The court may, upon the request of a public prosecutor or ex officio, make a ruling to rescind the bail or suspension of the execution of detention when any of the following items applies:
裁判所は、次の各号のいずれかに該当する場合には、検察官の請求により、又は職権で、決定で、保釈又は勾留の執行停止を取り消すことができる。
the defendant has been summoned but does not appear without a justifiable reason;
被告人が、召喚を受け正当な理由がなく出頭しないとき。
the defendant has fled or there is probable cause to suspect that the defendant may flee;
被告人が逃亡し又は逃亡すると疑うに足りる相当な理由があるとき。
the defendant has concealed or destroyed evidence or there is probable cause to suspect that the defendant may conceal or destroy evidence;
被告人が罪証を隠滅し又は罪証を隠滅すると疑うに足りる相当な理由があるとき。
the defendant has harmed or tried to harm the body or property of the victim, any other person who is deemed to have knowledge essential to the trial of the case or the relatives of such persons or has threatened them;
被告人が、被害者その他事件の審判に必要な知識を有すると認められる者若しくはその親族の身体若しくは財産に害を加え若しくは加えようとし、又はこれらの者を畏怖させる行為をしたとき。
the defendant fails, without justifiable grounds, to make the report under Article 95-4, paragraph (1), or makes a false report;
被告人が、正当な理由がなく前条第一項の規定による報告をせず、又は虚偽の報告をしたとき。
the defendant has violated the conditions set by the court such as restrictions on the place of residence.
被告人が住居の制限その他裁判所の定めた条件に違反したとき。
If bail is rescinded pursuant to the preceding paragraph, the court may make a ruling to sequester the whole or part of the bail bond.
前項の規定により保釈を取り消す場合には、裁判所は、決定で、保証金の全部又は一部を没取することができる。
The same applies as in the preceding paragraph if a person whose bail has been rescinded, after receiving an order under Article 98-2, fails to appear without justifiable grounds, or flees.
If, after the pronouncement of a judgment imposing a sentence of imprisonment or a heavier sentence (limited to a judgment that does not render a suspended sentence for the whole of the imprisonment; the same applies hereinafter), a defendant who is on bail or whose execution of detention has been suspended flees, the court must, upon the request of a public prosecutor or on its own authority, rescind bail or the suspension of execution of detention by ruling.
拘禁刑以上の刑に処する判決（拘禁刑の全部の執行猶予の言渡しをしないものに限る。以下同じ。）の宣告を受けた後、保釈又は勾留の執行停止をされている被告人が逃亡したときは、裁判所は、検察官の請求により、又は職権で、決定で、保釈又は勾留の執行停止を取り消さなければならない。
If bail is rescinded pursuant to the preceding paragraph, the court must make a ruling to sequester the whole or part of the bail bond.
前項の規定により保釈を取り消す場合には、裁判所は、決定で、保証金の全部又は一部を没取しなければならない。
If a person whose bail has been rescinded, after receiving an order under Article 98-2, fails to appear without justifiable grounds or flees, and that person is one who has received the pronouncement of a judgment imposing a sentence of imprisonment or a heavier sentence, the court must make a ruling to sequester the whole or part of the bail bond; provided, however, that this does not apply when a person whose bail has been rescinded pursuant to paragraph (4) flees.
If a person granted bail, after receiving the pronouncement of a judgment imposing a sentence of imprisonment or a heavier sentence or a judgment imposing penal detention, fails to appear without justifiable grounds after receiving an order under Article 343-2 (including as applied mutatis mutandis pursuant to Article 404 (including as applied mutatis mutandis pursuant to Article 414; the same applies in Article 98-17, paragraph (1), items (ii) and (iv))) or flees (excluding a case where the person is on bail and a case where the person flees after bail has been rescinded), the court must, upon the request of a public prosecutor or on its own authority, and if the person is summoned for the execution of a sentence and fails to appear without justifiable grounds, upon the request of a public prosecutor, make a ruling to sequester the whole or part of the bail bond.
Read this with the articles around it
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.
penal detention
拘留
A short criminal punishment of being held in a penal institution (刑事施設) for one day to less than thirty days (Penal Code, Article 16, paragraph (1)). As with imprisonment (拘禁刑), the person may be made to do work or given guidance to help them reform (paragraph (2)). It ranks below a fine (罰金) and above a petty fine (科料) (Articles 9 and 10, paragraph (1)).
Written by AI using Penal Code, Arts. 9, 10, 16 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.
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.