# 刑事訴訟法 / Code of Criminal Procedure — 第四百三十五条 (Article 435) This is the Markdown twin of https://japanlaw.org/ja/code-of-criminal-procedure/art-435. 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: 第四百三十五条 (Article 435) — address `art-435` - Text in force since: 2026-10-20 - URL (the page that opens at this provision): https://japanlaw.org/ja/code-of-criminal-procedure/art-435 - 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. --- ### 第四百三十五条 art-435 · https://japanlaw.org/ja/code-of-criminal-procedure/art-435 **第一項** 再審の請求は、左の場合において、有罪の言渡をした確定判決に対して、その言渡を受けた者の利益のために、これをすることができる。 art-435/par-1 · https://japanlaw.org/ja/code-of-criminal-procedure/art-435/par-1 A request for a retrial may be filed against a final and binding judgment of guilt, when filed in the interests of the person who has been found guilty, and when: Ministry of Justice translation — Japanese Law Translation Database System **一** 原判決の証拠となつた証拠書類又は証拠物が確定判決により偽造又は変造であつたことが証明されたとき。 art-435/par-1/item-1 · https://japanlaw.org/ja/code-of-criminal-procedure/art-435/par-1/item-1 It has been proven through a final and binding judgment that documentary or material evidence which served as evidence in the original judgment is false or has been altered; Ministry of Justice translation — Japanese Law Translation Database System **二** 原判決の証拠となつた証言、鑑定、通訳又は翻訳が確定判決により虚偽であつたことが証明されたとき。 art-435/par-1/item-2 · https://japanlaw.org/ja/code-of-criminal-procedure/art-435/par-1/item-2 It has been proven through a final and binding judgment that testimony, expert evaluation, interpretation, or translation which served as evidence in the original judgment was false; Ministry of Justice translation — Japanese Law Translation Database System **三** 有罪の言渡を受けた者を誣告した罪が確定判決により証明されたとき。但し、誣告により有罪の言渡を受けたときに限る。 art-435/par-1/item-3 · https://japanlaw.org/ja/code-of-criminal-procedure/art-435/par-1/item-3 It has been proven through a final and binding judgment that a person who has been found guilty was falsely accused; provided, however, that this shall only be when such person was found guilty on the basis of such false accusation; Ministry of Justice translation — Japanese Law Translation Database System **四** 原判決の証拠となつた裁判が確定裁判により変更されたとき。 art-435/par-1/item-4 · https://japanlaw.org/ja/code-of-criminal-procedure/art-435/par-1/item-4 A decision which served as evidence in the original judgment has been altered by final and binding judgment; Ministry of Justice translation — Japanese Law Translation Database System **五** 特許権、実用新案権、意匠権又は商標権を害した罪により有罪の言渡をした事件について、その権利の無効の審決が確定したとき、又は無効の判決があつたとき。 art-435/par-1/item-5 · https://japanlaw.org/ja/code-of-criminal-procedure/art-435/par-1/item-5 With regard to cases where a person has been found guilty of criminal infringement of a patent right, utility model right, design right, or trademark right, a trial decision that voided such right has become final, or a judgment that voided such right has been rendered; Ministry of Justice translation — Japanese Law Translation Database System **六** 有罪の言渡を受けた者に対して無罪若しくは免訴を言い渡し、刑の言渡を受けた者に対して刑の免除を言い渡し、又は原判決において認めた罪より軽い罪を認めるべき明らかな証拠をあらたに発見したとき。 art-435/par-1/item-6 · https://japanlaw.org/ja/code-of-criminal-procedure/art-435/par-1/item-6 Clear evidence which should make the court render an acquittal or a dismissal for judicial bar to the person who has been found guilty, or make the court render a remission of punishment for the person to whom punishment has been rendered or make the court find a lesser crime than the crime which was found in the original judgment, has been newly discovered; or Ministry of Justice translation with a slip corrected by this site — not the Ministry's text; the Ministry printed: "Clear evidence which should make the court render an acquittal or a dismissal , for judicial bar to the person who has been sentenced, or make the court render a remission of punishment for the person to whom punishment has been rendered or make the court find a lesser crime than the crime which was found in the original judgment; or," — https://www.japaneselawtranslation.go.jp/en/laws/view/3740/tb **七** 原判決に関与した裁判官、原判決の証拠となつた証拠書類の作成に関与した裁判官又は原判決の証拠となつた書面を作成し若しくは供述をした検察官、検察事務官若しくは司法警察職員が被告事件について職務に関する罪を犯したことが確定判決により証明されたとき。但し、原判決をする前に裁判官、検察官、検察事務官又は司法警察職員に対して公訴の提起があつた場合には、原判決をした裁判所がその事実を知らなかつたときに限る。 art-435/par-1/item-7 · https://japanlaw.org/ja/code-of-criminal-procedure/art-435/par-1/item-7 It has been proven through a final and binding judgment that a judge who participated in the original judgment, a judge who participated in making documentary evidence which served as evidence in the original judgment, or the public prosecutor, public prosecutor's assistant officer, or judicial police official who compiled a document or gave a statement which served as evidence in the original judgment, committed a crime with regard to his/her duty in the case; provided, however, that when prosecution against such judge, public prosecutor, public prosecutor's assistant officer, or judicial police official was instituted before rendition of the original judgment, this shall be limited to when the original court did not know such fact. Ministry of Justice translation with a slip corrected by this site — not the Ministry's text; the Ministry printed: "It has been proven through a final and binding judgment that a judge who participated in the original judgment, a judge who participated in making documentary evidence which served as evidence in the original judgment, or the public prosecutor, public prosecutor's assistant officer, or judicial police officer who compiled a document or gave a statement which served as evidence in the original judgment, committed a crime with regard to his/her duty in the case; provided, however, that this shall be limited to when prosecution against such judge, public prosecutor, public prosecutor's assistant officer, or judicial police officer was instituted before rendition of the original judgment, and when the original court did not know such fact." — https://www.japaneselawtranslation.go.jp/en/laws/view/3740/tb ## Cited by 4 provisions cite this one. No official source publishes this direction. - 刑事訴訟法 第四百三十六条第一項第一号 — https://japanlaw.org/ja/code-of-criminal-procedure/art-436/par-1/item-1 - 刑事訴訟法 第四百三十六条第一項第二号 — https://japanlaw.org/ja/code-of-criminal-procedure/art-436/par-1/item-2 - 刑事訴訟法 第四百三十七条第一項 — https://japanlaw.org/ja/code-of-criminal-procedure/art-437/par-1 - 刑事訴訟法 第四百三十九条第二項 — https://japanlaw.org/ja/code-of-criminal-procedure/art-439/par-2 --- ## 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 435, paragraph (1), item (vi) — the Ministry of Justice's English as printed (https://www.japaneselawtranslation.go.jp/en/laws/view/3740/tb), 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 435, paragraph (1), item (vii) — the Ministry of Justice's English as printed (https://www.japaneselawtranslation.go.jp/en/laws/view/3740/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 - Japanese Law Translation Database System, Ministry of Justice (法務省) — Code of Criminal Procedure — Ministry of Justice translation (part 2 of 2) (https://www.japaneselawtranslation.go.jp/en/laws/view/3740/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