Supplementary Provisions, Article 5
第五条
A public prosecutor or judicial police officer may, even before the item (iii) Effective Date, inform an arrested suspect that the suspect may make a request for appointment of a defense counsel specifying an attorney, a legal professional corporation or a bar association, and of the person to which the request must be made.
検察官又は司法警察員は、第三号施行日前においても、逮捕されている被疑者に対し、弁護士、弁護士法人又は弁護士会を指定して弁護人の選任を申し出ることができる旨及びその申出先を教示することができる。
A suspect who has been informed pursuant to the provisions of the preceding paragraph need not be informed again with regard to that case pursuant to the provisions of paragraph (1) or (2) of the preceding Article.
The public prosecutor may, even before the item (iii) Effective Date, inform a suspect who is detained in a case prescribed in Article 37-2, paragraph (1) of the Act Before Amendment by Article 1 that the suspect may make a request for appointment of a defense counsel specifying an attorney, a legal professional corporation or a bar association, and of the person to which the request must be made.
検察官は、第三号施行日前においても、第一条による改正前の法第三十七条の二第一項に規定する事件について勾留されている被疑者に対し、弁護士、弁護士法人又は弁護士会を指定して弁護人の選任を申し出ることができる旨及びその申出先を教示することができる。
A suspect who has been informed pursuant to the provisions of the preceding paragraph need not be informed again with regard to that case pursuant to the provisions of paragraph (3) of the preceding Article and Article 2, paragraph (2) of the Supplementary Provisions.
The public prosecutor may, even before the item (iii) Effective Date, notify a detained suspect (excluding the suspect prescribed in paragraph (3)) that the suspect may appoint a defense counsel, and inform the suspect that the suspect may make a request for appointment of a defense counsel specifying an attorney, a legal professional corporation or a bar association, and of the person to which the request must be made.
A suspect who has been notified and informed pursuant to the provisions of the preceding paragraph need not be notified and informed again with regard to that case pursuant to the provisions of paragraph (4) of the preceding Article, or informed again pursuant to the provisions of Article 2, paragraph (2) of the Supplementary Provisions.
Act Before Amendment by Article 1machine translation
「第一条による改正前の法」
This Act as it stood before Article 1 of Act No. 54 of 2016 amended it.
Short name set inSupplementary Provisions, Article 3, paragraph (1)
item (iii) Effective Datemachine translation
「第三号施行日」
The date the provisions listed in Article 1, item (iii) of the supplementary provisions (附則) of the Act Partially Amending the Code of Criminal Procedure, etc. (Act No. 54 of 2016) come into effect, a date set by Cabinet Order (政令) within six months of that Act's promulgation (公布, its official publication).
Short name set inSupplementary Provisions, Article 3, paragraph (1)
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.