A criminal complaint may be withdrawn at any time before the institution of prosecution.
告訴は、公訴の提起があるまでこれを取り消すことができる。
A person who has withdrawn a criminal complaint may not file the criminal complaint again.
告訴の取消をした者は、更に告訴をすることができない。
The provisions of the preceding two paragraphs apply mutatis mutandis to a claim regarding a case which is to be accepted on a claim.
前二項の規定は、請求を待つて受理すべき事件についての請求についてこれを準用する。
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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or a foreign envoy files over defamation or insult (Code of Criminal Procedure, Article 235), and it may be withdrawn until a prosecution is brought, but not filed again (Article 237).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.