All the days of pre-sentencing detention during the period for filing an appeal, except the days in pre-sentencing detention after an appeal has been filed, shall be included as time served toward the sentence.
上訴の提起期間中の未決勾留の日数は、上訴申立後の未決勾留の日数を除き、全部これを本刑に通算する。
The days in pre-sentencing detention after the filing of an appeal shall be included as time served toward the sentence when:
上訴申立後の未決勾留の日数は、左の場合には、全部これを本刑に通算する。
A public prosecutor filed the appeal; or
検察官が上訴を申し立てたとき。
A person who was not the public prosecutor filed an appeal and the original judgment was reversed in the appellate instance.
検察官以外の者が上訴を申し立てた場合においてその上訴審において原判決が破棄されたとき。
With regard to the inclusion set forth in the preceding two paragraphs, one day in pre-sentencing detention shall be calculated as either one day of imprisonment or as 4,000 yen.
前二項の規定による通算については、未決勾留の一日を刑期の一日又は金額の四千円に折算する。
Pre-sentencing detention after the appellate court has reversed the original judgment shall be included in time served, in the same manner as the days in pre-sentencing detention pending appeal.
上訴裁判所が原判決を破棄した後の未決勾留は、上訴中の未決勾留日数に準じて、これを通算する。
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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.