第二百七十一条
Changes by (Act No. 39 of 2025)
The court must, when prosecution has been instituted, serve a transcript of the charging sheet on the defendant without delay.
裁判所は、公訴の提起があつたときは、遅滞なく起訴状の謄本を被告人に送達しなければならない。
Changes by (Act No. 39 of 2025)
When the transcript of the charging sheet is not served on the defendant within two months after the date of institution of prosecution, the institution of prosecution loses its effect retroactively.
公訴の提起があつた日から二箇月以内に起訴状の謄本が送達されないときは、公訴の提起は、さかのぼつてその効力を失う。
第二百七十一条の二
Changes by (Act No. 39 of 2025)
The public prosecutor may, if the public prosecutor finds it necessary with regard to the particulars identifying an individual of any of the following persons that are stated in the charging sheet, request the court to take measures to prevent those particulars identifying an individual from becoming known to the defendant through the service of the transcript of the charging sheet under paragraph (1) of the preceding Article.
the victim of any of the following cases;
次に掲げる事件の被害者
cases involving crimes under Article 176, Article 177, Article 179, Article 181, or Article 182 of the Penal Code, crimes under Article 225 or Article 226-2, paragraph (3) of that Code (limited to the part pertaining to the purpose of indecency or marriage; hereinafter the same applies in this (a)), crimes under Article 227, paragraph (1) of that Code (limited to the part pertaining to the purpose of aiding a person who has committed a crime under Article 225 or Article 226-2, paragraph (3) of that Code) or paragraph (3) of that Article (limited to the part pertaining to the purpose of indecency), or crimes under Article 241, paragraph (1) or (3) of that Code, or attempts of these crimes;
刑法第百七十六条、第百七十七条、第百七十九条、第百八十一条若しくは第百八十二条の罪、同法第二百二十五条若しくは第二百二十六条の二第三項の罪（わいせつ又は結婚の目的に係る部分に限る。以下このイにおいて同じ。）、同法第二百二十七条第一項（同法第二百二十五条又は第二百二十六条の二第三項の罪を犯した者を幇助する目的に係る部分に限る。）若しくは第三項（わいせつの目的に係る部分に限る。）の罪若しくは同法第二百四十一条第一項若しくは第三項の罪又はこれらの罪の未遂罪に係る事件
cases involving crimes under Article 60, paragraph (1) of the Child Welfare Act, crimes under Article 60, paragraph (2) of that Act pertaining to Article 34, paragraph (1), item (ix) of that Act, crimes under Articles 4 through 8 of the Act on Regulation and Punishment of Acts Relating to Child Prostitution and Child Pornography, and the Protection of Children, or crimes under Articles 2 through 6 of the Act on the Punishment of Acts of Photographing Sexual Poses, etc. and the Erasure, etc. of Electronic or Magnetic Records of Images of Sexual Poses Recorded on Seized Articles;
児童福祉法第六十条第一項の罪若しくは同法第三十四条第一項第九号に係る同法第六十条第二項の罪、児童買春、児童ポルノに係る行為等の規制及び処罰並びに児童の保護等に関する法律第四条から第八条までの罪又は性的な姿態を撮影する行為等の処罰及び押収物に記録された性的な姿態の影像に係る電磁的記録の消去等に関する法律第二条から第六条までの罪に係る事件
cases, other than the cases set forth in (a) and (b), in which it is found, from the mode of the crime, the state of the damage, and other circumstances, that there is a risk of any of the following if the particulars identifying an individual of the victim become known to the defendant
イ及びロに掲げる事件のほか、犯行の態様、被害の状況その他の事情により、被害者の個人特定事項が被告人に知られることにより次に掲げるおそれがあると認められる事件
risk that the reputation or peaceful social life of the victim or others will be seriously harmed;
被害者等の名誉又は社会生活の平穏が著しく害されるおそれ
in addition to what is set forth in (1), risk that an act will be committed that harms the body or property of the victim or the victim's relatives, or that threatens or confuses these persons;
（１）に掲げるもののほか、被害者若しくはその親族の身体若しくは財産に害を加え又はこれらの者を畏怖させ若しくは困惑させる行為がなされるおそれ
a person other than the persons set forth in the preceding item for whom it is found that there is a risk of any of the following if the particulars identifying an individual become known to the defendant
risk that the reputation or peaceful social life of that person will be seriously harmed;
その者の名誉又は社会生活の平穏が著しく害されるおそれ
in addition to what is set forth in (a), risk that an act will be committed that harms the body or property of that person or the person's relatives, or that threatens or confuses these persons.
