If a person who has filed a criminal complaint or accusation regarding an offense set forth in Articles 193 to 196 of the Penal Code, Article 45 of the Subversive Activities Prevention Act (Act No. 240 of 1952), or Article 42 or 43 of the Act on Regulation of Organizations Which Have Committed Indiscriminate Mass Murder (Act No. 147 of 1999) is dissatisfied with the disposition not to institute prosecution made by a public prosecutor, the complainant or accuser may request the district court which has jurisdiction over the location of the public prosecutor's office to which that public prosecutor belongs to commit the case to a court for trial.
刑法第百九十三条から第百九十六条まで又は破壊活動防止法（昭和二十七年法律第二百四十号）第四十五条若しくは無差別大量殺人行為を行った団体の規制に関する法律（平成十一年法律第百四十七号）第四十二条若しくは第四十三条の罪について告訴又は告発をした者は、検察官の公訴を提起しない処分に不服があるときは、その検察官所属の検察庁の所在地を管轄する地方裁判所に事件を裁判所の審判に付することを請求することができる。
Changes by (Act No. 39 of 2025)
The request set forth in the preceding paragraph must be made by submitting an application to the public prosecutor who made the disposition not to institute prosecution within 7 days from the day on which the notice set forth in Article 260 was received.
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complaint
告訴
A crime's victim telling a public prosecutor or a judicial police officer (司法警察員) of the crime and asking that the offender be punished; the victim may file one (Code of Criminal Procedure, Articles 230 and 241, paragraph (1)). The victim's legal representative may also file one, and if the victim has died, their spouse, lineal relatives or siblings, though not against the victim's clearly stated wishes (Article 231). For some crimes — among them defamation and insult, and negligent injury — a prosecution cannot be brought without a complaint (Penal Code, Articles 209, paragraph (2), and 232, paragraph (1)); for those, a complaint must as a rule be filed within six months of learning who the offender is, though not one a foreign state's representative or a foreign envoy files over defamation or insult (Code of Criminal Procedure, Article 235), and it may be withdrawn until a prosecution is brought, but not filed again (Article 237).
Written by AI using Code of Criminal Procedure, Arts. 230, 231, 235, 237, 241 and Penal Code, Arts. 209, 232 as a reference.
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.