①If the defendant is subpoenaed, the defendant must be immediately notified of an outline of the charged facts, that the defendant is entitled to appoint a defense counsel, and that when unable to personally appoint a defense counsel due to indigence or any other grounds, the defendant is entitled to request the court to appoint a defense counsel; provided, however, that if a defense counsel has been appointed for the defendant, it is sufficient to give the defendant only an outline of the charged facts.

②When informing the defendant that the defendant is entitled to appoint a defense counsel pursuant to the provisions of the preceding paragraph, the court must inform the defendant that the defendant may make a request for appointment of a defense counsel specifying an attorney, a legal professional corporation (including a joint corporation of attorneys and registered foreign lawyers; the same applies hereinafter) or a bar association, and of the person to which the request must be made.

③A judge of a panel or a court clerk may be commissioned to give notification under paragraph (1) and information under the preceding paragraph.

④If a subpoena has been issued pursuant to the provisions of Article 66, paragraph (4), notification under paragraph (1) and information under paragraph (2) must be given by the judge who issued the subpoena; provided, however, that the judge may commission a court clerk to give the notification and information.

①If the defendant is to be detained, the defendant must be notified that the defendant is entitled to appoint a defense counsel, and that when unable to personally appoint a defense counsel due to indigence or any other grounds, the defendant is entitled to request the court to appoint a defense counsel; provided, however, that this does not apply if a defense counsel has been appointed for the defendant.

②When informing the defendant that the defendant is entitled to appoint a defense counsel pursuant to the provisions of the preceding paragraph, the court must inform the defendant that the defendant may make a request for appointment of a defense counsel specifying an attorney, a legal professional corporation or a bar association, and of the person to which the request must be made.

③In the case of the proviso of Article 61, immediately after detention of the defendant, the defendant must be notified of the matters provided in paragraph (1) and an outline of the charged facts, and also informed of the matters provided in the preceding paragraph; provided, however, that if a defense counsel has been appointed for the defendant, it is sufficient to give the defendant only the outline of the charged facts.

④The provisions of paragraph (3) of the preceding Article apply mutatis mutandis to notification under paragraph (1), information under paragraph (2), and notification and information under the preceding paragraph.

①The defendant under subpoena or detention may make a request to the court, the penal institution warden or said warden's deputy for appointment of defense counsel, specifying an attorney, legal professional corporation or bar association; provided however, that this does not apply when defense counsel has been appointed for the defendant.

②The court, the penal institution warden or said warden's deputy requested by the defendant as prescribed in the preceding paragraph must immediately notify the attorney, legal professional corporation or bar association specified by the defendant of the request. When the defendant has specified two or more attorneys or two or more legal professional corporations or bar associations and made the request as so prescribed in the preceding paragraph, the court, the penal institution warden or said warden's deputy need only notify one of them.

If the defendant has been detained, the defense counsel must be notified immediately. When no defense counsel has been appointed for the defendant, notification must be given to the person who has been specified by the defendant from among the legal representative, curator, spouse, lineal relatives and siblings of the defendant.

The defendant under detention may, subject to relevant laws and regulations, have an interview with, or send to or receive documents or articles from persons other than those prescribed in Article 39, paragraph (1). The same applies to a defendant who is detained at a penal institution through a subpoena.

The court may, when there is probable cause to suspect that the defendant under detention may flee or conceal or destroy evidence, upon the request of a public prosecutor or ex officio, prohibit the defendant from having an interview with persons other than those prescribed in Article 39, paragraph (1), or censor the documents or articles sent or received by the defendant, prohibit the sending or receiving of said documents or articles, or seize said documents or articles; provided however, that the court may not prohibit the sending or receiving of food, nor seize food.

①The defendant under detention may request the court to disclose the grounds for detention.

②The defense counsel, legal representative, curator, spouse, lineal relative, sibling or other interested party of the defendant under detention may also request the disclosure prescribed in the preceding paragraph.

③The requests prescribed in the preceding two paragraphs lose their effect when bail is granted or execution of detention is suspended or rescinded or when the detention warrant becomes ineffective.

①Grounds for detention must be disclosed in an open court.

②The court is convened in the presence of a judge and a court clerk.

③The court may not be convened without the presence of the defendant and the defense counsel of the defendant; provided however, that this does not apply when the defendant cannot personally attend the court because of illness or other unavoidable reasons and has no objection, or when the defendant has no objection to defense counsel not appearing.

①The presiding judge must give the grounds for detention in court.

②The public prosecutor, the defendant or the defense counsel, and other requesting persons may state their opinions; provided however, that the presiding judge may, when finding it appropriate, order them to submit written opinions in lieu of oral statements.

A judge of a panel may be commissioned to disclose the grounds for detention.

When more than one request prescribed in Article 82 has been made with respect to the same detention, the grounds for detention are disclosed with regard to the first request. The other requests must be dismissed by a ruling after disclosure of the grounds for detention.

①When the grounds for or necessity of detention no longer exist, the court must, upon the request of a public prosecutor, the defendant under detention, the defense counsel of the defendant, legal representative, curator, spouse, lineal relative or sibling or ex officio, make a ruling to rescind the detention.

②The provisions of Article 82, paragraph (3) apply mutatis mutandis to the request prescribed in the preceding paragraph.

①The defendant under detention or the defense counsel of the defendant, legal representative, curator, spouse, lineal relative or sibling may request bail.

②The provisions of Article 82, paragraph (3) apply mutatis mutandis to the request prescribed in the preceding paragraph.

The request for bail must be granted, except when:

The court may, when it finds it appropriate, grant bail ex officio taking into account the extent of the risk that the defendant may flee, or conceal or destroy evidence if the defendant is bailed, as well as the extent of health or economic disadvantages or disadvantages in social life or in terms of preparation for defense to be incurred by the defendant due to continued physical restraint and other circumstances.

①When confinement through detention has been unduly long, the court must, upon the request of the person prescribed in Article 88 or ex officio, make a ruling to rescind the detention or grant bail.

②The provisions of Article 82, paragraph (3) apply mutatis mutandis to the request prescribed in the preceding paragraph.

①The court must, when making a ruling to grant or dismiss bail, hear the opinion of the public prosecutor.

②The provisions of the preceding paragraph apply when the court makes a ruling to rescind detention, except when it is so requested by a public prosecutor; provided however, that this does not apply in any case requiring urgency.