イに掲げるもののほか、その者若しくはその親族の身体若しくは財産に害を加え又はこれらの者を畏怖させ若しくは困惑させる行為がなされるおそれ
Changes by (Act No. 39 of 2025)
A request under the preceding paragraph must be made by submitting to the court, upon the institution of prosecution, together with the charging sheet, an extract of the charging sheet or other document that substitutes for the transcript of the charging sheet, in which the particulars identifying an individual pertaining to the request are not stated, as one to be served on the defendant (hereinafter referred to as the "extract of the charging sheet, etc.").
Changes by (Act No. 39 of 2025)
In the case of the preceding paragraph, with regard to the extract of the charging sheet, etc., the charged facts are deemed to be the charged facts prescribed in Article 256, paragraph (3), and the provisions of that paragraph apply. In this case, the phrase "the facts constituting the offense must be specified as far as possible by the time, place and method" in that paragraph is deemed to be replaced with "the facts constituting the offense must be specified".
前項の場合には、起訴状抄本等については、その公訴事実を第二百五十六条第三項に規定する公訴事実とみなして、同項の規定を適用する。この場合において、同項中「できる限り日時、場所及び方法を以て罪となるべき事実」とあるのは、「罪となるべき事実」とする。
Changes by (Act No. 39 of 2025)
When the extract of the charging sheet, etc. has been submitted pursuant to paragraph (2), the court must, notwithstanding paragraph (1) of the preceding Article, serve the extract of the charging sheet, etc. on the defendant without delay. In this case, the phrase "transcript of the charging sheet" in Article 255 and paragraph (2) of the preceding Article is deemed to be replaced with "extract of the charging sheet, etc.".
第二百七十一条の三
Changes by (Act No. 39 of 2025)
When the public prosecutor submits the extract of the charging sheet, etc. pursuant to paragraph (2) of the preceding Article, if the defendant has defense counsel, the public prosecutor must submit to the court a transcript of the charging sheet to be served on the defense counsel.
Changes by (Act No. 39 of 2025)
When the transcript of the charging sheet has been submitted pursuant to the preceding paragraph, the court must, without delay, serve the transcript of the charging sheet on the defense counsel, subject to the condition that, of the particulars identifying an individual stated in the charging sheet, those not stated in the extract of the charging sheet, etc. not be made known to the defendant.
Changes by (Act No. 39 of 2025)
In the case prescribed in paragraph (1), if the public prosecutor finds that there is a risk that the measures under the preceding paragraph will not prevent the reputation or peaceful social life prescribed in paragraph (1), item (i), (c), (1) or item (ii), (a) of the preceding Article from being seriously harmed, or the acts prescribed in item (i), (c), (2) or item (ii), (b) of that paragraph, the public prosecutor may submit to the court, in lieu of the transcript of the charging sheet, an extract of the charging sheet, etc. to be served on the defense counsel.
Changes by (Act No. 39 of 2025)
When the extract of the charging sheet, etc. has been submitted pursuant to the preceding paragraph, the court must, without delay, serve the extract of the charging sheet, etc. on the defense counsel.
第二百七十一条の四
Changes by (Act No. 39 of 2025)
If defense counsel is appointed after the extract of the charging sheet, etc. has been submitted pursuant to Article 271-2, paragraph (2), the court must promptly notify the public prosecutor to that effect.
裁判所は、第二百七十一条の二第二項の規定による起訴状抄本等の提出があつた後に弁護人が選任されたときは、速やかに、検察官にその旨を通知しなければならない。
Changes by (Act No. 39 of 2025)
When the public prosecutor has received the notice under the preceding paragraph, the public prosecutor must promptly submit to the court a transcript of the charging sheet to be served on the defense counsel.
検察官は、前項の規定による通知を受けたときは、速やかに、裁判所に対し、弁護人に送達するものとして、起訴状の謄本を提出しなければならない。
Changes by (Act No. 39 of 2025)
When the transcript of the charging sheet has been submitted pursuant to the preceding paragraph, the court must, without delay, serve the transcript of the charging sheet on the defense counsel, subject to the condition that, of the particulars identifying an individual stated in the charging sheet, those not stated in the extract of the charging sheet, etc. not be made known to the defendant.
Changes by (Act No. 39 of 2025)
In the case prescribed in paragraph (2), if the public prosecutor finds that there is a risk that the measures under the preceding paragraph will not prevent the reputation or peaceful social life prescribed in Article 271-2, paragraph (1), item (i), (c), (1) or item (ii), (a) from being seriously harmed, or the acts prescribed in item (i), (c), (2) or item (ii), (b) of that paragraph, the public prosecutor may submit to the court, in lieu of the transcript of the charging sheet, an extract of the charging sheet, etc. to be served on the defense counsel.
