Chapter II Juvenile Protection Cases (Articles 28 to 39)
The law as Act Partially Amending the Code of Criminal Procedure, etc. to Respond to Advances in Information and Communications Technology, etc. (Act No. 39 of 2025) leaves it, with the words it changes marked.
The main text is read a page at a time: a chapter to a page, and a long chapter in runs of articles. The whole main text, and the supplementary provisions and appended tables this amendment changes. Those it leaves untouched are on the page for the text in force.
Article 28第二十八条
Submission of Reports and Opinions(報告と意見の提出)
Article 28, paragraph (1)
When the family court has given a ruling prescribed in Article 24 or 25, it may request that the institution, organization, individual, probation office, child welfare institution or juvenile training school to submit reports and opinions concerning the juvenile.
When a family court requests correctional guidance from an appropriate institution, organization or individual as a measure prescribed in Article 25, paragraph (2), item (iii), the family court may pay all or part of the expenses incurred to the institution, organization or individual.
The provisions in laws and regulations concerning the costs of criminal proceedings apply mutatis mutandis to the travel expenses, daily allowances, accommodation fees and other costs payable to witnesses, expert witnesses, translators and interpreters.
A person of reference may request their travel expenses, daily allowances and accommodation fees.
参考人は、旅費、日当、宿泊料を請求することができる。
Article 30, paragraph (3)
The costs payable to the person of reference are deemed as costs payable to the witness, and the provisions of paragraph (1) is to be applied.
参考人に支給する費用は、これを証人に支給する費用とみなして、第一項の規定を適用する。
Article 30, paragraph (4)
The amounts of travel expenses, daily allowances, accommodation fees and remuneration payable to an attendant pursuant to the provisions of Article 22-3, paragraph (4) is governed by the provisions of Article 38, paragraph (2) of the Code of Criminal Procedure concerning those payable to a defense counsel.
When the family court has a volunteer probation officer or a commissioned child welfare volunteer provide assistance in investigation and observation pursuant to the provisions of Article 16, paragraph (1), the family court may pay all or part of its costs as prescribed by the Supreme Court.
The family court may collect from the juvenile, or the person having a duty to support the juvenile, all or part of the travel expenses, daily allowances, accommodation fees and other costs paid to witnesses, expert witnesses, interpreters, translators, person of reference, attendants appointed pursuant to the provisions of Article 22-3, paragraph (3) (including if it is applied mutatis mutandis pursuant to Article 22-5, paragraph (4)) and those commissioned to give correctional guidance, and the costs incurred by the juvenile classification home and juvenile training school.
With regard to the collection of the costs prescribed in the preceding paragraph, the provisions of Article 121, paragraphs (1), (2) and (4) of the Non-Contentious Case Procedures Act (Act No. 51 of 2011) and Article 508, paragraph (1), main clause and paragraph (2), and Article 514 of the Code of Criminal Procedure apply mutatis mutandis. In this case, the term "public prosecutor" in Article 121, paragraph (1) of the Non-Contentious Case Procedures Act is deemed to be replaced with "family court".
Upon request from the victim, etc. of the case involving a juvenile as prescribed in Article 3, paragraph (1), item (i) or (ii), pursuant to the Rules of the Supreme Court, the family court is to give the following notice of matters to the person that filed the request if the court has given a ruling to close the case; provided, however, that this does not apply if the court finds the giving of that notice is likely to hinder sound development of the juvenile and is inappropriate:
name and residence of the juvenile and the statutory agent of the juvenile (if the statutory agent is a corporation, its name or trade name and the location of its main office or headquarters);
date of the ruling, the main text and summary of the reasons.
決定の年月日、主文及び理由の要旨
Article 31-2, paragraph (2)
The request stated in the preceding paragraph may not be filed after three years have passed since the ruling prescribed in that paragraph has become final and binding.
前項の申出は、同項に規定する決定が確定した後三年を経過したときは、することができない。
Article 31-2, paragraph (3)
The provisions of Article 5-2, paragraph (3) apply mutatis mutandis to the person who received the information pursuant to the provisions of paragraph (1).
第五条の二第三項の規定は、第一項の規定により通知を受けた者について、準用する。
Section 4 Appeal第四節 抗告
Article 32第三十二条
Appeal(抗告)
Article 32, paragraph (1)
The juvenile, legal representative, or attendant may file an appeal against a ruling imposing disposition for rehabilitation of an adjudicated delinquent within two weeks, only if the appeal is based on a violation of laws and regulations that affect the ruling, or if a serious inaccuracy of facts or a gross injustice in the disposition is found; provided, however, that the attendant may not file an appeal that is contrary to the intent clearly indicated by the parent or guardian who appointed the attendant.
Scope of Investigation by the Court in Charge of an Appeal(抗告裁判所の調査の範囲)
Article 32-2, paragraph (1)
The court in charge of an appeal is to investigate only the matters included in the reasons for the appeal.
