Supplementary Provisions, Article 4
第四条
A public prosecutor or judicial police officer may, even before the date of enforcement of the provisions listed in Article 1, item (i) of the Supplementary Provisions, inform a suspect who has been arrested for, or against whom a detention warrant has been issued for, a case punishable by the death penalty, or by imprisonment with or without work for life or with a minimum term of one year or more, of the date of enforcement of the provisions listed in Article 1, item (i) of the Supplementary Provisions, and that, on or after that date, when the suspect for whom detention is requested or against whom a detention warrant has been issued is unable to appoint defense counsel on the suspect's own due to poverty or any other grounds, the suspect may request a judge to appoint defense counsel, that a report on personal financial resources must be submitted in order to request a judge to appoint defense counsel, and that, when the suspect's Financial Resources are the base amount or more, the suspect must have first made a request for the appointment of defense counsel 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.
検察官又は司法警察員は、附則第一条第一号に掲げる規定の施行の日前においても、死刑又は無期若しくは短期一年以上の懲役若しくは禁錮に当たる事件について逮捕され、又は勾留状が発せられている被疑者に対し、附則第一条第一号に掲げる規定の施行の日を告げ、その日以後、勾留を請求され、又は勾留状が発せられている被疑者が貧困その他の事由により自ら弁護人を選任することができないときは裁判官に対して弁護人の選任を請求することができる旨並びに裁判官に対して弁護人の選任を請求するには資力申告書を提出しなければならない旨及びその資力が基準額以上であるときは、あらかじめ、その勾留の請求を受けた裁判官の所属する裁判所の所在地を管轄する地方裁判所の管轄区域内に在る弁護士会に弁護人の選任の申出をしていなければならない旨を教示することができる。
With regard to a suspect who has been informed by a public prosecutor or judicial police officer pursuant to the provisions of the preceding paragraph, it is not necessary to inform the suspect again of the matters under the provisions of the preceding Article for that case.
Financial Resources
「資力」
The total of the cash, deposits and other similar assets a Cabinet Order (政令) sets that belong to a person.
Short name set inArticle 36-2, paragraph (1)
personal financial resources
「資力申告書」
A document reporting a person's financial resources (資力), the total of their cash, deposits and other similar assets a Cabinet Order (政令) sets, and their breakdown, which a defendant (and, under Article 37-3, a suspect) must submit when asking for defense counsel to be appointed by the court.
Defined inArticle 36-2, paragraph (1)
base amount
「基準額」
The amount, set by Cabinet Order (政令), that is taken as generally enough to pay a defense counsel's fees and expenses, allowing for standard living costs; a defendant or suspect whose financial resources (資力) reach it must first apply to a bar association for defense counsel before asking the court to appoint one.
Defined inArticle 36-3, paragraph (1)
imprisonment with work
懲役
A punishment the Penal Code had until Act No. 67 of 2022 came into force: being held in a penal institution (刑事施設) and made to do prescribed work, for life or for a fixed term of one month to twenty years (Penal Code, former Article 12). That Act replaced it and imprisonment without work (禁錮) with imprisonment (拘禁刑) (Act No. 67 of 2022, Article 2). An act committed before then is, as a rule, still punished as the law then stood (Act No. 68 of 2022, Article 441, paragraph (1)), and a person sentenced to it is treated, for the rules on a person's qualifications, as sentenced to imprisonment for the same term (Article 443, paragraph (1)).
Written by AI using Penal Code, former Art. 12, Act No. 67 of 2022, Art. 2 and Act No. 68 of 2022, Arts. 441, 443 as a reference.
imprisonment without work
禁錮
A punishment the Penal Code had until Act No. 67 of 2022 came into force: being held in a penal institution (刑事施設), for life or for a fixed term of one month to twenty years, without the prescribed work that imprisonment with work (懲役) carried (Penal Code, former Articles 12 and 13). That Act replaced both with imprisonment (拘禁刑) (Act No. 67 of 2022, Article 2). An act committed before then is, as a rule, still punished as the law then stood (Act No. 68 of 2022, Article 441, paragraph (1)), and a person sentenced to it is treated, for the rules on a person's qualifications, as sentenced to imprisonment for the same term (Article 443, paragraph (1)).
Written by AI using Penal Code, former Arts. 12, 13, Act No. 67 of 2022, Art. 2 and Act No. 68 of 2022, Arts. 441, 443 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.