Changes by (Act No. 39 of 2025)
When a case is put into a pretrial arrangement proceeding, the public prosecutor must submit documents in which facts planned to be proven are described ("facts planned to be proven" means the facts which are planned to be proven by evidence on the trial date; the same applies hereinafter) to the court and must also send them to the defendant or the defense counsel. In this case, the public prosecutor may not describe in the documents any item from which prejudice or a preconception of the case is likely to arise based on materials which are not qualified for evidence or which are not intended to be requested for examination in court.
検察官は、事件が公判前整理手続に付されたときは、その証明予定事実（公判期日において証拠により証明しようとする事実をいう。以下同じ。）を記載した書面を、裁判所に提出し、及び被告人又は弁護人に送付しなければならない。この場合においては、当該書面には、証拠とすることができず、又は証拠としてその取調べを請求する意思のない資料に基づいて、裁判所に事件について偏見又は予断を生じさせるおそれのある事項を記載することができない。
Changes and moves to paragraph (3) by (Act No. 39 of 2025)
The public prosecutor must request the examination of evidence which is to be used to prove facts planned to be proven prescribed in the preceding paragraph.
Moves to paragraph (4) by (Act No. 39 of 2025)
Article 299, paragraph (1) does not apply to the request for the examination of evidence prescribed in the preceding paragraph.
前項の規定により証拠の取調べを請求するについては、第二百九十九条第一項の規定は適用しない。
Changes and moves to paragraph (5) by (Act No. 39 of 2025)
The court is to, upon hearing the opinions of the public prosecutor and the defendant or the defense counsel, set a deadline for the submission and delivery of the documents prescribed in paragraph (1) and the request prescribed in paragraph (2).
Read this with the articles around it
facts planned to be provenmachine translation
「証明予定事実」
The facts a party plans to prove by evidence on the trial dates (公判期日); in pretrial arrangement proceedings (公判前整理手続) the public prosecutor must first set them out in a document submitted to the court.
Defined inArticle 316-13, paragraph (1)
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.