Supplementary Provisions, Article 8
第八条
A public prosecutor or judicial police officer may, even before the item (iv) Effective Date, notify a suspect who is arrested, or for whom 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 of the item (iv) Effective Date, and inform the suspect that, on or after the item (iv) Effective Date, if a suspect for whom a request for detention is made or a detention warrant has been issued 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 to appoint the defense counsel.
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 the preceding Article.
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)
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.