If a public prosecutor who has received a suspect in a crime set forth in Article 70 has decided not to institute prosecution, and has received from an immigration control officer, with regard to that suspect, the presentation or notice set forth in any of the following items, the public prosecutor must take the measure specified in each of those items:
presentation of a written detention order or written deportation order: the measure of releasing the suspect and handing the suspect over to the immigration control officer; or
収容令書又は退去強制令書の提示 当該被疑者を釈放して入国警備官に引き渡す措置
notice of a decision on supervision measures prescribed in Article 44-2, paragraph (7) or a decision on supervision measures prescribed in Article 52-2, paragraph (6): the measure of releasing the suspect.
第四十四条の二第七項に規定する監理措置決定又は第五十二条の二第六項に規定する監理措置決定の通知 当該被疑者を釈放する措置
In the case prescribed in Article 62, paragraph (3) or (4), if the head of a correctional institution has received from an immigration control officer, with regard to a foreign national set forth in paragraph (1) of the same Article, the presentation or notice set forth in any of the following items, the head of the correctional institution must take the measure specified in each of those items:
presentation of a written detention order or written deportation order: the measure of handing the foreign national over to the immigration control officer at the same time as the foreign national is released; or
notice of a decision on supervision measures prescribed in Article 44-2, paragraph (7) or a decision on supervision measures prescribed in Article 52-2, paragraph (6): the measure of releasing the foreign national.
第四十四条の二第七項に規定する監理措置決定又は第五十二条の二第六項に規定する監理措置決定の通知 当該外国人を釈放する措置
Read this with the articles around it
foreign national
「外国人」
Anyone who does not hold Japanese nationality.
Defined inArticle 2, paragraph (1), item (i)· applies throughout the law
immigration control officer
「入国警備官」
The immigration official provided for in Article 61-3-2, who investigates violations and detains, escorts and removes people, among other duties.
Defined inArticle 2, paragraph (1), item (xiii)· applies throughout the law
decision on supervision measuresmachine translation
「監理措置決定」
A supervising immigration inspector's decision to place a foreign national under supervision measures instead of detention, or to release a detained person and place them under those measures.
Defined inArticle 44-2, paragraph (7)· applies only in this section and in Article 50, paragraph (2)
decision on supervision measuresmachine translation
「監理措置決定」
A supervising immigration inspector's decision to place a foreign national under supervision measures instead of detention, or to release a detained person and place them under those measures.
Defined inArticle 52-2, paragraph (6)· applies only in this section
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.