When the victim or others concerned in the case under public prosecution that involves one of the following crimes, or the legal representative of that victim or an attorney who has been entrusted by those persons makes a request to participate in the proceedings of that case, and a court finds it appropriate after hearing the opinions of the defendant or the defense counsel and taking into account the nature of the crime, the relationship with the defendant and other circumstances, the court is to render a ruling to allow the victim or others, or the legal representative of that victim to participate in the proceedings of that case:
裁判所は、次に掲げる罪に係る被告事件の被害者等若しくは当該被害者の法定代理人又はこれらの者から委託を受けた弁護士から、被告事件の手続への参加の申出があるときは、被告人又は弁護人の意見を聴き、犯罪の性質、被告人との関係その他の事情を考慮し、相当と認めるときは、決定で、当該被害者等又は当該被害者の法定代理人の被告事件の手続への参加を許すものとする。
crimes causing death or injury to a person through an intentional criminal act;
故意の犯罪行為により人を死傷させた罪
crimes under Article 176, Article 177, Article 179, Article 211, Article 220 or Articles 224 through 227 of the Penal Code;
in addition to the crimes set forth in the preceding item, crimes whose criminal acts include the criminal acts of these crimes (except for the crimes set forth in item (i));
attempts of the crimes set forth in items (i) through (iii).
第一号から第三号までに掲げる罪の未遂罪
The request under the preceding paragraph must be made to a public prosecutor in advance. In this case, the public prosecutor shall notify the court of this request together with the public prosecutor's opinion.
前項の申出は、あらかじめ、検察官にしなければならない。この場合において、検察官は、意見を付して、これを裁判所に通知するものとする。
When it becomes clear that the person allowed to participate in the proceedings of the case under public prosecution pursuant to the provisions of paragraph (1) (hereinafter referred to as the "Participating Victim") is not or no longer is the victim or others concerned, or legal representative of the victim in that case, or when that case no longer falls under the category of a case that involves a crime set forth in any of items of the same paragraph due to the withdrawal or alteration of the applicable penal statute pursuant to the provisions of Article 312, a court must render a ruling to revoke the ruling set forth under the same paragraph. The same applies when a court comes to find that it is inappropriate to allow participation in the proceedings of the case under public prosecution taking into account the nature of the crime, the relationship with the defendant and other circumstances.
victim or othersmachine translation
「被害者等」
A victim, or, where the victim has died or has a serious physical or mental disability, the victim's spouse, lineal relative (直系の親族) or brother or sister.
Defined inArticle 201-2, paragraph (1), item (i), (c), (1)
Participating Victim
「被害者参加人」
A victim or other person whom the court has permitted, under Article 316-33, paragraph (1), to take part in the proceedings of the case against the defendant.
Short name set inArticle 316-33, paragraph (3)
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.