Supplementary Provisions

This Act comes into effect as of the day specified by Cabinet Order within a period not exceeding one year from the date of promulgation; provided, however, that the provisions set forth in the following items come into effect as of the days specified in those items.

①The procedures for a request for a retrial must be conducted appropriately and promptly, in light of the circumstances in recent years concerning retrial proceedings, so that the goal set forth in Article 2, paragraph (1) of the Act on the Expediting of Trials (Act No. 107 of 2003) is achieved.

②A person who has made a request for a retrial (excluding a public prosecutor), defense counsel and a public prosecutor must proactively cooperate with the court so that the procedures for a request for a retrial are conducted promptly.

In light of recent circumstances concerning retrial procedures, with regard to an appeal against a ruling to commence a retrial that is filed on or after the day on which the provisions set forth in Article 1, item (ii) of the Supplementary Provisions come into effect (hereinafter in this Article and the following Article referred to as the "item (ii) Effective Date"), or an appeal against a ruling of the court pertaining to an appeal against that ruling that is filed on or after the item (ii) Effective Date, the court before which the case is pending must endeavor to render its ruling within one year from the day on which the case was accepted.

①The provisions of Article 450-3, paragraph (1) of the Code of Criminal Procedure as amended by the provisions of Article 1 (referred to as the "Code of Criminal Procedure as Amended by Article 1" in the following paragraph and Article 12 of the Supplementary Provisions) apply to an immediate appeal (including an objection under Article 428, paragraph (2) of the Code of Criminal Procedure; the same applies hereinafter in this Article) against a ruling under Article 447, paragraph (1) or Article 448, paragraph (1) of the Code of Criminal Procedure prior to amendment by the provisions of Article 2 (hereinafter in this Article and Article 12 of the Supplementary Provisions referred to as the "Code of Criminal Procedure Before the Article 2 Amendment") (including a ruling in the case where the provisions then in force continue to govern pursuant to the provisions of Article 9 of the Supplementary Provisions; referred to as a "ruling under the Code before the Article 2 amendment" in the following paragraph and Article 8 of the Supplementary Provisions) that was made on or after the item (ii) Effective Date and against a ruling under Article 447, paragraph (1) or Article 448, paragraph (1) of the Code of Criminal Procedure as Amended by Article 2 (referred to as a "ruling under the Code as amended by Article 2" in the following paragraph), and do not apply to an immediate appeal against a ruling under Article 447, paragraph (1) or Article 448, paragraph (1) of the Code of Criminal Procedure Before the Article 2 Amendment that was made before the item (ii) Effective Date.

②The provisions of Article 450-3, paragraph (2) of the Code of Criminal Procedure as Amended by Article 1 apply to a kokoku-appeal under Article 433, paragraph (1) of the Code of Criminal Procedure against a ruling of the appellate court pertaining to an immediate appeal against a ruling under the Code before the Article 2 amendment or a ruling under the Code as amended by Article 2 that was made on or after the item (ii) Effective Date, and do not apply to a kokoku-appeal under Article 433, paragraph (1) of the Code of Criminal Procedure against a ruling of the appellate court pertaining to an immediate appeal against a ruling under Article 447, paragraph (1) or Article 448, paragraph (1) of the Code of Criminal Procedure Before the Article 2 Amendment that was made before the item (ii) Effective Date.

The provisions of Article 188-2, paragraphs (2) and (3) of the Code of Criminal Procedure as amended by the provisions of Article 2 (limited to the amending provisions set forth in Article 1, item (iii) of the Supplementary Provisions) also apply to expenses that were required for the procedure for a request for retrial pertaining to a ruling to commence a retrial and that arose before the day on which the provisions set forth in that item come into effect, in the case where an acquittal becomes final and binding on or after that day in a case in which the ruling to commence a retrial has become final and binding.

Beyond what is provided for in these Supplementary Provisions, transitional measures necessary for the enforcement of this Act are specified by Cabinet Order.