第二百四十七条
Prosecution is filed by a public prosecutor.
公訴は、検察官がこれを行う。
第二百四十八条
Where prosecution is deemed unnecessary owing to the character, age, and environment of the offender, the gravity and circumstances of the offense, and the situation after the offense, prosecution need not be instituted.
犯人の性格、年齢及び境遇、犯罪の軽重及び情状並びに犯罪後の情況により訴追を必要としないときは、公訴を提起しないことができる。
第二百四十九条
Prosecution does not take effect against a person other than the defendant specified by a public prosecutor.
公訴は、検察官の指定した被告人以外の者にその効力を及ぼさない。
第二百五十条
The statute of limitations is completed upon the lapse of the following time periods with regard to crimes causing the death of a person and punishable with imprisonment:
時効は、人を死亡させた罪であつて拘禁刑に当たるものについては、次に掲げる期間を経過することによつて完成する。
30 years for crimes punishable with imprisonment for life;
無期拘禁刑に当たる罪については三十年
20 years for crimes punishable with imprisonment whose maximum term is 20 years;
長期二十年の拘禁刑に当たる罪については二十年
10 years for crimes other than the crimes provided for in the preceding two items.
前二号に掲げる罪以外の罪については十年
The statute of limitations is completed upon the lapse of the following time periods with regard to crimes other than those causing the death of a person and punishable with imprisonment or a greater punishment:
時効は、人を死亡させた罪であつて拘禁刑以上の刑に当たるもの以外の罪については、次に掲げる期間を経過することによつて完成する。
25 years for offenses punishable by the death penalty;
死刑に当たる罪については二十五年
15 years for offenses punishable with imprisonment for life;
無期拘禁刑に当たる罪については十五年
10 years for offenses punishable with imprisonment whose maximum term is 15 years or more;
長期十五年以上の拘禁刑に当たる罪については十年
7 years for offenses punishable with imprisonment whose maximum term is less than 15 years;
長期十五年未満の拘禁刑に当たる罪については七年
5 years for offenses punishable with imprisonment whose maximum term is less than 10 years;
長期十年未満の拘禁刑に当たる罪については五年
3 years for offenses punishable with imprisonment whose maximum term is less than 5 years or with a fine;
長期五年未満の拘禁刑又は罰金に当たる罪については三年
1 year for offenses punishable with penal detention or with a petty fine.
拘留又は科料に当たる罪については一年
Notwithstanding the provisions of the preceding paragraph, the statute of limitations for the crimes set forth in each of the following items is completed upon the lapse of the period prescribed in that item.
前項の規定にかかわらず、次の各号に掲げる罪についての時効は、当該各号に定める期間を経過することによつて完成する。
Crimes under Article 181 of the Penal Code (limited to cases of causing injury to a person) or Article 241, paragraph (1) of that Code, or crimes under Article 4 of the Act on the Prevention and Disposition of Robbery and Theft (Act No. 9 of 1930) (limited to the part pertaining to crimes under that paragraph): 20 years;
刑法第百八十一条の罪（人を負傷させたときに限る。）若しくは同法第二百四十一条第一項の罪又は盗犯等の防止及び処分に関する法律（昭和五年法律第九号）第四条の罪（同項の罪に係る部分に限る。） 二十年
Crimes under Article 177 or Article 179, paragraph (2) of the Penal Code, or attempts of these crimes: 15 years;
Crimes under Article 176 or Article 179, paragraph (1) of the Penal Code, or attempts of these crimes, or crimes under Article 60, paragraph (1) of the Child Welfare Act (limited to those pertaining to causing a person to engage in obscene conduct with oneself as the opponent): 12 years.
Notwithstanding the preceding two paragraphs, for the crimes set forth in the items of the preceding paragraph, if the victim was under 18 years of age at the time the criminal act ceased, the statute of limitations is completed upon the lapse of the period specified in each of those items with the addition of a period equivalent to the period from the time the criminal act ceased until the day on which the victim reaches 18 years of age.
第二百五十一条
Regarding offenses punishable by concurrent imposition of two or more principal punishments or by the imposition of one of two or more principal punishments, the provisions of the preceding Article apply with reference to the heaviest punishment.
二以上の主刑を併科し、又は二以上の主刑中その一を科すべき罪については、その重い刑に従つて、前条の規定を適用する。
第二百五十二条
When a punishment is to be increased or reduced pursuant to the Penal Code, the provisions of Article 250 apply with reference to the punishment which has not been increased or reduced.
第二百五十三条
The statute of limitations runs from the time that the criminal act ceased.
時効は、犯罪行為が終つた時から進行する。
Regarding cases of complicity, the statute of limitations, with respect to all accomplices, runs from the time when the final act ceased.
共犯の場合には、最終の行為が終つた時から、すべての共犯に対して時効の期間を起算する。
第二百五十四条
The statute of limitations ceases to run on the institution of prosecution against the case concerned, and begins to run when a decision notifying jurisdictional incompetence or dismissing the prosecution has become final and binding.
時効は、当該事件についてした公訴の提起によつてその進行を停止し、管轄違又は公訴棄却の裁判が確定した時からその進行を始める。
The suspension of the statute of limitations because of the institution of prosecution against one of the accomplices takes effect against the other accomplices. In this case, the suspended period runs from when the decision on the case has become final and binding.
共犯の一人に対してした公訴の提起による時効の停止は、他の共犯に対してその効力を有する。この場合において、停止した時効は、当該事件についてした裁判が確定した時からその進行を始める。
第二百五十五条
Changes by (Act No. 39 of 2025)
If an offender is outside Japan or said offender is in hiding, making it impossible to serve a transcript of the charging sheet or notify the summary order, the statute of limitations is suspended during the period when the offender is outside Japan or is in hiding.
