Supplementary Provisions, Article 7Transitional Measures Accompanying the Partial Amendment of the Code of Criminal Procedure Under the Provisions of Article 2
第七条（第二条の規定による刑事訴訟法の一部改正に伴う経過措置）
A judicial police officer must promptly inform a suspect who, at the time the provisions set forth in Article 1, item (iv) of the Supplementary Provisions come into effect, is actually arrested in a case other than a case prescribed in Article 37-2, paragraph (1) of the Code of Criminal Procedure prior to amendment by the provisions of Article 2 (hereinafter referred to as the "Act Before Amendment by Article 2") (excluding a person for whom the procedure of referral to a public prosecutor was carried out before the day on which the provisions set forth in that item come into effect (hereinafter referred to as the "item (iv) Effective Date")) of the matters prescribed in Article 203, paragraph (4) of the Code of Criminal Procedure as amended by the provisions of Article 2 (hereinafter in this Article referred to as the "Act as Amended by Article 2"); provided, however, that this does not apply if the suspect has a defense counsel or the suspect is released.
A public prosecutor must promptly inform a suspect who, at the time the provisions set forth in Article 1, item (iv) of the Supplementary Provisions come into effect, is actually arrested in a case other than a case prescribed in Article 37-2, paragraph (1) of the Act Before Amendment by Article 2 (excluding the suspect prescribed in the preceding paragraph and the following paragraph, and a suspect who has been informed pursuant to the provisions of Article 204, paragraph (3) of the Act Before Amendment by Article 2 as applied mutatis mutandis pursuant to Article 205, paragraph (5) of the Act Before Amendment by Article 2) of the matters prescribed in Article 204, paragraph (3) of the Act as Amended by Article 2; provided, however, that this does not apply if the suspect has a defense counsel or the suspect is released.
検察官は、附則第一条第四号に掲げる規定の施行の際現に第二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以外の事件について逮捕されている被疑者（前項及び次項に規定する被疑者並びに第二条による改正前の法第二百五条第五項において準用する第二条による改正前の法第二百四条第三項の規定による教示をされた被疑者を除く。）に対し、速やかに、第二条による改正後の法第二百四条第三項に規定する事項を教示しなければならない。ただし、被疑者に弁護人があるとき又は被疑者が釈放されたときは、この限りでない。
A public prosecutor must promptly inform a suspect for whom, at the time the provisions set forth in Article 1, item (iv) of the Supplementary Provisions come into effect, a detention warrant has been issued in a case other than a case prescribed in Article 37-2, paragraph (1) of the Act Before Amendment by Article 2 that, if the suspect is unable to personally appoint a defense counsel due to indigence or any other grounds, the suspect may request a judge to appoint a defense counsel; that when requesting the judge to appoint the defense counsel, the suspect must submit a report on personal financial resources; and that when the suspect's Financial Resources are equal to or more than the base amount, the suspect must have first requested a bar association (meaning the bar association to which the request under Article 31-2, paragraph (1) of the Act as Amended by Article 2 is to be made pursuant to the provisions of Article 37-3, paragraph (2) of the Act as Amended by Article 2; the same applies in paragraph (1) of the following Article) to appoint the defense counsel; provided, however, that this does not apply if the suspect has a defense counsel or the suspect is released.
検察官は、附則第一条第四号に掲げる規定の施行の際現に第二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以外の事件について勾留状が発せられている被疑者に対し、速やかに、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、弁護士会（第二条による改正後の法第三十七条の三第二項の規定により第二条による改正後の法第三十一条の二第一項の申出をすべき弁護士会をいう。次条第一項において同じ。）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しなければならない。ただし、被疑者に弁護人があるとき又は被疑者が釈放されたときは、この限りでない。
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)
Act Before Amendment by Article 2machine translation
「第二条による改正前の法」
This Act as it stood before Article 2 of Act No. 54 of 2016 amended it.
Short name set inSupplementary Provisions, Article 7, paragraph (1)
Act as Amended by Article 2machine translation
「第二条による改正後の法」
This Act as amended by Article 2 of Act No. 54 of 2016.
Short name set inSupplementary Provisions, Article 7, paragraph (1)· applies only in this article
item (iv) Effective Datemachine translation
「第四号施行日」
The date the provisions listed in Article 1, item (iv) 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 two years of that Act's promulgation (公布, its official publication).
Short name set inSupplementary Provisions, Article 7, paragraph (1)
bar associationmachine translation
「弁護士会」
In Article 7, paragraph (3) and Article 8, paragraph (1) of the supplementary provisions (附則) of Act No. 54 of 2016, the bar association to which, under Article 37-3, paragraph (2) of the Code as amended by Article 2 of that Act, a suspect whose financial resources (資力) reach the base amount (基準額) must first apply under Article 31-2, paragraph (1) for defense counsel before asking a judge to appoint one.
Defined inSupplementary Provisions, Article 7, paragraph (3)· applies only in this provision and in Supplementary Provisions, Article 8, 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.