Notwithstanding the provisions of the preceding Article, the court of second instance must order a defendant who has been indicted for a crime punishable by imprisonment or a heavier sentence and who has been granted bail or suspension of execution of detention to appear on the trial date on which the judgment is to be pronounced; provided, however, that this does not apply when it finds that it is difficult for the defendant to appear on that trial date due to a serious illness or injury or any other unavoidable grounds.
前条の規定にかかわらず、控訴裁判所は、拘禁刑以上の刑に当たる罪で起訴されている被告人であつて、保釈又は勾留の執行停止をされているものについては、判決を宣告する公判期日への出頭を命じなければならない。ただし、重い疾病又は傷害その他やむを得ない事由により被告人が当該公判期日に出頭することが困難であると認めるときは、この限りでない。
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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.