The number of days of confinement is credited in full toward the principal sentence, each day being converted into the amount corresponding to the ratio of one day of detention prescribed in Article 18, paragraph (6) of the Penal Code.
When the number of days of confinement comes to exceed the number of days obtained by dividing the amount of the fine (where the days of pre-sentencing detention have been credited toward or aggregated with the fine, or where part of the fine has been paid, the remainder obtained by deducting from that amount the total amount of the amount credited or aggregated and the amount of the fine paid) by the amount corresponding to the ratio of one day of detention prescribed in Article 18, paragraph (6) of the Penal Code (where a fraction of less than one day arises in that number of days, it is counted as one day);
四
罰金の執行を受けることがなくなつたとき。
When the person has ceased to be subject to the execution of the fine.
第四百九十五条
第一項
上訴の提起期間中の未決勾留の日数は、上訴申立後の未決勾留の日数を除き、全部これを本刑に通算する。
All the days of pre-sentencing detention during the period for filing an appeal, except the days in pre-sentencing detention after an appeal has been filed, shall be included as time served toward the sentence.
第二項
上訴申立後の未決勾留の日数は、左の場合には、全部これを本刑に通算する。
The days in pre-sentencing detention after the filing of an appeal shall be included as time served toward the sentence when:
一
検察官が上訴を申し立てたとき。
A public prosecutor filed the appeal; or
二
検察官以外の者が上訴を申し立てた場合においてその上訴審において原判決が破棄されたとき。
A person who was not the public prosecutor filed an appeal and the original judgment was reversed in the appellate instance.
第三項
前二項の規定による通算については、未決勾留の一日を刑期の一日又は金額の四千円に折算する。
With regard to the inclusion set forth in the preceding two paragraphs, one day in pre-sentencing detention shall be calculated as either one day of imprisonment or as 4,000 yen.
第四項
上訴裁判所が原判決を破棄した後の未決勾留は、上訴中の未決勾留日数に準じて、これを通算する。
Pre-sentencing detention after the appellate court has reversed the original judgment shall be included in time served, in the same manner as the days in pre-sentencing detention pending appeal.
第四百九十六条
第一項
没収物は、検察官がこれを処分しなければならない。
Confiscated articles must be dealt with by the public prosecutor.
In cases where a person who has the right to a confiscated article files a request for delivery of said article within three months of confiscation being executed, except for those articles which are to be destroyed or abandoned, the public prosecutor shall deliver said article.
In cases where the request set forth in the preceding paragraph is made after the confiscated article has been disposed, the public prosecutor shall deliver the proceeds obtained in the public auctioning of said article.
第四百九十八条
第一項
偽造し、又は変造された物を返還する場合には、偽造又は変造の部分をその物に表示しなければならない。
When a counterfeit or altered article is returned, the counterfeit or altered portion thereof shall be indicated thereon.
When a counterfeit or altered article is not seized, it shall be submitted and shall be subject to the procedures set forth in the preceding paragraph; provided, however, that, when said article belongs to a public agency, said public agency shall be notified of the portion of said article which is counterfeit or altered, and said public agency shall take appropriate measures.
When a recording medium pertaining to an electronic or magnetic record that has been unlawfully created or confiscated is returned or delivered, the electronic or magnetic record must be deleted, or disposed of so as not to be unlawfully used.
第二項
不正に作られた電磁的記録については、複写を許してはならない。
Copying of an electronic or magnetic record that has been unlawfully created must not be allowed.
When a recording medium pertaining to an electronic or magnetic record that has been unlawfully created belongs to a public office and is not seized, the public office must be notified of the part unlawfully created and appropriately dispose of that part.
If it is unable to return a seized article as the whereabouts of the person who is to receive the seized article returned is unknown or on any other grounds, a public prosecutor must give public notice to that effect by the means provided by Cabinet Order.
The preceding paragraph also applies when a seized article is to be returned pursuant to the provisions of Article 123, paragraph (1) or Article 124, paragraph (1) as applied mutatis mutandis pursuant to Article 222, paragraph (1) or the provisions of Article 220, paragraph (2). In this case, the term "public prosecutor" in the same paragraph is replaced with "public prosecutor or a judicial police officer."
第三項
前二項の規定による公告をした日から六箇月以内に還付の請求がないときは、その物は、国庫に帰属する。
When a request for return of a seized article is not made within six months from the day on which public notice is given pursuant to the provisions of the preceding two paragraphs, the article vests in the national treasury.
