Prosecution may be withdrawn up until the judgment of the first instance is rendered.

Where a public prosecutor considers that the case does not come within the jurisdiction of the court corresponding to the public prosecutor's office, such case must be sent to a public prosecutor of the public prosecutor's office corresponding to the competent court together with the documents and articles of evidence.

If a public prosecutor has made a disposition not to institute prosecution, the public prosecutor must promptly notify the suspect of this upon said suspect's request.

If a public prosecutor has instituted prosecution or made a disposition not to institute prosecution regarding a case with respect to which a criminal complaint, accusation or claim has been filed, the public prosecutor must notify the person who filed the criminal complaint, accusation or claim promptly. This also applies to cases where a public prosecutor has withdrawn the prosecution or has sent the case to a public prosecutor of another public prosecutor's office.

If a public prosecutor has made a disposition not to institute prosecution regarding a case with respect to which a criminal complaint, accusation or claim has been filed, the public prosecutor must promptly notify the reason for the disposition upon the request of the person who filed the criminal complaint, accusation or claim.

①If a person who has filed a criminal complaint or accusation regarding an offense set forth in Articles 193 to 196 of the Penal Code, Article 45 of the Subversive Activities Prevention Act (Act No. 240 of 1952), or Article 42 or 43 of the Act on Regulation of Organizations Which Have Committed Indiscriminate Mass Murder (Act No. 147 of 1999) is dissatisfied with the disposition not to institute prosecution made by a public prosecutor, the complainant or accuser may request the district court which has jurisdiction over the location of the public prosecutor's office to which that public prosecutor belongs to commit the case to a court for trial.

②The request set forth in the preceding paragraph must be made by submitting an application to the public prosecutor who made the disposition not to institute prosecution within 7 days from the day on which the notice set forth in Article 260 was received.

①The request set forth in paragraph (1) of the preceding Article may be withdrawn up until the decision set forth in Article 266 is rendered.

②The person who made the withdrawal set forth in the preceding paragraph may not make any request set forth in paragraph (1) of the preceding Article regarding the same case.

A public prosecutor must institute prosecution when said prosecutor deems the request set forth in Article 262, paragraph (1) to be reasonable.

①A trial and decision regarding the request set forth in Article 262, paragraph (1) must be conducted and rendered by a panel.

②The court may, when it is necessary, requisition a judge of a panel to investigate the facts, or commission a judge of a district or summary court to do so. In this case, an authorized judge or a commissioned judge has the same authority as a court or a presiding judge.

A court must render a ruling according to the following classifications when it receives a request set forth in Article 262, paragraph (1):

Where the decision set forth in item (ii) of the preceding Article has been rendered, prosecution regarding the case is deemed to have been instituted.

Where a court has rendered the decision set forth in Article 266, item (ii), notice to this effect must be given to the Committee for Inquest of Prosecution which is to conduct the inquest prescribed in Article 2, paragraph (1), item (i) of the Act on Committee for Inquest of Prosecution (Act No. 147 of 1948) or the Committee for Inquest of Prosecution which made the decision for institution of prosecution under Article 41-6, paragraph (1) of the same Act (after appointment pursuant to Article 41-9, paragraph (1) of the same Act of a person who is to be responsible for institution and maintenance of prosecution, to such person), where there exists such a committee for the same case.

①Where a case has been committed to trial pursuant to the provisions of Article 266, item (ii), the court must appoint a person who maintains the prosecution of such case from among attorneys.

②The attorney appointed as prescribed in the preceding paragraph exercises the same function as a public prosecutor in order to maintain the prosecution until the decision has become final and binding; provided however, that with regard to issuing orders to a public prosecutor's assistant officer or a judicial police official for investigation the appointed attorney must do so by commissioning a public prosecutor.

③The attorney who exercises the same function as a public prosecutor pursuant to the provisions of the preceding paragraph is deemed to be an official engaged in public service in accordance with laws and regulations.

④The court may cancel the appointment of the attorney set forth in paragraph (1) at any time if it finds that the attorney is not suitable to exercise the duties or there are any other special circumstances.

⑤The attorney appointed as set forth in paragraph (1) is given an allowance as provided in a Cabinet Order.

The court may, where the request set forth in Article 262, paragraph (1) is dismissed or withdrawn, order the person who made the request to compensate the whole or part of the costs arising from the procedures regarding the request on a ruling. An immediate appeal may be filed against such ruling.

①The public prosecutor may inspect and copy the documents and articles of evidence relating to trials after prosecution has been instituted.

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