Chapter IV Counsel and Assistants

①The defendant or the suspect may appoint defense counsel at any time.

②The legal representative, curator, spouse, lineal relative or sibling of the defendant or suspect may independently appoint defense counsel.

①A defense counsel must be appointed from among attorneys.

②In a summary court or district court, any person who is not an attorney may, with the permission of the court, be appointed to be a defense counsel; provided, however, that in a district court this applies only when there is another defense counsel appointed from among attorneys.

①The defendant or suspect who intends to appoint defense counsel may make a request to the bar association for the appointment of defense counsel.

②If the bar association has been requested as prescribed in the preceding paragraph, it must promptly introduce prospective defense counsel from among the attorneys belonging to the bar association.

③If there are no prospective defense counsel as prescribed in the preceding paragraph, the bar association must promptly notify the person who made the request to such effect. The same also applies when the attorney who was introduced as prescribed in the preceding paragraph refuses the request for appointment of defense counsel made by the defendant or suspect.

①The appointment of defense counsel made prior to the institution of prosecution has its effect also in the trial of first instance.

②The appointment of defense counsel after the institution of prosecution must be made at each instance.

If there is more than one defense counsel for the defendant, a chief defense counsel must be designated pursuant to the Rules of Court.

The authority of the chief defense counsel prescribed in the preceding Article is provided by the Rules of Court.

The court may limit the number of defense counsel of the defendant or the suspect pursuant to the Rules of Court; provided, however, that with regard to the defense counsel for the defendant, this applies only when special circumstances exist.

When the defendant is unable to appoint defense counsel due to indigency or other reasons, the court must appoint defense counsel for the defendant upon request; provided, however, that this does not apply when defense counsel has been appointed by a person other than the defendant.

Except in cases requiring defense counsel as set forth pursuant to this Code, when making the request as prescribed in the preceding Article, the defendant must submit a report on personal financial resources (meaning a document reporting the total amount of cash, savings and other assets equivalent thereto provided for by Cabinet Order of such person (hereinafter referred to as "Financial Resources") and the breakdown of said Financial Resources; the same applies hereinafter).

①Except in cases requiring defense counsel as set forth pursuant to this Code, where the defendant, whose Financial Resources are equal to or more than the base amount (meaning the amount provided for by Cabinet Order as an amount generally sufficient enough to cover the remuneration and expenses of the defense counsel after taking into account the average necessary cost of living; the same applies hereinafter), is to make the request set forth in Article 36, said defendant must first have made the request set forth in Article 31-2, paragraph (1) to the bar association within the jurisdictional district of the district court which has jurisdiction over the place where the court to which the request is to be made is located.

②Where the bar association, which received the request set forth in Article 31-2, paragraph (1) pursuant to the provisions of the preceding paragraph, has given the notification under the provisions of paragraph (3) of the same Article, it must notify the district court set forth in the preceding paragraph or the court where the case is pending to such effect.

The court may appoint defense counsel ex-officio if there is no defense counsel for the defendant when:

①If a detention warrant is issued against a suspect and the suspect is unable to appoint a defense counsel due to indigence or any other grounds, a judge must appoint a defense counsel for the suspect upon request; provided, however, that this does not apply when the defense counsel is appointed by a person other than the suspect, or the suspect is released.

②A request under the preceding paragraph may also be made by a suspect whose detention has been requested.

①A report on personal financial resources must be submitted when making the request set forth in paragraph (1) of the preceding Article.

②If a suspect, whose Financial Resources are equal to or more than the base amount, is to make the request set forth in paragraph (1) of the preceding Article, said suspect must have first made the request set forth in Article 31-2, paragraph (1) to the bar association within the jurisdictional district of the district court which has jurisdiction over the place where the court to which the judge who received the request for detention belongs is located.

③Where the bar association, which received the request set forth in Article 31-2, paragraph (1) pursuant to the provisions of the preceding paragraph, has given the notification under the provisions of paragraph (3) of the same Article, it must notify the district court set forth in the preceding paragraph to such effect.

