Changes by (Act No. 39 of 2025)
When a public prosecutor deems it necessary with regard to the particulars identifying an individual of a person listed in Article 271-2, paragraph (1), item (i) or (ii) that are stated in the written request for alteration of counts, etc., the public prosecutor may request the court to take measures to prevent those particulars identifying an individual from becoming known to the defendant through the service of the transcript of the written request for alteration of counts, etc. pursuant to the provisions of paragraph (5) of the preceding Article.
検察官は、訴因変更等請求書面に記載された第二百七十一条の二第一項第一号又は第二号に掲げる者の個人特定事項について、必要と認めるときは、裁判所に対し、前条第五項の規定による訴因変更等請求書面の謄本の送達により当該個人特定事項が被告人に知られないようにするための措置をとることを求めることができる。
Changes by (Act No. 39 of 2025)
A request under the preceding paragraph must be made by submitting to the court, together with the written request for alteration of counts, etc., as one to be served on the defendant, an extract of the written request for alteration of counts, etc. in which the particulars identifying an individual pertaining to the request are not stated, or other document that substitutes for a transcript of the written request for alteration of counts, etc. (hereinafter referred to as the "extract of the written request for alteration of counts, etc." in this Article).
Changes by (Act No. 39 of 2025)
When the extract of the written request for alteration of counts, etc. has been submitted pursuant to the preceding paragraph, the court must, notwithstanding paragraph (5) of the preceding Article, serve the extract of the written request for alteration of counts, etc. on the defendant without delay.
裁判所は、前項の規定による訴因変更等請求書面抄本等の提出があつたときは、前条第五項の規定にかかわらず、遅滞なく訴因変更等請求書面抄本等を被告人に送達しなければならない。
Changes by (Act No. 39 of 2025)
The provisions of Articles 271-3 through 271-8 apply mutatis mutandis where the extract of the written request for alteration of counts, etc. is submitted pursuant to paragraph (2). In this case, the phrase "paragraph (1), item (i), (c), (1) or item (ii), (a) of the preceding Article" in Article 271-3, paragraph (3) is deemed to be replaced with "Article 271-2, paragraph (1), item (i), (c), (1) or item (ii), (a)", the phrase "Article 271-2, paragraph (4)" in Article 271-5, paragraph (1) with "Article 312-2, paragraph (3)", and the phrase "paragraph (1), item (i) or item (ii) of that Article" in Article 271-6, paragraph (5) and Article 271-8, paragraph (1) with "Article 271-2, paragraph (1), item (i) or item (ii)".
第二百七十一条の三から第二百七十一条の八までの規定は、第二項の規定による訴因変更等請求書面抄本等の提出がある場合について準用する。この場合において、第二百七十一条の三第三項中「前条第一項第一号ハ（１）」とあるのは「第二百七十一条の二第一項第一号ハ（１）」と、第二百七十一条の五第一項中「第二百七十一条の二第四項」とあるのは「第三百十二条の二第三項」と、第二百七十一条の六第五項及び第二百七十一条の八第一項中「同条第一項第一号」とあるのは「第二百七十一条の二第一項第一号」と読み替えるものとする。
Read this with the articles around it
particulars identifying an individualmachine translation
「個人特定事項」
A person's name, address or any other matter that would identify an individual.
Defined inArticle 201-2, paragraph (1)
written request for alteration of counts, etc.machine translation
「訴因変更等請求書面」
The document in which a public prosecutor asks the court, under Article 312, paragraph (1), to add, withdraw or change a count (訴因) or applicable penal statute (罰条) set out in the charging sheet (起訴状).
Short name set inArticle 312, paragraph (4)
extract of the written request for alteration of counts, etc.machine translation
「訴因変更等請求書面抄本等」
An extract of the written request for alteration of counts (訴因変更等請求書面) with the particulars identifying an individual (個人特定事項) concerned left out, or another document in place of a copy of that request, which a public prosecutor submits with the request, to be served on the defendant, when asking the court under Article 312-2 to keep those particulars from the defendant.
Short name set inArticle 312-2, paragraph (2)· applies only in this article
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.
service
送達
The delivery of a document in a court proceeding, such as a lawsuit, to the person it is for, by a procedure the law lays down: unless a provision says otherwise, the court carries it out of its own motion, the court clerk handles the work (Code of Civil Procedure, Article 98), and the person who effects it reports on it to the court in writing (Article 100, paragraph (1)); the complaint must be served on the defendant (Article 138, paragraph (1)), and the judgment on the parties (Article 255, paragraph (1)). A document is served by post or by a court enforcement officer (執行官) (Article 101, paragraph (1)), as a rule by handing it to the person (Article 102-2), at their address, residence, place of business or office, or at their workplace where those are unknown or service there meets an obstacle (Article 103); each party, legal representative and litigation representative (訴訟代理人) must tell the court a place in Japan where they are to be served (Article 104, paragraph (1)), and service abroad is made at the presiding judge's request to that country's authorities or to a Japanese ambassador, minister or consul there (Article 108). If the person is not found at a place other than their workplace, the document may be handed to an employee or a person living with them who can be trusted to receive it, and if it is refused without a legitimate reason it may be left there (Article 106, paragraphs (1) and (3)); where it cannot be served in those ways, the court clerk may send it by registered mail, and it counts as served when it is sent (Article 107, paragraphs (1) and (3)). An electronic record can also be served through the courts' electronic system on a person who has registered for it, by making it available to them and sending them a notice, and that service takes effect when they view it or save it to their computer, or one week after the notice was sent, whichever comes first (Articles 109-2, paragraph (1), and 109-3, paragraph (1)); a person who must make filings online, such as a litigation representative (訴訟代理人) entrusted with the case, can be served this way even without registering, and without a notice, the week then running from when the record was made available (Articles 109-4 and 132-11, paragraph (1)). Where a party's address or other place for service is unknown, among other cases, the court clerk may serve by publication (公示送達), on petition or where the court orders it, and serves the same party by publication again of the clerk's own motion, as a rule (Article 110, paragraphs (1) to (3)): that the clerk holds the document and will hand it over at any time is made available for anyone to view, by a method the Supreme Court's rules (最高裁判所規則) set, and posted on the court's notice board or shown on a screen at the court (Article 111), and service takes effect two weeks after that begins, or six weeks for service to be made abroad, though one made again of the clerk's own motion takes effect the day after it begins (Article 112, paragraphs (1) and (2)). Some time limits run from service: an appeal to the court of second instance (控訴), for one, must be filed within two weeks of the day the judgment is served (Article 285).
Written by AI using Code of Civil Procedure, Arts. 98, 100 to 104, 106 to 112, 132-11, 138, 255, 285 as a reference.