Where there are any of the following reasons for a person who has been sentenced to imprisonment or penal detention, execution of the sentence may be suspended at the direction of the public prosecutor of the public prosecutor's office which corresponds to the sentencing court or at the direction of the public prosecutor of the local public prosecutor's office which has jurisdiction over the present location of the sentenced person:
拘禁刑又は拘留の言渡しを受けた者について次に掲げる事由があるときは、刑の言渡しをした裁判所に対応する検察庁の検察官又は刑の言渡しを受けた者の現在地を管轄する地方検察庁の検察官の指揮によつて執行を停止することができる。
Execution of the sentence is likely to seriously damage the health of the person or it is feared that the person would not be able to survive its execution;
刑の執行によつて、著しく健康を害するとき、又は生命を保つことのできないおそれがあるとき。
The person is 70 years of age or older;
年齢七十年以上であるとき。
The person is 150 days pregnant or more;
受胎後百五十日以上であるとき。
It is less than 60 days since the person gave birth;
出産後六十日を経過しないとき。
It is feared that irrevocable harm will be caused due to execution of the sentence.
刑の執行によつて回復することのできない不利益を生ずるおそれがあるとき。
The person's grandparents or parents are 70 years of age or older, seriously ill or disabled, and there are no other relatives who can take care of them;
祖父母又は父母が年齢七十年以上又は重病若しくは不具で、他にこれを保護する親族がないとき。
The person's child or grandchild is an infant and there are no other relatives who can take care of him/her;
子又は孫が幼年で、他にこれを保護する親族がないとき。
There are other significant reasons.
その他重大な事由があるとき。
Read this with the articles around it
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.
penal detention
拘留
A short criminal punishment of being held in a penal institution (刑事施設) for one day to less than thirty days (Penal Code, Article 16, paragraph (1)). As with imprisonment (拘禁刑), the person may be made to do work or given guidance to help them reform (paragraph (2)). It ranks below a fine (罰金) and above a petty fine (科料) (Articles 9 and 10, paragraph (1)).
Written by AI using Penal Code, Arts. 9, 10, 16 as a reference.
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.