When, pursuant to the provisions of the preceding two Articles, there is no one to represent the defendant, the court must, upon the request of a public prosecutor or ex officio, appoint a special representative.
前二条の規定により被告人を代表し、又は代理する者がないときは、検察官の請求により又は職権で、特別代理人を選任しなければならない。
When, pursuant to the provisions of the preceding two Articles, there is no one to represent the suspect, the court must, upon the request of a public prosecutor, judicial police officer or an interested party, appoint a special representative.
The special representative carries out the relevant duties until another person is able to represent the defendant or the suspect with regard to procedural actions.
特別代理人は、被告人又は被疑者を代表し又は代理して訴訟行為をする者ができるまで、その任務を行う。
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.