If a detention warrant has been issued against a suspect and the suspect has no defense counsel, a judge may appoint a defense counsel ex officio when finding it necessary with regard to the suspect who is suspected of having difficulty in judging whether or not the defense counsel is required due to mental disability or any other grounds; provided, however, that this does not apply when the suspect is released.

If the judge is to appoint or has appointed the defense counsel provided for in the provisions of Article 37-2, paragraph (1) or in the preceding Article with regard to a case punishable by the death penalty or imprisonment for life, when said judge deems it to be particularly necessary, said judge may appoint one more defense counsel ex officio; provided however, that this does not apply when the suspect has been released.

①The defense counsel to be appointed by the court, the presiding judge or a judge based on the provisions of this Code must be appointed from among attorneys.

②The defense counsel who is appointed pursuant to the provisions of the preceding paragraph is entitled to travel expenses, a daily allowance, accommodation fees and remuneration.

The appointment of defense counsel by a judge ceases to be effective if the suspect has been released with regard to the case to which the counsel has been appointed; provided however, that this does not apply if such release is due to suspension of the execution of detention.

①Where the court finds that any of the following items applies, it may dismiss the defense counsel who was appointed by the court, the presiding judge or a judge:

②When dismissing the defense counsel, said defense counsel's opinion must be heard in advance.

③When dismissing the defense counsel, such dismissal must be conducted so as not to unduly restrict the rights of the defendant.

④Prior to the institution of prosecution, the dismissal of the defense counsel appointed by a judge is conducted by a judge. In this case, the provisions of the preceding three paragraphs apply mutatis mutandis.

Any person who has submitted a report on personal financial resources that contains a false statement with regard to Financial Resources for the purpose of causing the court or the judge to reach a mistaken judgment is punished by a non-criminal fine of not more than 100,000 yen.

①The defendant or the suspect in custody may, without any official being present, have an interview with, or send to or receive documents or articles from defense counsel or prospective defense counsel upon the request of a person entitled to appoint defense counsel (with regard to a person who is not an attorney, this applies only after the permission prescribed in Article 31, paragraph (2) has been obtained).

②With regard to the interview or the sending or receiving of documents or articles prescribed in the preceding paragraph, such measures may be provided by laws and regulations (including the Rules of Court; the same applies hereinafter) as are necessary to prevent the flight of the defendant or the suspect, the concealment or destruction of evidence, or the sending or receiving of articles which may hinder safe custody.

③A public prosecutor, public prosecutor's assistant officer or judicial police official ("judicial police official" means both a judicial police officer and a judicial police constable; the same applies hereinafter) may, when it is necessary for investigation, designate the date, place and time of the interview or sending or receiving of documents or articles prescribed in paragraph (1) only prior to the institution of prosecution; provided however, that such designation must not unduly restrict the rights of the suspect to prepare for defense.

①A defense counsel may, after the institution of prosecution, inspect and copy documents relating to the trial (including the records of litigation prescribed in Article 2, paragraph (1) of the Act on Final Criminal Case Records (Act No. 64 of 1987) (limited to those after the conclusion of the trial); the same applies hereinafter except in Article 47) and articles of evidence in a court; provided, however, that the defense counsel must obtain permission from the presiding judge when copying the articles of evidence.

②Notwithstanding the provisions of the preceding paragraph, the recording medium provided in Article 157-6, paragraph (5) may not be copied.

A defense counsel may undertake a procedural action independently only when otherwise provided for in this Code.

①The legal representative, curator, spouse, lineal relative or sibling of the defendant may become an authorized assistant at any time.

②In order to become an authorized assistant, notification must be given at each instance.

③An authorized assistant may undertake a procedural action that the defendant is able to undertake insofar as it is not contrary to the intent expressed by the defendant; provided however, that this does not apply when otherwise provided for in this Code.