犯人が国外にいる場合又は犯人が逃げ隠れているため有効に起訴状の謄本の送達若しくは略式命令の告知ができなかつた場合には、時効は、その国外にいる期間又は逃げ隠れている期間その進行を停止する。
Changes by (Act No. 39 of 2025)
Provisions are laid down in the Rules of Court for the particulars necessary in proving the absence of the offender from Japan or said offender being in hiding, which made the service of the transcript of charging sheet or notification of the summary order impossible.
犯人が国外にいること又は犯人が逃げ隠れているため有効に起訴状の謄本の送達若しくは略式命令の告知ができなかつたことの証明に必要な事項は、裁判所の規則でこれを定める。
第二百五十六条
Prosecution must be instituted by submitting the charging sheet to the court.
公訴の提起は、起訴状を提出してこれをしなければならない。
the name of the defendant and other particulars necessary to specify the defendant;
被告人の氏名その他被告人を特定するに足りる事項
the charged facts;
公訴事実
the charged offense.
罪名
Changes by (Act No. 39 of 2025)
The charged facts must be described with clarified counts. To clarify the counts, the facts constituting the offense must be specified as far as possible by the time, place and method.
公訴事実は、訴因を明示してこれを記載しなければならない。訴因を明示するには、できる限り日時、場所及び方法を以て罪となるべき事実を特定してこれをしなければならない。
Changes by (Act No. 39 of 2025)
The charged offense must be described with applicable penal statutes; provided however, that errors in the enumeration of such statutes do not affect the validity of institution of prosecution as long as there is no fear that they may create any substantial disadvantage to the defense of the defendant.
罪名は、適用すべき罰条を示してこれを記載しなければならない。但し、罰条の記載の誤は、被告人の防禦に実質的な不利益を生ずる虞がない限り、公訴提起の効力に影響を及ぼさない。
Several counts and applicable penal statutes may be entered in a subsidiary or alternative way.
数個の訴因及び罰条は、予備的に又は択一的にこれを記載することができる。
Changes by (Act No. 39 of 2025)
No documents or other articles which may cause the judge to be prejudiced are to be attached or referred to in the charging sheet.
起訴状には、裁判官に事件につき予断を生ぜしめる虞のある書類その他の物を添附し、又はその内容を引用してはならない。
第二百五十六条の二
The public prosecutor must, simultaneously with the institution of prosecution, submit to the court a transcript of the charging sheet to be served on the defendant; provided, however, that if there are unavoidable circumstances, it suffices to submit it promptly after the institution of prosecution.
検察官は、公訴の提起と同時に、被告人に送達するものとして、起訴状の謄本を裁判所に提出しなければならない。ただし、やむを得ない事情があるときは、公訴の提起後速やかにこれを提出すれば足りる。
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.
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.
petty fine
科料
The lightest criminal punishment: paying 1,000 yen or more but less than 10,000 yen (Penal Code, Articles 9, 10 and 17). A person who cannot pay it in full is held in a workhouse (労役場) for one day to thirty days (Article 18, paragraph (2)).
Written by AI using Penal Code, Arts. 9, 10, 17, 18 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.
service
送達
The delivery of a document in a court proceeding, such as a lawsuit, to the person it is for, by a procedure the law lays down: unless a provision says otherwise, the court carries it out of its own motion, the court clerk handles the work (Code of Civil Procedure, Article 98), and the person who effects it reports on it to the court in writing (Article 100, paragraph (1)); the complaint must be served on the defendant (Article 138, paragraph (1)), and the judgment on the parties (Article 255, paragraph (1)). A document is served by post or by a court enforcement officer (執行官) (Article 101, paragraph (1)), as a rule by handing it to the person (Article 102-2), at their address, residence, place of business or office, or at their workplace where those are unknown or service there meets an obstacle (Article 103); each party, legal representative and litigation representative (訴訟代理人) must tell the court a place in Japan where they are to be served (Article 104, paragraph (1)), and service abroad is made at the presiding judge's request to that country's authorities or to a Japanese ambassador, minister or consul there (Article 108). If the person is not found at a place other than their workplace, the document may be handed to an employee or a person living with them who can be trusted to receive it, and if it is refused without a legitimate reason it may be left there (Article 106, paragraphs (1) and (3)); where it cannot be served in those ways, the court clerk may send it by registered mail, and it counts as served when it is sent (Article 107, paragraphs (1) and (3)). An electronic record can also be served through the courts' electronic system on a person who has registered for it, by making it available to them and sending them a notice, and that service takes effect when they view it or save it to their computer, or one week after the notice was sent, whichever comes first (Articles 109-2, paragraph (1), and 109-3, paragraph (1)); a person who must make filings online, such as a litigation representative (訴訟代理人) entrusted with the case, can be served this way even without registering, and without a notice, the week then running from when the record was made available (Articles 109-4 and 132-11, paragraph (1)). Where a party's address or other place for service is unknown, among other cases, the court clerk may serve by publication (公示送達), on petition or where the court orders it, and serves the same party by publication again of the clerk's own motion, as a rule (Article 110, paragraphs (1) to (3)): that the clerk holds the document and will hand it over at any time is made available for anyone to view, by a method the Supreme Court's rules (最高裁判所規則) set, and posted on the court's notice board or shown on a screen at the court (Article 111), and service takes effect two weeks after that begins, or six weeks for service to be made abroad, though one made again of the clerk's own motion takes effect the day after it begins (Article 112, paragraphs (1) and (2)). Some time limits run from service: an appeal to the court of second instance (控訴), for one, must be filed within two weeks of the day the judgment is served (Article 285).
Written by AI using Code of Civil Procedure, Arts. 98, 100 to 104, 106 to 112, 132-11, 138, 255, 285 as a reference.