rendition permitting the copying of that electronic or magnetic record is deemed to have been made; provided, however, that this does not apply to electronic or magnetic records that have been unlawfully created.

The court must order the return of seized property obtained through a property crime when the reason necessitating return to the victim is clear.

The preceding paragraph applies when there is a request by a victim for delivery of an object which has been received in exchange for property obtained through a property crime.

When there is no particular rendition on a provisionally returned object, an order for return is deemed to have been rendered.

The provisions of the preceding three paragraphs do not prevent interested parties from claiming their rights in accordance with the procedures of civil actions.

If the court, in rendering a fine, petty fine or collection of a sum of equivalent value, deems that it will be impossible or difficult to execute the judgment should there be a delay until the judgment becomes final and binding, the court may, upon a request by the public prosecutor or ex officio, order the defendant to provisionally pay an amount equal to the fine, petty fine or collection of a sum of equivalent value.

An order of provisional payment must be rendered at the same time as the rendition of punishment by a judgment.

A sentence for provisional payment may be executed immediately.

When a rendition to suspend an execution of the sentence is to be revoked, a public prosecutor must make a request for the revocation to the district, family or summary court which has jurisdiction over the present place or the last domicile of the person who has been sentenced to punishment.

When a rendition to suspend the execution of a sentence is to be revoked pursuant to the provisions of Article 26-2, item (ii) or Article 27-5, item (ii) of the Penal Code, a request under the preceding paragraph must be made based on a proposal submitted by the director of a probation office.

When a suspended sentence is to be rescinded pursuant to the provisions of Article 27, paragraph (4) or (5) or Article 27-7, paragraph (4) or (5) of the Penal Code, a request under paragraph (1) may not be made after two months have elapsed from the day on which a judicial decision imposing a fine or a heavier sentence has become final and binding for a crime that was further committed during the period of the suspended execution of the sentence in whole prescribed in the first sentence of Article 27, paragraph (2) of that Act, or after the rendition of the suspended execution of the sentence in part prescribed in the first sentence of Article 27-7, paragraph (2) of that Act and before the end of the period of suspension, and that relates to the grounds for the request.

When a request is made under the preceding Article, a court must make a ruling after hearing the opinion of the person to whom the suspended execution of the sentence has been rendered or the person's representative.

In the case of the preceding paragraph, when the request is for the revocation of rendition of the suspended execution of the sentence pursuant to the provisions of Article 26-2, item (ii) or Article 27-5, item (ii) of the Penal Code and there is a request by the persons to whom the suspended execution of the sentence has been rendered, the proceeding must undergo an oral argument.

When it comes to undergoing an oral argument to make the ruling prescribed in paragraph (1), a person who has been rendered suspended execution of a sentence is entitled to appoint defense counsel.

When it comes to undergoing an oral argument to make the ruling prescribed in paragraph (1), the public prosecutor may, with the permission of the court, have a probation officer state their opinion.

An immediate appeal against the ruling prescribed in paragraph (1) may be filed.

If a punishment is to be determined pursuant to the provisions of Article 52 of the Penal Code, the public prosecutor must request the court which rendered the final judgment on the facts of the crime to do so. In this case, the provisions of paragraphs (1) and (5) of the preceding Article apply mutatis mutandis.