A public prosecutor must request the next higher court common to all of the relevant courts of first instance to designate the court which is to have jurisdiction when:
検察官は、左の場合には、関係のある第一審裁判所に共通する直近上級の裁判所に管轄指定の請求をしなければならない。
the competent court of jurisdiction cannot be determined since the jurisdictional district is not clear;
裁判所の管轄区域が明らかでないため管轄裁判所が定まらないとき。
there is no other court with jurisdiction over a case with respect to which a decision that a certain court lacks jurisdiction has become final.
管轄違を言い渡した裁判が確定した事件について他に管轄裁判所がないとき。
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.