抗告裁判所は、抗告の趣意に含まれている事項に限り、調査をするものとする。
Article 32-2, paragraph (2)
The court in charge of an appeal, by the court's own authority, may investigate any grounds for the appeal, even if the matters are not included in the reasons for the appeal.
Examination of Facts by the Court in Charge of an Appeal(抗告裁判所の事実の取調べ)
Article 32-3, paragraph (1)
The court in charge of an appeal may examine the facts when it is necessary to give a ruling.
抗告裁判所は、決定をするについて必要があるときは、事実の取調べをすることができる。
Article 32-3, paragraph (2)
The court in charge of an appeal may have a member of the panel of judges perform the examination prescribed in the preceding paragraph, or delegate it to a judge of a family court.
If a ruling is made as prescribed in Article 22-2, paragraph (1), a public prosecutor may file a request for acceptance of an appeal which may be filed with the high court within two weeks regarding the ruling to impose or not to impose the disposition for rehabilitation of an adjudicated delinquent by the court of second instance, only if the appeal is based on a violation of laws and regulations that affect the ruling, or if a serious inaccuracy of facts is found concerning the fact finding on the delinquent act, for the case that the ruling prescribed in that paragraph is given.
Article 32-4, paragraph (2)(抗告受理の申立て)(Request for Acceptance of an Appeal)Changed
The request pursuant to the provisions of the preceding paragraph (referred to as "request for acceptance of an appeal" below) must be filed by a written request to the court of prior instance. In this case, the court of prior instance must promptly transfer it to a high court.
Article 32-4, paragraph (3)(抗告受理の申立て)(Request for Acceptance of an Appeal)Added
The court of prior instance that has received a request for acceptance of an appeal must promptly transfer to the high court, according to the category of case set forth in each of the following items, what is specified in that item:
Article 32-4, paragraph (3), item (i)(抗告受理の申立て)(Request for Acceptance of an Appeal)Added
When a request for acceptance of an appeal is filed by the method prescribed in Article 5-4, paragraph (1): an electronic or magnetic record of the matters to be stated in the written request that are recorded in the file (in the case of the proviso to Article 5-5, a document or electronic or magnetic record in which the matters to be stated in the written request that are recorded on the recording medium referred to in that Article are stated or recorded);
Article 32-4, paragraph (3), item (ii)(抗告受理の申立て)(Request for Acceptance of an Appeal)Added
When a request for acceptance of an appeal is filed by submission of a written request: an electronic or magnetic record of the matters stated in that written request (in the case of the proviso to Article 5-5, that written request).
Article 32-4, paragraph (6)(抗告受理の申立て)(Request for Acceptance of an Appeal)Changed
The high court must give the ruling prescribed in paragraph (3)(4) within two weeks from the date on which the court received the written request prescribed in transfer pursuant to the provisions of paragraph (2)(3) from the court of prior instance.
Article 32-4, paragraph (7)(抗告受理の申立て)(Request for Acceptance of an Appeal)Changed
When the ruling prescribed in paragraph (3)(4) is made, it is deemed that an appeal has been filed. In this case, to apply the provisions of Article 32-2, the reasons for the request for acceptance of an appeal, excluding those eliminated pursuant to the provisions of paragraph (4)(5), are deemed as the reasons for the appeal.
Article 32-5, paragraph (1)(抗告審における国選付添人)(Court-Appointed Attendants for Second Instance)Changed
When the ruling prescribed in paragraph (3)(4) of the preceding Article is given, the court in charge of the appeal must appoint an attendant who is an attorney-at-law, if the juvenile does not have an attendant who is an attorney-at-law.
For the case prescribed in Article 22-3, paragraph (2) (limited to the case for which the family court conducted the measures prescribed in Article 17, paragraph (1), item (ii)), the court in charge of the appeal may appoint an attendant who is an attorney-at-law, if the juvenile does not have an attendant who is an attorney-at-law, and if the court finds that an attendant who is an attorney-at-law, needs to attend the proceedings of second instance, taking into consideration the nature of the case, presence or absence of the parent or guardian and other circumstances.
Beyond what is provided for in Articles 32-2, 32-3 and the preceding Article, the rules of the family court concerning trial and decision apply mutatis mutandis to proceedings of second instance unless contrary to its nature.
If there are grounds for an appeal, the court must issue a ruling, revoke the ruling given in the prior instance, and remand the case to the court of prior instance, or transfer the case to another family court.
No appeal is to have the effect of suspending execution; provided, however, that the court of prior or second instance may suspend the execution by a ruling.
The juvenile, or the statutory agent or attendant of the juvenile, may particularly appeal against the ruling prescribed in Article 33 given by the court in charge of the appeal to the Supreme Court within two weeks, only on the grounds that the ruling violates the Constitution or the Constitution is misconstrued, or is contrary to the precedents of the Supreme Court or the high court as the court of second instance; provided, however, that the attendant may not file an appeal that goes against the explicit intentions of the parent or guardian who appointed the attendant.