Even within the period referred to in the preceding paragraph, articles of no value may be discarded, and articles that are inconvenient for storage may be sold at a public auction and the proceeds received may be kept in safekeeping.
The provisions of paragraph (1) of the preceding Article apply mutatis mutandis to delivery or copying pursuant to the provisions of Article 123, paragraph (3) and copying pursuant to the provisions of Article 123-2, paragraph (1), and the provisions of paragraph (2) of the preceding Article apply mutatis mutandis to delivery or copying pursuant to the provisions of Article 123, paragraph (3) as applied mutatis mutandis pursuant to Article 220, paragraph (2) and Article 222, paragraph (1) and to copying pursuant to the provisions of Article 123-2, paragraph (1) as applied mutatis mutandis pursuant to Article 222, paragraph (1).
When a request for delivery or copying under the preceding paragraph is not made within six months from the day on which public notice is given pursuant to the provisions of paragraph (1) or (2) of the preceding Article as applied mutatis mutandis pursuant to the preceding paragraph, it is unnecessary to allow the delivery or copying.
When a person who has been ordered to bear the court costs can not pay those costs due to indigence, he/she may, in accordance with the Rules of Court, request to be exempted in whole or in part from execution of the decision for him/her to pay said court costs.
第二項
前項の申立は、訴訟費用の負担を命ずる裁判が確定した後二十日以内にこれをしなければならない。
A request as set forth in the previous paragraph shall be made within twenty days of when the decision that orders the person to bear court costs becomes final and binding.
第五百条の二
第一項
被告人又は被疑者は、検察官に訴訟費用の概算額の予納をすることができる。
The defendant or a suspect may prepay a public prosecutor the estimated amount of court costs.
In the execution of a decision on court costs, when there is an amount prepaid pursuant to the provisions of the preceding Article, a public prosecutor deducts an amount equivalent to the court costs from the prepaid amount and appropriates the amount to the payment of those court costs.
When there is a remaining amount after the deduction of an amount equivalent to court costs from a prepaid amount pursuant to the provisions of the preceding paragraph, the remaining amount is returned upon request from the person who has made the prepayment.
In one of the following cases, an amount prepaid pursuant to the provisions of Article 500-2 is returned upon request from the person who has made the prepayment:
一
第三十八条の二の規定により弁護人の選任が効力を失つたとき。
when the appointment of a defense counsel ceases to be effective pursuant to the provisions of Article 38-2;
二
訴訟手続が終了する場合において、被告人に訴訟費用の負担を命ずる裁判がなされなかつたとき。
when court proceedings are concluded and a decision to order the defendant to bear court costs is not made; or
三
訴訟費用の負担を命ぜられた者が、訴訟費用の全部について、その裁判の執行の免除を受けたとき。
when a person who has been ordered to bear court costs is exempted in whole from execution of the decision on the court costs.
When a person who has been sentenced has doubts about the interpretation of a decision, he/she may file a request for interpretation of the decision with the court which imposed the sentence.
A person subject to the execution of a decision, or his/her legal representative or curator may file an objection with the court that rendered said decision when he/she finds a measure taken by the public prosecutor in connection with the execution (excluding one under the provisions of the following Chapter) to be inappropriate.
第五百三条
第一項
第五百条及び前二条の申立ては、決定があるまでこれを取り下げることができる。
Requests under Article 500 and the preceding two Articles may be withdrawn until rulings are rendered thereon.
第二項
第三百六十六条の規定は、第五百条及び前二条の申立て及びその取下げについてこれを準用する。
The provisions of Article 366 apply mutatis mutandis to requests under Article 500 and the preceding two Articles and withdrawal thereof.
第五百四条
第一項
第五百条、第五百一条及び第五百二条の申立てについてした決定に対しては、即時抗告をすることができる。
Immediate appeals may be filed against rulings on requests under Articles 500, 501 and 502.
The provisions on the execution of a sentence shall apply mutatis mutandis to the execution of detention in a workhouse in the event that the person subject to the sentence cannot complete the payment of a fine or petty fine.
The costs for the execution of the decision prescribed in Article 490, paragraph (1) shall be borne by the person whose sentence is executed, and shall be collected at the same time as the execution in accordance with the provisions of the Civil Execution Act and other laws and regulations with regard to the procedures of compulsory execution.