# 刑事訴訟法 / Code of Criminal Procedure — 第百八十八条の四 (Article 188-4) This is the Markdown twin of https://japanlaw.org/en/code-of-criminal-procedure/art-188-4. Every law, and how to address a provision: https://japanlaw.org/llms.txt. The same laws as MCP tools (no sign-in): https://japanlaw.org/mcp. - Law: 刑事訴訟法 (Code of Criminal Procedure), 昭和二十三年法律第百三十一号 - English title "Code of Criminal Procedure": Ministry of Justice translation - Kind: Act — the distinction between 法律 (Act), 政令 (Cabinet Order), 省令 (Ministerial Order) and 条例 (local ordinance) decides who may issue it and what it may say. - Provision: 第百八十八条の四 (Article 188-4) — address `art-188-4` - Text in force since: 2026-10-20 - URL (the page that opens at this provision): https://japanlaw.org/en/code-of-criminal-procedure/art-188-4 - e-Gov law ID: 323AC0000000131 — never renamed. A permanent link, `/l/{lawId}/{address}` on this site, redirects to the page. - Every provision below carries its address and its URL on the line under it. - Japanese text: e-Gov 法令検索, Digital Agency (デジタル庁). English: as marked on each line below. Only the Japanese as published by the government has legal effect; the text below is a copy of it. Every English rendering below is a translation and says which kind: the Ministry of Justice's translation, or this site's machine translation, whose model and date the Sources list names. They are never merged and never substituted for one another. --- ### 第百八十八条の四 art-188-4 · https://japanlaw.org/en/code-of-criminal-procedure/art-188-4 **第一項** 検察官のみが上訴をした場合において、上訴が棄却され又は取り下げられて当該上訴に係る原裁判が確定したときは、これによつて無罪の判決が確定した場合を除き、国は、当該事件の被告人又は被告人であつた者に対し、上訴によりその審級において生じた費用の補償をする。ただし、被告人又は被告人であつた者の責めに帰すべき事由によつて生じた費用については、補償をしないことができる。 art-188-4/par-1 · https://japanlaw.org/en/code-of-criminal-procedure/art-188-4/par-1 When only a public prosecutor has filed an appeal and the appeal has been dismissed or withdrawn and the original judgment becomes final and binding, except when an acquittal becomes final and binding by a dismissal or withdrawal, the State compensates the defendant or the person who was the defendant in the case for the expenses caused by the appeal in the court of instance; provided however, that the State may not be required to compensate the defendant or the person who was the defendant for expenses which have arisen from a cause imputable to said person. Ministry of Justice translation with a slip corrected by this site — not the Ministry's text; the Ministry printed: "When only a public prosecutor has filed an appeal and the appeal has been dismissed or withdrawn and the original judgment becomes final and binding, except when an acquittal becomes final and binding by a dismissal or withdrawal, the State compensates the accused or the person who was the accused in the case for the expenses caused by the appeal in the court of instance; provided however, that the State may not be required to compensate the accused or the person who was the accused for expenses which have arisen from a cause imputable to said person." — https://www.japaneselawtranslation.go.jp/en/laws/view/3739/tb ## Cited by 3 provisions cite this one. No official source publishes this direction. - 刑事訴訟法 第百八十八条の二第四項 — https://japanlaw.org/en/code-of-criminal-procedure/art-188-2/par-4 - 刑事訴訟法 第百八十八条の五第一項 — https://japanlaw.org/en/code-of-criminal-procedure/art-188-5/par-1 - 刑事訴訟法 第百八十八条の六第一項第一号 — https://japanlaw.org/en/code-of-criminal-procedure/art-188-6/par-1/item-1 --- ## Sources - claude-opus-5-5 — Corrections to the Ministry of Justice's English of the Code of Criminal Procedure, written 2026-11-06 - e-Gov 法令検索, Digital Agency (デジタル庁) — 刑事訴訟法 — the text in force from 2026-10-20 (https://laws.e-gov.go.jp/law/323AC0000000131/20261020_508AC0000000067), retrieved 2026-11-06 - Japanese Law Translation Database System, Ministry of Justice (法務省) — Code of Criminal Procedure (刑事訴訟法), Article 188-4, paragraph (1) — the Ministry of Justice's English as printed (https://www.japaneselawtranslation.go.jp/en/laws/view/3739/tb), retrieved 2026-11-06 - Japanese Law Translation Database System, Ministry of Justice (法務省) — Code of Criminal Procedure — Ministry of Justice translation (part 1 of 2) (https://www.japaneselawtranslation.go.jp/en/laws/view/3739/tb), retrieved 2026-11-06 - This site's parser, version 225 — 刑事訴訟法 — structure, counts, cross-references and defined terms, computed 2026-11-06