The provisions of Article 32-2, Article 32-3, Article 32-5, paragraph (2) and Article 32-6 through to the preceding Article apply mutatis mutandis to the case prescribed in the preceding paragraph. In this case, the term "revoke the ruling given in the prior instance, and remand the case to the court of prior instance, or transfer the case to another family court" in Article 33, paragraph (2) is deemed to be replaced with "revoke the ruling. In this case, the ruling given by the family court may be revoked, and remand the case to the family court, or transfer the case to another family court".
Beyond what is provided for in this Act, matters necessary for protection cases are prescribed by the Supreme Court.
この法律で定めるものの外、保護事件に関して必要な事項は、最高裁判所がこれを定める。
Articles 37 to 39第三十七条から第三十九条まで
Articles 37 to 39, paragraph (1)
No English for this provision yet.
削除
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The day a law or an amendment starts to apply. It is often months or years after promulgation, so that people have time to prepare. The Ministry of Justice's English usually says a law "comes into force" or "comes into effect", and sometimes calls the day its "enforcement date". Its "enforcement" more often means the word's other sense, carrying a law out, as in an Order for Enforcement (施行令), the Cabinet Order (政令) that sets out the details for carrying out an Act.
Rules made by the Cabinet to carry out the Constitution and Acts. A Cabinet Order cannot impose duties, restrict rights or set penalties unless an Act delegates that to it.
Machine translation, corrected on review, not official
Before this amendment: paragraph (3) (第三項)
Renumbered article繰下げ・繰上げ
An amending law usually leaves every article's number alone: a new article takes a branch number such as Article 32-2, and a repealed one leaves 削除 (Deleted) at its number. Sometimes it moves a run of articles to new numbers instead — 繰下げ (moving them down) to make room, or 繰上げ (moving them up) to close a gap. The words of a moved article need not change, but books, court decisions and contracts written before cite it by its old number. This site marks a moved article with the number it had before the amendment: Act No. 53 of 2023 (令和五年法律第五十三号) makes Article 55 of the Act on Land and Building Leases (借地借家法) Article 58.
An amending law usually leaves every article's number alone: a new article takes a branch number such as Article 32-2, and a repealed one leaves 削除 (Deleted) at its number. Sometimes it moves a run of articles to new numbers instead — 繰下げ (moving them down) to make room, or 繰上げ (moving them up) to close a gap. The words of a moved article need not change, but books, court decisions and contracts written before cite it by its old number. This site marks a moved article with the number it had before the amendment: Act No. 53 of 2023 (令和五年法律第五十三号) makes Article 55 of the Act on Land and Building Leases (借地借家法) Article 58.
An amending law usually leaves every article's number alone: a new article takes a branch number such as Article 32-2, and a repealed one leaves 削除 (Deleted) at its number. Sometimes it moves a run of articles to new numbers instead — 繰下げ (moving them down) to make room, or 繰上げ (moving them up) to close a gap. The words of a moved article need not change, but books, court decisions and contracts written before cite it by its old number. This site marks a moved article with the number it had before the amendment: Act No. 53 of 2023 (令和五年法律第五十三号) makes Article 55 of the Act on Land and Building Leases (借地借家法) Article 58.
An amending law usually leaves every article's number alone: a new article takes a branch number such as Article 32-2, and a repealed one leaves 削除 (Deleted) at its number. Sometimes it moves a run of articles to new numbers instead — 繰下げ (moving them down) to make room, or 繰上げ (moving them up) to close a gap. The words of a moved article need not change, but books, court decisions and contracts written before cite it by its old number. This site marks a moved article with the number it had before the amendment: Act No. 53 of 2023 (令和五年法律第五十三号) makes Article 55 of the Act on Land and Building Leases (借地借家法) Article 58.
The Ministry of Justice's English of this passage has a slip, so the English shown is this site's correction of it. The Ministry printed:
When the ruling prescribed in paragraph (3) of the preceding Article is given, the court in charge of the appeal must appoint an attendant who is an attorney-at-law, if the juvenile does not have an attendant.
Japanese Law Translation, Ministry of Justice
Translates the law as amended by Act No. 47 of 2021 (令和三年法律第四十七号)
The Ministry of Justice's English of this passage has a slip, so the English shown is this site's correction of it. The Ministry printed:
For the case prescribed in Article 22-3, paragraph (2) (limited to the case for which the family court conducted the measures prescribed in Article 17, paragraph (1), item (ii)), the court in charge of the appeal may appoint an attendant who is an attorney-at-law, if the juvenile does not have an attendant, and if the court finds that an attendant who is an attorney-at-law, needs to attend the proceedings of second instance, taking into consideration the nature of the case, presence or absence of the parent or guardian and other circumstances.
Japanese Law Translation, Ministry of Justice
Translates the law as amended by Act No. 47 of 2021 (令和三年法律第四十七号)