The court must, when prosecution has been instituted, serve a transcript of the charging sheet on the defendant without delay.on the defendant without delay what is specified in each of the following items in accordance with the category of cases set forth in those items:
where prosecution has been instituted by the method set forth in Article 54-2, paragraph (1): an electronic or magnetic record recording the particulars to be stated in the charging sheet recorded in the file (in the case of the proviso to Article 54-4, a document stating the particulars to be stated in the charging sheet recorded on the recording medium referred to in that Article);
第二百七十一条第一項第二号新設
公訴の提起が起訴状の提出によりされた場合 起訴状の謄本
where prosecution has been instituted by the submission of a charging sheet: a transcript of the charging sheet.
When the transcript of the charging sheet is not served on the defendantservice pursuant to the provisions of the preceding paragraph is not made within two months after the date of institution of prosecution, the institution of prosecution loses its effect retroactively.
The public prosecutor may, if the public prosecutor finds it necessary with regard to the particulars identifying an individual of any of the following persons that are stated in the charging sheet, request the court to take measures to prevent those particulars identifying an individual from becoming known to the defendant through the service of the transcript of the charging sheet under paragraph (1) of the preceding Article.
cases involving crimes under Article 176, Article 177, Article 179, Article 181, or Article 182 of the Penal Code, crimes under Article 225 or Article 226-2, paragraph (3) of that Code (limited to the part pertaining to the purpose of indecency or marriage; hereinafter the same applies in this (a)), crimes under Article 227, paragraph (1) of that Code (limited to the part pertaining to the purpose of aiding a person who has committed a crime under Article 225 or Article 226-2, paragraph (3) of that Code) or paragraph (3) of that Article (limited to the part pertaining to the purpose of indecency), or crimes under Article 241, paragraph (1) or (3) of that Code, or attempts of these crimes;
cases involving crimes under Article 60, paragraph (1) of the Child Welfare Act, crimes under Article 60, paragraph (2) of that Act pertaining to Article 34, paragraph (1), item (ix) of that Act, crimes under Articles 4 through 8 of the Act on Regulation and Punishment of Acts Relating to Child Prostitution and Child Pornography, and the Protection of Children, or crimes under Articles 2 through 6 of the Act on the Punishment of Acts of Photographing Sexual Poses, etc. and the Erasure, etc. of Electronic or Magnetic Records of Images of Sexual Poses Recorded on Seized Articles;
cases, other than the cases set forth in (a) and (b), in which it is found, from the mode of the crime, the state of the damage, and other circumstances, that there is a risk of any of the following if the particulars identifying an individual of the victim become known to the defendant
第二百七十一条の二第一項第一号ハ(1)
被害者等の名誉又は社会生活の平穏が著しく害されるおそれ
risk that the reputation or peaceful social life of the victim or others will be seriously harmed;
in addition to what is set forth in (1), risk that an act will be committed that harms the body or property of the victim or the victim's relatives, or that threatens or confuses these persons;
第二百七十一条の二第一項第二号
前号に掲げる者のほか、個人特定事項が被告人に知られることにより次に掲げるおそれがあると認められる者
a person other than the persons set forth in the preceding item for whom it is found that there is a risk of any of the following if the particulars identifying an individual become known to the defendant
第二百七十一条の二第一項第二号イ
その者の名誉又は社会生活の平穏が著しく害されるおそれ
risk that the reputation or peaceful social life of that person will be seriously harmed;
in addition to what is set forth in (a), risk that an act will be committed that harms the body or property of that person or the person's relatives, or that threatens or confuses these persons.
A request under the preceding paragraph must be made by submitting to the court, upon the institution of prosecution, together with the charging sheet, an extract of the charging sheet or other document that substitutes for the transcript of the charging sheet, in which the particulars identifying an individual pertaining to the request are not stated, as one to be served on the defendant (hereinafter referred to as the "extract of the charging sheet, etc.").
In the case of the preceding paragraph, with regard to the extract of the charging sheet, etc., the charged facts are deemed to be the charged facts prescribed in Article 256, paragraph (3), and the provisions of that paragraph apply. In this case, the phrase "the facts constituting the offense must be specified as far as possible by the time, place and method" in that paragraph is deemed to be replaced with "the facts constituting the offense must be specified".
