When a request under the preceding Article has been made, if the court finds that there are special circumstances that justify permitting departure from Japan, it may, by ruling, designate the period during which the person may be outside Japan and grant the permission under Article 342-2; provided, however, that this does not apply to a person for whom a written detention order prescribed in Article 40 of the Immigration Control and Refugee Recognition Act (Cabinet Order No. 319 of 1951; hereinafter referred to as the "Immigration Control Act") (including as applied mutatis mutandis pursuant to Article 44-4, paragraph (4) of the Immigration Control Act) or a written deportation order prescribed in Article 51 of the Immigration Control Act has been issued, or to a person under supervision measures prescribed in Article 44-2, paragraph (7) of the Immigration Control Act.
裁判所は、前条の請求があつた場合において、本邦から出国することを許すべき特別の事情があると認めるときは、決定で、国外にいることができる期間を指定して、第三百四十二条の二の許可をすることができる。ただし、出入国管理及び難民認定法（昭和二十六年政令第三百十九号。以下「入管法」という。）第四十条（入管法第四十四条の四第四項において準用する場合を含む。）に規定する収容令書若しくは入管法第五十一条に規定する退去強制令書の発付を受けている者又は入管法第四十四条の二第七項に規定する被監理者については、この限りでない。
In determining whether there are special circumstances prescribed in the main clause of the preceding paragraph, the court is to take into consideration the extent of the risk that, where the permission under Article 342-2 is granted, a person who has received the pronouncement of a judgment to impose imprisonment or a greater punishment will not return to Japan or land in Japan within the period designated under the preceding paragraph, as well as the extent of the disadvantage to be incurred by that person due to being unable to leave Japan, and other circumstances.
If a court makes a ruling for the request under the preceding Article, the court must hear the opinion of the public prosecutor.
裁判所は、前条の請求について決定をするときは、検察官の意見を聴かなければならない。
The court may extend the period under the main clause of paragraph (1) if it finds it necessary.
裁判所は、必要と認めるときは、第一項本文の期間を延長することができる。
When the court finds, with regard to a person who has received the permission under Article 342-2, that it is no longer necessary for the person to be outside Japan until the end of the period designated as the period during which the person may be outside Japan (hereinafter referred to as the "designated period"), the court may shorten that designated period.
裁判所は、第三百四十二条の二の許可を受けた者について、国外にいることができる期間として指定された期間（以下「指定期間」という。）の終期まで国外にいる必要がなくなつたと認めるときは、当該指定期間を短縮することができる。
Read this with the articles around it
Immigration Control Actmachine translation
「入管法」
Short name for the Immigration Control and Refugee Recognition Act (Cabinet Order No. 319 of 1951).
Short name set inArticle 342-4, paragraph (1)
designated periodmachine translation
「指定期間」
The period that a court, when it permits under Article 342-2 a person against whom a judgment of imprisonment (拘禁刑) or a heavier punishment has been pronounced to leave Japan, designates as the time the person may stay abroad.
Short name set inArticle 342-4, paragraph (5)
imprisonment
拘禁刑
The punishment of being held in a penal institution (刑事施設), for life or for a fixed term of one month to twenty years (Penal Code, Article 12, paragraphs (1) and (2)); a fixed term can be raised to thirty years where the punishment is aggravated, or cut below one month where it is reduced (Article 14, paragraph (2)). To help the person reform and rehabilitate, they may be made to do work or given guidance (Article 12, paragraph (3)). It ranks below the death penalty and above a fine (罰金) among the principal punishments (Articles 9 and 10, paragraph (1)). It replaced imprisonment with work (懲役) and imprisonment without work (禁錮) when the Act Partially Amending the Penal Code, etc. (Act No. 67 of 2022) came into force (Act No. 67 of 2022, Article 2), and a person sentenced to either is treated, for the rules on a person's qualifications, as sentenced to imprisonment for the same term (Act No. 68 of 2022, Article 443, paragraph (1)).
Written by AI using Penal Code, Arts. 9, 10, 12, 14, Act No. 67 of 2022, Art. 2 and Act No. 68 of 2022, Art. 443 as a reference.
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.