When an acquittal becomes final and binding, the State compensates the person who was the defendant in the case for the expenses which were needed for the trial; provided however, that the State may not be required to compensate expenses which arose from a cause imputable to the person who was the defendant.
無罪の判決が確定したときは、国は、当該事件の被告人であつた者に対し、その裁判に要した費用の補償をする。ただし、被告人であつた者の責めに帰すべき事由によつて生じた費用については、補償をしないことができる。
In addition to what is prescribed in the preceding paragraph, when an acquittal becomes final and binding in a case in which a ruling to commence a retrial has become final and binding, the State compensates the person who made the request for a retrial pertaining to that ruling to commence a retrial (excluding a public prosecutor; hereinafter referred to as the "requester of a commenced retrial" in this Chapter) for the expenses which were needed for the procedures for the request for a retrial; provided however, that the State may not be required to compensate expenses which arose from a cause imputable to the requester of a commenced retrial.
前項に定めるもののほか、再審開始の決定が確定した事件について、無罪の判決が確定したときは、国は、当該再審開始の決定に係る再審の請求をした者（検察官を除く。以下この章において「開始決定再審請求者」という。）に対し、その再審の請求の手続に要した費用の補償をする。ただし、開始決定再審請求者の責めに帰すべき事由によつて生じた費用については、補償をしないことができる。
When it is deemed that the person who was the defendant or the requester of a commenced retrial made a false confession or statement, or fabricated other evidence of guilt, for the purpose of misleading the investigation or the trial, which subsequently led to prosecution being instituted against the person who was the defendant, the State may not be required to compensate all or part of the expenses prescribed in the preceding two paragraphs.
When compensation in accordance with the provisions of Article 188-5, paragraph (1) is requested, the State does not compensate the expenses that will be compensated by the provisions of Article 188-4 as prescribed in paragraph (1) of this Article.
第百八十八条の五第一項の規定による補償の請求がされている場合には、第百八十八条の四の規定により補償される費用については、第一項の補償をしない。
requester of a commenced retrialmachine translation
「開始決定再審請求者」
In Chapter XVI (compensation for costs), the person, other than a public prosecutor, who made the request for a retrial (再審) on which a ruling to commence the retrial (再審開始の決定) was made; where that ruling has become final and the defendant is then acquitted, the State compensates this person for the costs of the request procedure.
Short name set inArticle 188-2, paragraph (2)· applies only in this chapter
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.