Changes by (Act No. 39 of 2025)
The execution of a decision is to be directed by a public prosecutor of the public prosecutor's office corresponding to the court that rendered said decision; provided, however, that this shall not apply in the cases set forth in the proviso to paragraph (1) of Article 70, the proviso to paragraph (1) of Article 108, or any other case in which the court or judge should direct the execution of its decision.
Changes by (Act No. 39 of 2025)
In cases where the decision made by a lower court is to be executed due to a decision on appeal or due to the withdrawal of an appeal, execution of the decision of the lower court is to be directed by a public prosecutor of the public prosecutor's office corresponding to the appellate court; provided, however, that, where the case records are kept in the lower court or its corresponding public prosecutor's office, the execution is to be directed by a public prosecutor of that corresponding public prosecutor's office.
上訴の裁判又は上訴の取下により下級の裁判所の裁判を執行する場合には、上訴裁判所に対応する検察庁の検察官がこれを指揮する。但し、訴訟記録が下級の裁判所又はその裁判所に対応する検察庁に在るときは、その裁判所に対応する検察庁の検察官が、これを指揮する。
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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.