# 刑事訴訟法 / Code of Criminal Procedure — 第九十条 (Article 90)

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- 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: 第九十条 (Article 90) — address `art-90`
- Text in force since: 2026-10-20
- URL (the page that opens at this provision): https://japanlaw.org/ja/code-of-criminal-procedure/art-90
- 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.

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### 第九十条
<sup>art-90 · https://japanlaw.org/ja/code-of-criminal-procedure/art-90</sup>

  **第一項**  裁判所は、保釈された場合に被告人が逃亡し又は罪証を隠滅するおそれの程度のほか、身体の拘束の継続により被告人が受ける健康上、経済上、社会生活上又は防御の準備上の不利益の程度その他の事情を考慮し、適当と認めるときは、職権で保釈を許すことができる。
  <sup>art-90/par-1 · https://japanlaw.org/ja/code-of-criminal-procedure/art-90/par-1</sup>
  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.
  <sup>Ministry of Justice translation with a slip corrected by this site — not the Ministry's text; the Ministry printed: "The court may, when it finds it appropriate, grant bail ex officio taking into account the extent of the risk that the accused may flee, or conceal or destroy evidence if the accused 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 accused due to continued physical restraint and other circumstances." — https://www.japaneselawtranslation.go.jp/en/laws/view/3739/tb</sup>

## Cited by

1 provision cites this one. No official source publishes this direction.

- 刑事訴訟法 第三百四十四条第二項 — https://japanlaw.org/ja/code-of-criminal-procedure/art-344/par-2

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## 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 90, 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
