When a rendition to suspend an execution of the sentence is to be revoked, a public prosecutor must make a request for the revocation to the district, family or summary court which has jurisdiction over the present place or the last domicile of the person who has been sentenced to punishment.
刑の執行猶予の言渡しを取り消すべき場合には、検察官は、刑の言渡しを受けた者の現在地又は最後の住所地を管轄する地方裁判所、家庭裁判所又は簡易裁判所に対しその請求をしなければならない。
When a rendition to suspend the execution of a sentence is to be revoked pursuant to the provisions of Article 26-2, item (ii) or Article 27-5, item (ii) of the Penal Code, a request under the preceding paragraph must be made based on a proposal submitted by the director of a probation office.
刑法第二十六条の二第二号又は第二十七条の五第二号の規定により刑の執行猶予の言渡しを取り消すべき場合には、前項の請求は、保護観察所の長の申出に基づいてこれをしなければならない。
When a suspended sentence is to be rescinded pursuant to the provisions of Article 27, paragraph (4) or (5) or Article 27-7, paragraph (4) or (5) of the Penal Code, a request under paragraph (1) may not be made after two months have elapsed from the day on which a judicial decision imposing a fine or a heavier sentence has become final and binding for a crime that was further committed during the period of the suspended execution of the sentence in whole prescribed in the first sentence of Article 27, paragraph (2) of that Act, or after the rendition of the suspended execution of the sentence in part prescribed in the first sentence of Article 27-7, paragraph (2) of that Act and before the end of the period of suspension, and that relates to the grounds for the request.
刑法第二十七条第四項若しくは第五項又は第二十七条の七第四項若しくは第五項の規定により刑の執行猶予の言渡しを取り消すべき場合には、第一項の請求は、同法第二十七条第二項前段に規定する刑の全部の執行猶予の期間内又は同法第二十七条の七第二項前段に規定する刑の一部の執行猶予の言渡し後その猶予の期間を経過するまでに更に犯した罪であつて当該請求の理由に係るものについて罰金以上の刑に処する裁判が確定した日から二箇月を経過した後は、これをすることができない。
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fine
罰金
A criminal punishment of paying money to the state, of 10,000 yen or more, or less where it is reduced (Penal Code, Article 15). It ranks below imprisonment (拘禁刑) and above penal detention (拘留) and a petty fine (科料) (Articles 9 and 10, paragraph (1)). A person who cannot pay it in full is held in a workhouse (労役場) for one day to two years, or up to three years where fines are imposed together, a period set when the sentence is passed (Article 18, paragraphs (1), (3) and (4)); not within thirty days of the sentence becoming final without the person's consent (paragraph (5)). If it is not enforced for three years after the sentence becomes final, the person is released from it by prescription (Articles 31 and 32, item (v)); the three years do not run while its execution is suspended under law or the person is abroad, and an act of execution interrupts them (Articles 33 and 34, paragraph (2)).
Written by AI using Penal Code, Arts. 9, 10, 15, 18, 31 to 34 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.
summary court
簡易裁判所
One of the four kinds of lower court (下級裁判所) beneath the Supreme Court, with the high courts (高等裁判所), the district courts (地方裁判所) and the family courts (家庭裁判所) (Courts Act, Article 1, and Article 2, paragraph (1)). A summary court has jurisdiction at first instance over civil claims whose value does not exceed 1.4 million yen, other than claims in administrative cases, and over criminal cases for offences punishable by no more than a fine or for which a fine is one of the penalties the law allows, among others (Article 33, paragraph (1)). A petition for court mediation goes, unless a special rule says otherwise, to the summary court for the place where the other party lives or has its business office or other office, or to a district court or summary court the parties agree on (Civil Mediation Act, Article 3, paragraph (1)).
Written by AI using Courts Act, Arts. 1, 2, 33 and Civil Mediation Act, Art. 3 as a reference.
suspended sentence
執行猶予
A court's decision, when it passes a sentence, to hold off carrying it out. A person sentenced to imprisonment (拘禁刑) of three years or less or a fine (罰金) of 500,000 yen or less who has not been sentenced to imprisonment before, or not within five years of finishing such a sentence, may have the whole of it suspended for one to five years from the day the judgment becomes final (Penal Code, Article 25, paragraph (1)), and may be put under probation (保護観察) for that time (Article 25-2, paragraph (1)). A person whose earlier imprisonment was itself wholly suspended may have a new sentence of two years or less suspended again where there are especially extenuating circumstances, and is then put under probation (Article 25, paragraph (2); Article 25-2, paragraph (1)). If the period passes without the suspension being revoked, the sentence loses its effect (Article 27, paragraph (1)), unless a prosecution is pending for a crime committed in the period, in which case it stays in effect and can still be revoked (paragraphs (2), (4) and (5)); it must or may be revoked if, for example, the person commits another crime in the period and is sentenced to imprisonment without suspension (Articles 26 and 26-2). A sentence of imprisonment of three years or less may also be suspended in part, the rest being served first (Article 27-2).
Written by AI using Penal Code, Arts. 25 to 27-2 as a reference.