When the extract of the charging sheet, etc. has been submitted pursuant to paragraph (2)a request under paragraph (1) has been made, the court must, notwithstanding paragraph (1) of the preceding Article, serve on the extract of the charging sheet, etc. on the defendant without delay. In this case, the phrase "transcript of the charging sheet" in Article 255 and paragraph defendant without delay what is specified in each of the following items in accordance with the category of cases set forth in those items. In this case, the phrase "Article 271, paragraph (1)" in Article 255 is deemed to be replaced with "Article 271-2, paragraph (4)", and the phrase "the preceding paragraph" in paragraph (2) of the preceding Article is deemed to be replaced with "extract of the charging sheet, etc.paragraph (4) of the following Article".
where the request has been made by the method set forth in Article 54-2, paragraph (1): an electronic or magnetic record recording the particulars to be stated in the extract of the charging sheet, etc. recorded in the file (in the case of the proviso to Article 54-4, a document stating the particulars to be stated in the extract of the charging sheet, etc. recorded on the recording medium referred to in that Article);
第二百七十一条の二第四項第二号新設
当該求めが起訴状抄本等の提出によりされた場合 起訴状抄本等
where the request has been made by the submission of an extract of the charging sheet, etc.: the extract of the charging sheet, etc.
When the public prosecutor submits the extract of the charging sheet, etc. pursuant tomakes a request under paragraph (2)(1) of the preceding Article, if the defendant has defense counsel, the public prosecutor must submit to the court a transcript of the charging sheet to be served on the defense counsel., with respect to the court, take the measure specified in each of the following items in accordance with the category of cases set forth in those items:
where institution of prosecution is made by the method set forth in Article 54-2, paragraph (1): giving notice that an electronic or magnetic record recording the particulars to be stated in the charging sheet recorded in the file is to be served on the defense counsel;
第二百七十一条の三第一項第二号新設
公訴の提起を起訴状の提出によりする場合 弁護人に送達するものとして、起訴状の謄本を提出すること。
where institution of prosecution is made by the submission of a charging sheet: submitting a transcript of the charging sheet to be served on the defense counsel.
When the transcript of the charging sheet has been submitted pursuant to the preceding paragraphmeasure under the preceding paragraph has been taken, the court must, without delay, serve the transcript of the charging sheet on the defense counsel, subject to the condition that, of the particulars identifying an individual stated in the charging sheet, those not stated in the extract of the charging sheet, etc. not be made known to the defendant.pertaining to the request under paragraph (1) of the preceding Article not be made known to the defendant, what is specified in each of the following items in accordance with the category of cases set forth in those items:
where the measure specified in item (i) of the preceding paragraph has been taken: an electronic or magnetic record recording the particulars to be stated in the charging sheet recorded in the file (in the case of the proviso to Article 54-4, a document stating the particulars to be stated in the charging sheet recorded on the recording medium referred to in that Article);
第二百七十一条の三第二項第二号新設
前項第二号に定める措置がとられた場合 起訴状の謄本
where the measure specified in item (ii) of the preceding paragraph has been taken: a transcript of the charging sheet.
In the case prescribed in paragraph (1), if the public prosecutor finds that there is a risk that the measures under the preceding paragraph will not prevent the reputation or peaceful social life prescribed in paragraph (1), item (i), (c), (1) or item (ii), (a) of the preceding Article from being seriously harmed, or the acts prescribed in item (i), (c), (2) or item (ii), (b) of that paragraph, the public prosecutor may submit to the court, in lieu of the transcript of the charging sheet, an extract of the charging sheet, etc. to be served on the defense counsel., in lieu of the measure under paragraph (1), take, with respect to the court, the measure specified in each of the following items in accordance with the category of cases set forth in those items:
where the request under paragraph (1) of the preceding Article is made by the method set forth in Article 54-2, paragraph (1): giving notice that an electronic or magnetic record recording the particulars to be stated in the extract of the charging sheet, etc. recorded in the file is to be served on the defense counsel;
where the request under paragraph (1) of the preceding Article is made by the submission of an extract of the charging sheet, etc.: submitting the extract of the charging sheet, etc. to be served on the defense counsel.
