Changes by (Act No. 39 of 2025)
If defense counsel is appointed after the extract of the charging sheet, etc. has been submitted pursuant to Article 271-2, paragraph (2), the court must promptly notify the public prosecutor to that effect.
裁判所は、第二百七十一条の二第二項の規定による起訴状抄本等の提出があつた後に弁護人が選任されたときは、速やかに、検察官にその旨を通知しなければならない。
Changes by (Act No. 39 of 2025)
When the public prosecutor has received the notice under the preceding paragraph, the public prosecutor must promptly submit to the court a transcript of the charging sheet to be served on the defense counsel.
検察官は、前項の規定による通知を受けたときは、速やかに、裁判所に対し、弁護人に送達するものとして、起訴状の謄本を提出しなければならない。
Changes by (Act No. 39 of 2025)
When the transcript of the charging sheet has been submitted pursuant to the preceding paragraph, the court must, without delay, serve the transcript of the charging sheet on the defense counsel, subject to the condition that, of the particulars identifying an individual stated in the charging sheet, those not stated in the extract of the charging sheet, etc. not be made known to the defendant.
Changes by (Act No. 39 of 2025)
In the case prescribed in paragraph (2), if the public prosecutor finds that there is a risk that the measures under the preceding paragraph will not prevent the reputation or peaceful social life prescribed in Article 271-2, paragraph (1), item (i), (c), (1) or item (ii), (a) from being seriously harmed, or the acts prescribed in item (i), (c), (2) or item (ii), (b) of that paragraph, the public prosecutor may submit to the court, in lieu of the transcript of the charging sheet, an extract of the charging sheet, etc. to be served on the defense counsel.
Changes by (Act No. 39 of 2025)
When the extract of the charging sheet, etc. has been submitted pursuant to the preceding paragraph, the court must, without delay, serve the extract of the charging sheet, etc. on the defense counsel.
Read this with the articles around it
particulars identifying an individualmachine translation
「個人特定事項」
A person's name, address or any other matter that would identify an individual.
Defined inArticle 201-2, paragraph (1)
extract of the charging sheet, etc.machine translation
「起訴状抄本等」
An extract of the charging sheet (起訴状) with the particulars identifying an individual (個人特定事項) concerned left out, or another document in place of a copy of it, which a public prosecutor submits with the charging sheet when instituting prosecution, to be served on the defendant, when asking the court under Article 271-2 to keep those particulars from the defendant.
Short name set inArticle 271-2, paragraph (2)
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.
service
送達
The delivery of a document in a court proceeding, such as a lawsuit, to the person it is for, by a procedure the law lays down: unless a provision says otherwise, the court carries it out of its own motion, the court clerk handles the work (Code of Civil Procedure, Article 98), and the person who effects it reports on it to the court in writing (Article 100, paragraph (1)); the complaint must be served on the defendant (Article 138, paragraph (1)), and the judgment on the parties (Article 255, paragraph (1)). A document is served by post or by a court enforcement officer (執行官) (Article 101, paragraph (1)), as a rule by handing it to the person (Article 102-2), at their address, residence, place of business or office, or at their workplace where those are unknown or service there meets an obstacle (Article 103); each party, legal representative and litigation representative (訴訟代理人) must tell the court a place in Japan where they are to be served (Article 104, paragraph (1)), and service abroad is made at the presiding judge's request to that country's authorities or to a Japanese ambassador, minister or consul there (Article 108). If the person is not found at a place other than their workplace, the document may be handed to an employee or a person living with them who can be trusted to receive it, and if it is refused without a legitimate reason it may be left there (Article 106, paragraphs (1) and (3)); where it cannot be served in those ways, the court clerk may send it by registered mail, and it counts as served when it is sent (Article 107, paragraphs (1) and (3)). An electronic record can also be served through the courts' electronic system on a person who has registered for it, by making it available to them and sending them a notice, and that service takes effect when they view it or save it to their computer, or one week after the notice was sent, whichever comes first (Articles 109-2, paragraph (1), and 109-3, paragraph (1)); a person who must make filings online, such as a litigation representative (訴訟代理人) entrusted with the case, can be served this way even without registering, and without a notice, the week then running from when the record was made available (Articles 109-4 and 132-11, paragraph (1)). Where a party's address or other place for service is unknown, among other cases, the court clerk may serve by publication (公示送達), on petition or where the court orders it, and serves the same party by publication again of the clerk's own motion, as a rule (Article 110, paragraphs (1) to (3)): that the clerk holds the document and will hand it over at any time is made available for anyone to view, by a method the Supreme Court's rules (最高裁判所規則) set, and posted on the court's notice board or shown on a screen at the court (Article 111), and service takes effect two weeks after that begins, or six weeks for service to be made abroad, though one made again of the clerk's own motion takes effect the day after it begins (Article 112, paragraphs (1) and (2)). Some time limits run from service: an appeal to the court of second instance (控訴), for one, must be filed within two weeks of the day the judgment is served (Article 285).
Written by AI using Code of Civil Procedure, Arts. 98, 100 to 104, 106 to 112, 132-11, 138, 255, 285 as a reference.