Changes by (Act No. 39 of 2025)
When requesting examination of a witness, expert witness, interpreter or translator, the public prosecutor, the defendant or the defense counsel must give the opponent an opportunity to learn of the name and address of that person in advance. When requesting examination of documentary or material evidence, the public prosecutor, the defendant or the defense counsel must give the opponent an opportunity to inspect the evidence in advance; provided however, that this does not apply when the opponent has no objection.
検察官、被告人又は弁護人が証人、鑑定人、通訳人又は翻訳人の尋問を請求するについては、あらかじめ、相手方に対し、その氏名及び住居を知る機会を与えなければならない。証拠書類又は証拠物の取調を請求するについては、あらかじめ、相手方にこれを閲覧する機会を与えなければならない。但し、相手方に異議のないときは、この限りでない。
Changes by (Act No. 39 of 2025)
When the court rules to examine evidence ex officio, it must hear the opinion of the public prosecutor and the defendant or the defense counsel.
裁判所が職権で証拠調の決定をするについては、検察官及び被告人又は弁護人の意見を聴かなければならない。
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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.