Supplementary Provisions
附 則
This Act comes into effect as of the day on which 90 days have elapsed from the date of promulgation.
この法律は、公布の日から起算して九十日を経過した日から施行する。
In these Supplementary Provisions, "the New Act" means the Code of Criminal Procedure as amended by this Act, and "the former Act" means the Code of Criminal Procedure as it stood before.
この附則で、「新法」とは、この法律による改正後の刑事訴訟法をいい、「旧法」とは、従前の刑事訴訟法をいう。
Except where there is a special provision, the New Act also applies to matters that arose before the New Act came into effect; provided, however, that this does not preclude the effect that arose under the former Act.
In the case of the proviso to the preceding paragraph, court proceedings conducted under the former Act for which the New Act has a corresponding provision are deemed to have been conducted under the New Act.
With regard to the bearing of court costs in a case in which a request for a formal trial was made before the New Act came into effect and was withdrawn after the New Act came into effect, the provisions then in force continue to govern even after the New Act comes into effect.
新法施行前に正式裁判の請求をした事件で新法施行後にその取下のあつたものの訴訟費用の負担については、新法施行後も、なお従前の例による。
With regard to the examination of facts in the court of second instance in a case in which the period for submitting the statement of the reasons for appeal had already elapsed when the New Act came into effect, the proviso to Article 393, paragraph (1) of the former Act continues to apply even after the New Act comes into effect.
新法施行の際すでに控訴趣意書の差出期間を経過した事件の控訴裁判所における事実の取調については、新法施行後も、なお旧法第三百九十三条第一項但書の規定を適用する。
With regard to summary proceedings in a case in which a request for a summary order had already been made before the New Act came into effect, the provisions then in force continue to govern. The same applies to the period within which a request for a formal trial may be made.
新法施行前すでに略式命令の請求があつた事件の略式手続については、なお従前の例による。正式裁判の請求をすることができる期間についても、同様である。
With regard to a case under the first sentence of the preceding paragraph in which a transcript of the summary order has not been served on the defendant and two months have already elapsed from the day on which the request for a summary order was made before the New Act came into effect, the institution of prosecution is deemed to have lost its effect retroactively; provided, however, that this does not apply to a case in which the court had already decided, before the New Act came into effect, to try the case in accordance with regular provisions pursuant to Article 463 of the former Act, or a case in which a transcript of the summary order had already been served on the defendant before the New Act came into effect.
With regard to a case under the first sentence of paragraph (7) in which two months have not yet elapsed, when the New Act comes into effect, from the day on which the request for a summary order was made, the provisions of Article 463-2 of the New Act apply. In this case, the proviso to the preceding paragraph applies mutatis mutandis.
Even in a case in which a request for a summary order has not yet been made when the New Act comes into effect, with regard to a case in which a public prosecutor has already notified the suspect, when the New Act comes into effect, that the public prosecutor will request a summary order, a summary order may be issued, notwithstanding Article 461-2 and Article 462, paragraph (2) of the New Act, after seven days have elapsed from the day of that notification and where the suspect has no objection to the use of summary proceedings.
新法施行の際まだ略式命令の請求をしていない事件であつても、新法施行の際すでに検察官から被疑者に対し略式命令の請求をすることを告げているものについては、これを告げた日から七日を経過した後であつて、且つ、略式手続によることについて被疑者に異議がない場合には、新法第四百六十一条の二及び第四百六十二条第二項の規定にかかわらず、略式命令をすることができる。
the new Actmachine translation
「新法」
The Act as amended by the amendment these supplementary provisions belong to.
Defined inSupplementary Provisions, paragraph (2)
the former Actmachine translation
「旧法」
The Act as it stood before the amendment these supplementary provisions deal with.
Defined inSupplementary Provisions, 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.