No. 423.
Mr. Bingham to Mr. Blaine.

No. 1266.]

Sir: Referring to my No. 1209, in which I inclosed for your information a translation of the new penal code of this empire, I now beg leave to inclose herewith a translation made by Mr. Thompson, interpreter to this legation, of the code of procedure recently adopted by His Imperial Japanese Majesty’s Government.

Although proclamation at what time this code of procedure shall take effect has not yet appeared, I have no doubt it will very shortly appear, and therefore I deem it well to possess the Department of the translation copy without delay.

I reserve any remarks upon the several provisions of the new code of procedure for a future dispatch, as I have not had time since its very recent receipt to fully acquaint myself with its provisions.

I have, &c.,

JNO. A. BINGHAM.
[Inclosure in No. 1266.—Translation.]

No. 37.

Proclamation is hereby made that the following code of procedure has been drawn up. The time when it will go into effect will be published by government proclamation hereafter.

TARU-HITO (ARISUGAWA),
Junior Prime Minister.

CODE OF PROCEDURE.

TABLE OF CONTENTS.

Book I.—General Principles.

Book II.—The Constitution and Authority of Criminal Courts.

  • Chap. I.—General rules.
  • Chap. II.—Police courts.
  • Chap. III.—Courts for light crimes.
  • Chap. IV.—Appellate courts.
  • Chap. V.—Courts for grave crimes.
  • Chap. VI.—The supreme court (Tai-shin-in.)
  • Chap. VII.—The “Ko-to-ho-in,” or court for the trial of nobles and high officials.

Book III.—Search after Crimes; Institution of Legal Process and Preliminary Examination.

  • Chap. I.—Investigation or search.
    • Sec. 1. Complaint and information.
    • Sec. 2. Offenses detected in the act.
  • Chap. II.—Institution of proceedings.
    • Sec. 1. Institution of proceedings by the “Koenji.”
    • Sec. 2. Institution of proceedings by the civil plaintiff.
  • Chap. III.—Preliminary examination.
    • Sec. 1. Writs.
    • Sec. 2. Private or separate confinement.
    • Sec. 3. Evidence.
    • Sec. 4. Examination and confronting of the defendant.
    • Sec. 5. Examination for evidence and seizure of articles.
    • Sec. 6. Examination of witnesses.
    • Sec. 7. Experts.
    • Sec. 8. Preliminary examination of offenses detected in the act.
    • Sec. 9. Bail.
    • Sec. 10. Conclusion of preliminary examination.
    • Sec. 11. Appeal after preliminary examination.

Book IV.—Public Trial.

  • Chap. I.—General rules.
  • Chap. II.—Public trial of infractions of police regulations.
  • Chap. III.—Public trial of light crimes.
  • Chap. IV.—Public trial of grave crimes.

Book V.—Duties of the Supreme Court.

  • Chap. I.—Appeals to the supreme court.
  • Chap. II.—Appeals for re-examination.
  • Chap. III.—Appeal to have jurisdiction determined.
  • Chap. IV.—Appeal to have jurisdiction removed for the public peace or from apprehension of danger.

Book VI.—Execution of Sentence; Restoration of Civil Rights; and Special Pardon.

  • Chap. I.—Execution of sentence.
  • Chap. II.—Restoration of civil rights.
  • Chap. III.—Special pardon.

CODE OF PROCEDURE.

Book I.—GENERAL PRINCIPLES.

1. An official complaint or “ko-so” has for its aim to prove a crime and inflict punishment and is made by the “Hensatsu-kwan “or prosecuting officials, or “kenji,” according to the distinctions established by law.

2. A. private complaint or “shi-so” has for its aim compensation for damages or the restitution of stolen articles, and is made by the person injured, according to the civil law.

3. An official complaint may be instituted without waiting for the complaint of the person injured, and does not become null by the surrender of the right of private complaint except as expressly provided by law.

4. A private complaint may be brought before a criminal court along with an official complaint, regardless of the amount of money involved, except when said court is hot allowed by law to entertain private complaints. Also a private complaint may be made separately before a civil court.

5. The trial of official and private complaints shall be conducted according to the mode of procedure fixed by the law actually in force in the court having jurisdiction.

6. When an official and private complaint arise together in a criminal court or in a criminal and a civil court, the private complaint must not be tried before the official complaint. If a sentence to inflict punishment is rendered after a sentence to make restitution or compensation, both together shall be null and void.

7. If a private complaint has been made in a civil court, it cannot be withdrawn and instituted anew in a criminal court, unless the “kenji” or investigating official has instituted a complaint, but when a private complaint has been made in a criminal court, it may with the consent of the defendant be withdrawn and instituted anew in a civil court.

8. Though the defendant is released from the charge, or declared by sentence to be innocent, he shall make no objection to the claim of the party injured for damages according to the civil law.

