In personal status litigation in which the public prosecutor is named as the defendant, if the court finds it necessary to have a third party whose rights of inheritance are compromised as a result of the litigation (referred to below as an "interested party") intervene in the litigation, the court may issue a ruling to have the interested party intervene in the litigation in order for the interested party to assist the defendant.
検察官を被告とする人事訴訟において、訴訟の結果により相続権を害される第三者（以下「利害関係人」という。）を当該人事訴訟に参加させることが必要であると認めるときは、裁判所は、被告を補助させるため、決定で、その利害関係人を当該人事訴訟に参加させることができる。
Before issuing the ruling referred to in the preceding paragraph, the court must hear the opinions of the parties and of the interested party.
The provisions of Article 45, paragraph (2) of the Code of Civil Procedure do not apply to interested parties who, based on an application as referred to in Article 43, paragraph (1) of the Code of Civil Procedure or based on a ruling as referred to in paragraph (1) of this Article, have intervened in personal status litigation in which the public prosecutor is named as the defendant.
民事訴訟法第四十三条第一項の申出又は第一項の決定により検察官を被告とする人事訴訟に参加した利害関係人については、同法第四十五条第二項の規定は、適用しない。
The provisions of Article 40, paragraphs (1) through (3) of the Code of Civil Procedure (for paragraph (3) of that Article, this is limited to the part concerning the suspension of court proceedings) apply mutatis mutandis to interested parties referred to in the preceding paragraph.
前項の利害関係人については、民事訴訟法第四十条第一項から第三項まで（同項については、訴訟手続の中止に関する部分に限る。）の規定を準用する。
The court may revoke an order under paragraph (1) of this Article.
裁判所は、第一項の決定を取り消すことができる。
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personal status litigation
「人事訴訟」
Litigation on a personal status action (人事に関する訴え): an action through which a person seeks to form a personal status relationship (身分関係) or a declaration whether one exists, such as an action to nullify or rescind a marriage, an action for divorce, an action to rebut the presumption of legitimacy, an action for filiation, an action to nullify or rescind an adoption, or an action to confirm whether a marital, parent-child or adoptive relationship exists.
Defined inArticle 2, paragraph (1)· applies throughout the law
interested party
「利害関係人」
In personal status litigation in which the public prosecutor (検察官) is the defendant, a third party whose rights of inheritance would be harmed by the outcome of the litigation, and whom the court may, by ruling, have join the litigation to assist the defendant.
Short name set inArticle 15, paragraph (1)
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.