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When the court of first instance has unlawfully failed to make a ruling of dismissal of prosecution, the court shall, on a ruling, dismiss prosecution.
原裁判所が不法に公訴棄却の決定をしなかつたときは、決定で公訴を棄却しなければならない。
The provisions of paragraph (2) of Article 385 shall apply mutatis mutandis to the ruling prescribed in the preceding paragraph.
第三百八十五条第二項の規定は、前項の決定についてこれを準用する。
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