With respect to the offense of defamation of a deceased person, said person's relatives or descendants may file a criminal complaint.
死者の名誉を毀損した罪については、死者の親族又は子孫は、告訴をすることができる。
The provisions of the preceding paragraph apply also where, with respect to the offense of defamation, the victim has died without filing a criminal complaint, but not when this is against the express wishes of the victim.
名誉を毀損した罪について被害者が告訴をしないで死亡したときも、前項と同様である。但し、被害者の明示した意思に反することはできない。
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complaint
告訴
A crime's victim telling a public prosecutor or a judicial police officer (司法警察員) of the crime and asking that the offender be punished; the victim may file one (Code of Criminal Procedure, Articles 230 and 241, paragraph (1)). The victim's legal representative may also file one, and if the victim has died, their spouse, lineal relatives or siblings, though not against the victim's clearly stated wishes (Article 231). For some crimes — among them defamation and insult, and negligent injury — a prosecution cannot be brought without a complaint (Penal Code, Articles 209, paragraph (2), and 232, paragraph (1)); for those, a complaint must as a rule be filed within six months of learning who the offender is, though not one a foreign state's representative or a foreign envoy files over defamation or insult (Code of Criminal Procedure, Article 235), and it may be withdrawn until a prosecution is brought, but not filed again (Article 237).
Written by AI using Code of Criminal Procedure, Arts. 230, 231, 235, 237, 241 and Penal Code, Arts. 209, 232 as a reference.