When the extract of the charging sheet, etc. has been submitted pursuant to the preceding paragraphmeasure under the preceding paragraph has been taken, the court must, without delay, serve on the extract of the charging sheet, etc. on the defense counsel.defense counsel what is specified in each of the following items in accordance with the category of cases set forth in those items:
where the measure specified in item (i) of the preceding paragraph has been taken: an electronic or magnetic record recording the particulars to be stated in the extract of the charging sheet, etc. recorded in the file (in the case of the proviso to Article 54-4, a document stating the particulars to be stated in the extract of the charging sheet, etc. recorded on the recording medium referred to in that Article);
第二百七十一条の三第四項第二号新設
前項第二号に定める措置がとられた場合 起訴状抄本等
where the measure specified in item (ii) of the preceding paragraph has been taken: the extract of the charging sheet, etc.
If defense counsel is appointed after the extract of the charging sheet, etc.a request has been submittedmade pursuant to Article 271-2, paragraph (2)(1), the court must promptly notify the public prosecutor to that effect.
When the public prosecutor has received the notice under the preceding paragraph, the public prosecutor must promptly submit to the court a transcript of the charging sheet to be served on the defense counsel.take, with respect to the court, the measure specified in each of the following items in accordance with the category of cases set forth in those items:
where institution of prosecution was made by the method set forth in Article 54-2, paragraph (1): giving notice that an electronic or magnetic record recording the particulars to be stated in the charging sheet recorded in the file is to be served on the defense counsel;
第二百七十一条の四第二項第二号新設
公訴の提起を起訴状の提出によりした場合 弁護人に送達するものとして、起訴状の謄本を提出すること。
where institution of prosecution was made by the submission of a charging sheet: submitting a transcript of the charging sheet to be served on the defense counsel.
When the transcript of the charging sheet has been submitted pursuant to the preceding paragraphmeasure under the preceding paragraph has been taken, the court must, without delay, serve the transcript of the charging sheet on the defense counsel, subject to the condition that, of the particulars identifying an individual stated in the charging sheet, those not stated in the extract of the charging sheet, etc. not be made known to the defendant.pertaining to the request under Article 271-2, paragraph (1) not be made known to the defendant, what is specified in each of the following items in accordance with the category of cases set forth in those items:
where the measure specified in item (i) of the preceding paragraph has been taken: an electronic or magnetic record recording the particulars to be stated in the charging sheet recorded in the file (in the case of the proviso to Article 54-4, a document stating the particulars to be stated in the charging sheet recorded on the recording medium referred to in that Article);
第二百七十一条の四第三項第二号新設
前項第二号に定める措置がとられた場合 起訴状の謄本
where the measure specified in item (ii) of the preceding paragraph has been taken: a transcript of the charging sheet.
In the case prescribed in paragraph (2), if the public prosecutor finds that there is a risk that the measures under the preceding paragraph will not prevent the reputation or peaceful social life prescribed in Article 271-2, paragraph (1), item (i), (c), (1) or item (ii), (a) from being seriously harmed, or the acts prescribed in item (i), (c), (2) or item (ii), (b) of that paragraph, the public prosecutor may submit to the court, in lieu of the transcript of the charging sheet, an extract of the charging sheet, etc. to be served on the defense counsel., in lieu of the measure under paragraph (2), take, with respect to the court, the measure specified in each of the following items in accordance with the category of cases set forth in those items:
where the request under Article 271-2, paragraph (1) was made by the method set forth in Article 54-2, paragraph (1): giving notice that an electronic or magnetic record recording the particulars to be stated in the extract of the charging sheet, etc. recorded in the file is to be served on the defense counsel;
where the request under Article 271-2, paragraph (1) was made by the submission of an extract of the charging sheet, etc.: submitting the extract of the charging sheet, etc. to be served on the defense counsel.
When the extract of the charging sheet, etc. has been submitted pursuant to the preceding paragraphmeasure under the preceding paragraph has been taken, the court must, without delay, serve on the extract of the charging sheet, etc. on the defense counsel.defense counsel what is specified in each of the following items in accordance with the category of cases set forth in those items:
where the measure specified in item (i) of the preceding paragraph has been taken: an electronic or magnetic record recording the particulars to be stated in the extract of the charging sheet, etc. recorded in the file (in the case of the proviso to Article 54-4, a document stating the particulars to be stated in the extract of the charging sheet, etc. recorded on the recording medium referred to in that Article);
第二百七十一条の四第五項第二号新設
前項第二号に定める措置がとられた場合 起訴状抄本等
where the measure specified in item (ii) of the preceding paragraph has been taken: the extract of the charging sheet, etc.