Changes by (Act No. 39 of 2025)
If a ruling to rescind bail or the suspension of execution of detention has been made, or if the term of suspension of detention has expired, a public prosecutor's assistant officer, judicial police official or an official of the penal institution must, under the direction of a public prosecutor, commit the defendant in a penal institution after showing said defendant a transcript of the detention warrant and a transcript of the written ruling rescinding bail or the suspension of execution of detention or a transcript of the written ruling on suspension for a designated term of execution of detention.
Changes by (Act No. 39 of 2025)
When said officer or official is unable to show the documents in the preceding paragraph to the defendant because said person does not have the documents in their possession and in cases requiring urgency, said person may, notwithstanding the preceding paragraph and under the direction of a public prosecutor, commit the defendant in a penal institution after notifying the defendant that the ruling to grant bail or to suspend the execution of detention has been rescinded, or that the term of suspension of execution of detention has expired; provided however, that the documents must be shown as promptly as possible.
Changes by (Act No. 39 of 2025)
The provisions of Article 71 apply mutatis mutandis to the commitment in the preceding two paragraphs.
Read this with the articles around it
judicial police officialmachine translation
「司法警察職員」
Judicial police officers (司法警察員) and judicial police constables (司法巡査) together.
Defined inArticle 39, paragraph (3)
official of the penal institutionmachine translation
「刑事施設職員」
The warden of a penal institution (刑事施設), or an official of that institution whom the warden designates.
Defined inArticle 65, paragraph (3)
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.