When a defendant who has received the pronouncement of a judgment to impose imprisonment or a greater punishment has left or attempted to leave Japan without receiving the permission under Article 342-2, when that permission has been rescinded under paragraph (2) of the preceding Article with regard to a defendant who has received the permission under that Article, or if a defendant who has received the permission under Article 342-2 does not, without justifiable grounds, return to or land in Japan within the designated period, the court may, upon the request of the public prosecutor or ex officio, make the ruling specified in each of the following items according to the category of cases set forth in those items.
where no detention warrant has been issued with regard to the defendant: a ruling to detain;
当該被告人について勾留状が発せられていない場合 勾留する決定
where the defendant has been released on bail: a ruling to rescind bail;
当該被告人が保釈されている場合 保釈を取り消す決定
where the execution of detention of the defendant has been suspended: a ruling to rescind the suspension of execution of detention.
当該被告人が勾留の執行停止をされている場合 勾留の執行停止を取り消す決定
When rescinding bail under the preceding paragraph (limited to the part pertaining to item (ii)), the court may, by ruling, forfeit all or part of the bail bond.
Read this with the articles around it
designated periodmachine translation
「指定期間」
The period that a court, when it permits under Article 342-2 a person against whom a judgment of imprisonment (拘禁刑) or a heavier punishment has been pronounced to leave Japan, designates as the time the person may stay abroad.
Short name set inArticle 342-4, paragraph (5)
imprisonment
拘禁刑
The punishment of being held in a penal institution (刑事施設), for life or for a fixed term of one month to twenty years (Penal Code, Article 12, paragraphs (1) and (2)); a fixed term can be raised to thirty years where the punishment is aggravated, or cut below one month where it is reduced (Article 14, paragraph (2)). To help the person reform and rehabilitate, they may be made to do work or given guidance (Article 12, paragraph (3)). It ranks below the death penalty and above a fine (罰金) among the principal punishments (Articles 9 and 10, paragraph (1)). It replaced imprisonment with work (懲役) and imprisonment without work (禁錮) when the Act Partially Amending the Penal Code, etc. (Act No. 67 of 2022) came into force (Act No. 67 of 2022, Article 2), and a person sentenced to either is treated, for the rules on a person's qualifications, as sentenced to imprisonment for the same term (Act No. 68 of 2022, Article 443, paragraph (1)).
Written by AI using Penal Code, Arts. 9, 10, 12, 14, Act No. 67 of 2022, Art. 2 and Act No. 68 of 2022, Art. 443 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.