In a consultation under the preceding Article, a public prosecutor may request that a suspect or the defendant should make a statement on another person's criminal case. In this case, the provisions of Article 198, paragraph (2) apply mutatis mutandis.
A statement made by a suspect or the defendant during a consultation under the preceding Article may not be used as evidence if the agreement under Article 350-2, paragraph (1) is not reached.
被疑者又は被告人が前条の協議においてした供述は、第三百五十条の二第一項の合意が成立しなかつたときは、これを証拠とすることができない。
The provisions of the preceding paragraph do not apply when any act performed by a suspect or the defendant during a consultation thereunder falls under a crime under Article 103, 104 or 172 of the Penal Code or a crime under Article 7 of the Organized Crime Punishment Act pertaining to the persons set forth in provisions of paragraph (1), item (i) or (ii) of the same Article, and a statement made during the consultation is used in the cases involving these crimes.
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another person's criminal case
「他人の刑事事件」
A criminal case of another person involving a specific crime (特定犯罪), about which a suspect or defendant may agree with a public prosecutor, under Article 350-2, to make true statements in interrogation or as a witness or to help gather evidence, in return for the prosecutor not prosecuting, withdrawing or limiting the charges, or taking another of the steps that Article lists.
Short name set inArticle 350-2, paragraph (1)
Organized Crime Punishment Act
「組織的犯罪処罰法」
Short name for the Act on Punishment of Organized Crimes and Control of Proceeds of Crime (Act No. 136 of 1999).
Short name set inArticle 350-2, paragraph (2), item (ii)
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.