Changes by (Act No. 39 of 2025)
When the extract of the charging sheet, etc. has been submitted pursuant to the preceding paragraph, the court must, without delay, serve the extract of the charging sheet, etc. on the defense counsel.
第二百七十一条の五
When the court has taken measures under Article 271-2, paragraph (4), if it finds that any of the following items applies, it must, upon the request of the defendant or the defense counsel, render a ruling to the effect that all or part of the particulars identifying an individual pertaining to those measures are to be notified to the defendant.
裁判所は、第二百七十一条の二第四項の規定による措置をとつた場合において、次の各号のいずれかに該当すると認めるときは、被告人又は弁護人の請求により、当該措置に係る個人特定事項の全部又は一部を被告人に通知する旨の決定をしなければならない。
the case specified in (a) or (b), as the case may be, according to the category of particulars identifying an individual set forth in (a) or (b);
イ又はロに掲げる個人特定事項の区分に応じ、当該イ又はロに定める場合であるとき。
particulars identifying an individual of the victim: if the crime pertaining to the case pertaining to the measures does not fall under those prescribed in Article 271-2, paragraph (1), item (i), (a) and (b), and the case pertaining to the measures does not fall under those set forth in (c) of that item;
被害者の個人特定事項 当該措置に係る事件に係る罪が第二百七十一条の二第一項第一号イ及びロに規定するものに該当せず、かつ、当該措置に係る事件が同号ハに掲げるものに該当しないとき。
particulars identifying an individual of a person other than the victim: if the person pertaining to the measures does not fall under the persons set forth in Article 271-2, paragraph (1), item (ii);
被害者以外の者の個人特定事項 当該措置に係る者が第二百七十一条の二第一項第二号に掲げる者に該当しないとき。
if the measures are likely to substantially harm the defense of the defendant.
当該措置により被告人の防御に実質的な不利益を生ずるおそれがあるとき。
When the court has taken measures under Article 271-3, paragraph (4) or paragraph (5) of the preceding Article, if it finds that any of the following items applies, it must, upon the request of the defendant or the defense counsel, render a ruling to the effect that all or part of the particulars identifying an individual pertaining to the measures are to be notified to the defense counsel, subject to the condition that the defense counsel must not make those particulars identifying an individual known to the defendant.
裁判所は、第二百七十一条の三第四項又は前条第五項の規定による措置をとつた場合において、次の各号のいずれかに該当すると認めるときは、被告人又は弁護人の請求により、弁護人に対し、当該措置に係る個人特定事項を被告人に知らせてはならない旨の条件を付して当該個人特定事項の全部又は一部を通知する旨の決定をしなければならない。
if it is possible, through the measures under Article 271-3, paragraph (2) or paragraph (3) of the preceding Article, to prevent the reputation or peaceful social life prescribed in Article 271-2, paragraph (1), item (i), (c), (1) and item (ii), (a) from being seriously harmed and to prevent the acts prescribed in item (i), (c), (2) and item (ii), (b) of that paragraph;
第二百七十一条の三第二項又は前条第三項の規定による措置によつて、第二百七十一条の二第一項第一号ハ（１）及び第二号イに規定する名誉又は社会生活の平穏が著しく害されること並びに同項第一号ハ（２）及び第二号ロに規定する行為を防止できるとき。
if the measures are likely to substantially harm the defense of the defendant.
当該措置により被告人の防御に実質的な不利益を生ずるおそれがあるとき。
If the court makes a ruling for the requests under the preceding two paragraphs, the court must hear the opinion of the public prosecutor.
裁判所は、前二項の請求について決定をするときは、検察官の意見を聴かなければならない。
Changes by (Act No. 39 of 2025)
The notice pertaining to a ruling under paragraph (1) or paragraph (2) is to be given by the court by means of a document stating the particulars identifying an individual that are to be notified by that ruling.
An immediate appeal may be filed against a ruling made on a request under paragraph (1) or paragraph (2).
particulars identifying an individualmachine translation
「個人特定事項」
A person's name, address or any other matter that would identify an individual.
Defined inArticle 201-2, paragraph (1)
victim or othersmachine translation
「被害者等」
A victim, or, where the victim has died or has a serious physical or mental disability, the victim's spouse, lineal relative (直系の親族) or brother or sister.
Defined inArticle 201-2, paragraph (1), item (i), (c), (1)
extract of the charging sheet, etc.machine translation
「起訴状抄本等」
An extract of the charging sheet (起訴状) with the particulars identifying an individual (個人特定事項) concerned left out, or another document in place of a copy of it, which a public prosecutor submits with the charging sheet when instituting prosecution, to be served on the defendant, when asking the court under Article 271-2 to keep those particulars from the defendant.
Short name set inArticle 271-2, paragraph (2)
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.