Changes on a date not yet set (Act No. 46 of 2026)
When the court finds that the grounds for the ruling under Article 345-2 no longer exist, it must make a ruling to rescind that ruling, upon the request of the public prosecutor, the person who has received that ruling, or that person's defense counsel, legal representative, curator, spouse, lineal relative or sibling, or ex officio.
裁判所は、第三百四十五条の二の規定による決定の理由がなくなつたと認めるときは、検察官、当該決定を受けた者若しくはその弁護人、法定代理人、保佐人、配偶者、直系の親族若しくは兄弟姉妹の請求により、又は職権で、決定で、当該決定を取り消さなければならない。
Except where the ruling is made upon the request of the public prosecutor, the court must hear the opinion of the public prosecutor in advance when making a ruling under the preceding paragraph.
裁判所は、検察官の請求による場合を除いて、前項の規定による決定をするときは、あらかじめ、検察官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.