[Page 694]

9. The right to make an official complaint ceases to exist in the following cases:

(1.)
When the defendant dies.
(2.)
When, pending complaint being made, the injured party relinquishes his right in the case to be entertained, or when private reconciliation takes place.
(3.)
When sentence becomes irrevocable.
(4.)
When the punishment of a given crime is abolished by law published after its commission.
(5.)
When a general release is granted.
(6.)
When the right to complain expires according to the statute of limitations.

10. The right to make a private complaint ceases to exist in the following cases:

(1.)
When the person injured surrenders his right, or makes private reconciliation.
(2.)
When sentence becomes irrevocable.
(3.)
When the right to complain expires according to the statute of limitations.

11. The periods of the statute of limitations in official complaints are as follows:

(1.)
For infractions of police regulations, six months.
(2.)
For light crimes, three years.
(3.)
For grave crimes, ten years.

12. In the case of private complaints the periods are the same as above, article 11, both when the person injured is powerless, and when he has made his complaint in a civil court. When a sentence to undergo punishment has already been rendered, on official complaint, it shall follow the example of the statute of limitations fixed by the civil law.

13. The period of the statute of limitations in both official and private complaints shall be counted from the day when the offense was committed. In the case of a continuous offense it shall be reckoned from the last day.

14. The flight of time, in the case of the statute of limitations, is arrested by the “kenji,” or, in civil cases, by the plaintiff instituting process in law, and also by the process of preliminary examination or public trial. The same is true in the case of undiscovered principals and accessories, and of securities in civil cases. When the flight of time is so arrested it shall be reckoned anew from the day when the process of making complaint, preliminary examination, or public trial comes to an end. But, counting in the days before and after the interruption, it shall, not exceed twice the time fixed in article 11.

15. When the process of instituting complaint, preliminary examination, or public trial is void on account of irregularity the arrest or interruption of the flight of time of the statute of limitations shall also be void; but not when the process is void on account of a court’s want of jurisdiction.

16. In case the defendant is released from the charge, or is declared innocent, he may claim compensation for damages when the grounds of the complaint against him lie in the ill-will or grievous mistake of the complainant, informer, or plaintiff. The defendant may do the same (i. e., claim damages) even when sentenced to be punished when from ill-will or serious error the complainant, informer, or plaintiff in civil cases has made a statement exceeding the truth respecting his crime. When the appeal of a plaintiff in civil cases against the sentence of a preliminary examination or public trial is rejected, the defendant may claim compensation for damages caused by the appeal. A claim for compensation may be made in the court at any time until the sentence of the court is rendered.

17. The defendant, even though declared innocent, cannot bring a claim for compensation against a court official, investigating official, clerk, or police officer in the department of justice, except when said officials have intentionally caused injury to the defendant, or committed an offense defined in the criminal law.

18. In reckoning time according to this law, hours shall begin at once; in calculating by days the first day shall not be counted in; if the last day is a rest day it shall not be included. The period of the statute of limitations is excepted. One day shall consist of twenty-four hours; one month shall consist of thirty days; and a year shall be determined by the almanac.

19. In reckoning the periods of time fixed in this code, one day’s delay shall be allowed for every 8 “ri” (20 miles) of travel by land, a distance under 8 ri and over 3 ri, shall also count as one day. The delay for travel from islands or from foreign countries shall be determined by special regulation.

20. When the time fixed for making complaints in this law is past, the right to do so is lost except in special cases mentioned herein.

21. When a person interested in a complaint does not reside in the place where the court sits, his residence shall be fixed there temporarily, and notice sent to the clerk’s office; when this is not the case he cannot raise objections, even though documents are not forwarded to him.

22. When, according to this law, there is no special rule for forwarding documents to persons interested in a complaint, the clerk shall make out a communication to be sent, and send it by a messenger belonging to the clerk’s office. When the person who shall receive the communication lives outside the territorial jurisdiction of the court, [Page 695]the clerk of the court where he resides shall he employed to make the communication.

23. Two copies of the communication shall he made out, and one copy sent to the person interested. If it cannot be delivered to him it shall be delivered to a relative or employed person in his residence. The sender shall cause the receiver to sign and seal both copies. If he cannot sign and seal them, a note shall be made of the fact. The documents may be delivered to relatives or servants of the party concerned. If these will not receive them they shall be left with the “kocho” or recorder of the place, and the kocho shall stamp the documents and take steps to forward them speedily to the party for whom they are intended. The forwarder shall note down upon the two copies the name and residence of the receiver and also the time of delivery. When these regulations are not observed the forwarding of documents shall be null and void. The forwarder shall return one copy to the clerk’s office, to be there kept as evidence of the fact that it was forwarded as the law directs.

24. Documents shall not be forwarded on rest days, nor before the sun rises, nor after it sets. If this rule is violated, the forwarding is void unless the person addressed consents to receive the documents.

