Changes on a date not yet set (Act No. 46 of 2026)
A retrial may be requested by:
再審の請求は、左の者がこれをすることができる。
The public prosecutor;
検察官
Changes on a date not yet set (Act No. 46 of 2026)
The legal representative or curator of the person who has been found guilty; or
有罪の言渡を受けた者の法定代理人及び保佐人
Changes on a date not yet set (Act No. 46 of 2026)
The spouse, lineal relative, brother, or sister of the person who has been found guilty, in the event that said person is deceased or is in a state of insanity.
有罪の言渡を受けた者が死亡し、又は心神喪失の状態に在る場合には、その配偶者、直系の親族及び兄弟姉妹
Changes on a date not yet set (Act No. 46 of 2026)
Only the public prosecutor may file a request for retrial on the grounds prescribed in item (vii) of Article 435 or item (ii) of paragraph (1) of Article 436 when the person who was found guilty induces another to commit such crime.
第四百三十五条第七号又は第四百三十六条第一項第二号に規定する事由による再審の請求は、有罪の言渡を受けた者がその罪を犯させた場合には、検察官でなければこれをすることができない。
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.