When the measures prescribed in Article 167, paragraph (1) are necessary in cases where a request is made for an expert examination pursuant to the provisions of paragraph (1) of the preceding Article, public prosecutors, public prosecutor's assistant officers or judicial police officers must request a judge for the measures mentioned above.
When the judge finds the request set forth in the preceding paragraph reasonable, said judge must carry out the measures as in the case of Article 167. In this case, the provisions of Article 167-2 apply mutatis mutandis.
The provisions of Article 207-2 and Article 207-3 apply mutatis mutandis to the request under paragraph (1). In this case, the phrase "whose detention has been requested" in Article 207-2 is deemed to be replaced with "for whom the measure prescribed in Article 167, paragraph (1) has been requested", the phrase "detention warrant" in that Article and in Article 207-3, paragraphs (3) and (5) is deemed to be replaced with "detention warrant for expert examination", and the phrase "pursuant to the provisions of the main clause of paragraph (5) of the preceding Article" in Article 207-2, paragraph (2) is deemed to be replaced with "pursuant to the provisions of the first sentence of Article 224, paragraph (2), in accordance with the case of Article 167".
第二百七条の二及び第二百七条の三の規定は、第一項の請求について準用する。この場合において、第二百七条の二中「勾留を」とあるのは「第百六十七条第一項に規定する処分を」と、同条並びに第二百七条の三第三項及び第五項中「勾留状」とあるのは「鑑定留置状」と、第二百七条の二第二項中「前条第五項本文の規定により」とあるのは「第二百二十四条第二項前段の規定により第百六十七条の場合に準じて」と読み替えるものとする。
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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.