A public prosecutor must request the next higher court of the court concerned to effect a change of jurisdiction when:
検察官は、左の場合には、直近上級の裁判所に管轄移転の請求をしなければならない。
the competent court is unable to exercise its jurisdiction owing to legal reasons or special circumstances;
管轄裁判所が法律上の理由又は特別の事情により裁判権を行うことができないとき。
there is a concern that the impartiality of the trial cannot be maintained owing to the general sentiment of the local people in the district, the state of the proceedings, or due to any other circumstances.
地方の民心、訴訟の状況その他の事情により裁判の公平を維持することができない虞があるとき。
In the cases prescribed in each of the items of the preceding paragraph, the defendant may also request a change of jurisdiction.
前項各号の場合には、被告人も管轄移転の請求をすることができる。
public prosecutor
検察官
The official who brings a prosecution (公訴) for a crime before a court (Code of Criminal Procedure, Article 247), and who may decide not to prosecute where, in view of the offender's character, age and circumstances, the gravity and circumstances of the offence and what happened after it, prosecution is not needed (Article 248). In criminal cases a public prosecutor asks the court to apply the law correctly and oversees the carrying out of its judgments; and, as the representative of the public interest, a public prosecutor also does the work other laws and regulations assign to a public prosecutor, which is not limited to criminal cases (Public Prosecutors Office Act, Article 4). A public prosecutor may investigate any crime (Article 6, paragraph (1)). Public prosecutors work through the public prosecutors offices (検察庁): the Supreme, High, District and Local Public Prosecutors Offices (Article 1).
Written by AI using Code of Criminal Procedure, Arts. 247, 248 and Public Prosecutors Office Act, Arts. 1, 4, 6 as a reference.