When a public prosecutor receives a suspect referred pursuant to the provisions of Article 203, the public prosecutor must give the suspect an opportunity for explanation, and immediately release the suspect when considering that it is unnecessary to detain that suspect, or request a judge to detain the suspect within 24 hours from the receipt of the suspect when considering that it is necessary to detain that suspect.
検察官は、第二百三条の規定により送致された被疑者を受け取つたときは、弁解の機会を与え、留置の必要がないと思料するときは直ちにこれを釈放し、留置の必要があると思料するときは被疑者を受け取つた時から二十四時間以内に裁判官に被疑者の勾留を請求しなければならない。
Changes and moves to paragraph (3) by (Act No. 39 of 2025)
The time limit under the preceding paragraph may not exceed 72 hours from the time the suspect is placed under physical restraint.
前項の時間の制限は、被疑者が身体を拘束された時から七十二時間を超えることができない。
Changes and moves to paragraph (4) by (Act No. 39 of 2025)
When a public prosecutor institutes prosecution within the time limit under the preceding two paragraphs, the public prosecutor is not required to make a request for detention.
前二項の時間の制限内に公訴を提起したときは、勾留の請求をすることを要しない。
Changes and moves to paragraph (5) by (Act No. 39 of 2025)
When a public prosecutor does not make a request for detention or institute prosecution within the time limits under paragraphs (1) and (2), the public prosecutor must immediately release a suspect.
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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.