In the case referred to in the preceding paragraph, when the regional commissioner or district director finds that any of the following items applies, the regional commissioner or district director must, notwithstanding the provisions of that paragraph, immediately file an accusation with a public prosecutor:
when the circumstances warrant punishment by imprisonment; or
情状が拘禁刑に処すべきものであるとき。
when the offender lacks the financial means to comply with the notification.
犯則者が通告の旨を履行する資力がないとき。