When a public prosecutor plans to examine a witness with regard to matters that may lead to the witness's criminal prosecution or conviction and finds it necessary taking into account the importance of testimony on those matters, the gravity and circumstances of the crime concerned and other circumstances, the public prosecutor may request in advance that the court should examine the witness under the following conditions:
検察官は、証人が刑事訴追を受け、又は有罪判決を受けるおそれのある事項についての尋問を予定している場合であつて、当該事項についての証言の重要性、関係する犯罪の軽重及び情状その他の事情を考慮し、必要と認めるときは、あらかじめ、裁判所に対し、当該証人尋問を次に掲げる条件により行うことを請求することができる。
statements made in response to the examination and evidence obtained based thereon may not be used as evidence against the witness in the witness's criminal case, except when acts performed by the witness during the examination constitute the crimes under Article 161 of this Code or Article 169 of the Penal Code and those statements and evidence are used in the case pertaining to these crimes involving the acts; and
notwithstanding the provisions of Article 146, the witness may not refuse to give testimony even if there is a concern that the testimony may result in the witness's criminal prosecution or conviction.
第百四十六条の規定にかかわらず、自己が刑事訴追を受け、又は有罪判決を受けるおそれのある証言を拒むことができないこと。
Upon request under the preceding paragraph, the court shall render a ruling to the effect that the witness will be examined under the conditions set forth in items of the same paragraph, except when it is clearly found that any matter that may lead to the witness's criminal prosecution or conviction is not included in the matters with regard to which the witness is to be examined.
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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.