Only if the court deems it necessary after considering the particulars prescribed in Article 158 and hearing the opinions of the public prosecutor and the defendant or the defense counsel, the court may examine the witness on a day other than the trial date.
証人については、裁判所は、第百五十八条に掲げる事項を考慮した上、検察官及び被告人又は弁護人の意見を聴き必要と認めるときに限り、公判期日外においてこれを尋問することができる。
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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.