25. Official documents shall be stamped on each separate leaf with the stamp of the office; and the year, month, day, and place shall be noted in writing. In case the seal canot be used the reason should be assigned. When this rule is violated the documents shall be void and powerless. A document drawn up by a person who is not an official shall be signed and sealed by the writer. If he cannot sign or seal it, he shall get a bystander to sign it and state the reason in writing. Documents drawn up in the presence of an official are exempted from this rule.

26. No official or other person shall alter a word in drawing up an original or making a copy of a document relating to a complaint. If insertions, erasures, or marginal notes are made, they shall be stamped. When words are erased, their form should be left legible, and their number noted. When this rule is violated, the alteration, diminution, or addition shall be void.

27. The rules respecting preliminary examinations and public trials laid down in this law are applicable to crimes committed before their publication. Complainst made before the publication of this law in accordance with the existing law shall be held to be valid.

This law shall be applicable to crimes which shall have the method of their preliminary examination and public trial prescribed by special law to be hereafter published, such rules as are contrary to said law being excepted; but the above shall not be the case in respect to crimes which have had the method of their preliminary examination and public trial prescribed by special law published hitherto.

29. This law cannot be applied to a case which should be dealt with according to army or navy law.

30. In this law the persons described in articles 104–115 of the “Penal Code” shall be regarded as relatives.

Book II.—THE CONSTITUTION AND AUTHORITY OF CRIMINAL COURTS.

Chapter I.—General Rules.

31. Usually one and the same court shall have the right of deciding both criminal and civil cases.

32. The rank of the court and the limits of its jurisdiction shall be determined by the Emperor at the request of the minister of justice.

33. A court shall have attached to it one “ken-satsu-kwan “or investigating official, or more if needed.

34 The duties of the “ken-satsu-kwan” in criminal cases are the following:

(1.)
To search out offenses.
(2.)
To consult a court official on the mode of investigating the offense and on the applicability of the law.
(3.)
To direct the execution of the orders and sentences of the court.
(4.)
To secure the interests of the state in court.

35. One “ken-satsu-kwan” shall be bystander or constant witness in the courtroom.

36. One clerk or more shall be attached to the court.

37. The clerk shall be an observer iii preliminary examinations and public trials, and shall make out examination papers, account of the trial, and other documents relating to the complaint. He shall also preserve the written sentence of the court and all other documents.

38. The jurisdiction of courts is determined as follows according to the kind of offense or crime:

(1.)
The “I-kei-zai” court, or court for the trial of infractions of police regulations, shall have jurisdiction in case of all such infractions.
(2.)
The “kei-zai” court, or court for the trial of light crimes, shall have jurisdiction in case of such crimes.
(3.)
The “shi-zai” court, or court for the trial of grave crimes, shall have jurisdiction over such crimes. When a grave and light crime, or a light crime and an infraction of police regulations are charged at once against one and the same defendant, though not constituting one offense or a conjoint crime, a superior court has jurisdiction over both offenses together.

39. The following shall be regarded as conjoint or united offenses:

(1.)
When one man, or several, commit several crimes in the same place at the same time.
(2.)
When several persons, by agreement, commit several crimes in different places at different times.
(3.)
When one commits an additional crime in order to facilitate the commission of a crime or in order to escape its punishment.

40. Of courts of the same rank the court of the place where the offense is committed shall have jurisdiction in the preliminary examination and public trial. When the place of the commission of the crime is not clearly ascertained the court of the place where the accused is arrested shall have jurisdiction.

41. When a single crime is committed simultaneously or continuously in the territorial jurisdiction of several courts, the court of the place where the defendant is arrested shall have jurisdiction. The case is the same when several crimes are disclosed together.

42. When an offender is arrested in the territorial jurisdiction of a court different from that in which the offense was committed he shall be sent to the nearest court having jurisdiction. When an offender is arrested on a writ he shall be sent to the court which issued the writ.

43. In the case of several courts having jurisdiction, when the defendant cannot be arrested, or when by law an arrest is not allowable, then the court which first undertakes preliminary examination or public trial shall have jurisdiction.

44. The court which has jurisdiction over a principal shall also have jurisdiction over an accessory. When several principals are under the jurisdiction of different courts, the court that first undertakes preliminary examination or public trial shall have jurisdiction in the case. This article (44) shall not have force in the case of ko-to-ho-in, or nobles’ court, or of the army and navy courts, the jurisdiction of which is specially defined by law.

45. When a defendant is arrested in Japan for an offense committed in a foreign country, but punishable by the law of Japan, the court of the place where the arrest is made shall have jurisdiction. When he is sent back from a foreign country the court of the place to which he is sent shall have jurisdiction. When it is necessary to try an absent person, the court in the place where the defendant last resided shall have jurisdiction. When this place is not clearly known an appeal shall be made to have the jurisdiction determined.

46. The jurisdiction over a crime committed on board a merchant vessel, and also the mode of procedure in making complaint, is decided by special law.

47. The court official who conducts the preliminary examination shall have no connection with the public trial; and excepting the right to petition and to object to the trial of an absentee, the court officers who conduct the preliminary and public trials shall have nothing to do in deciding cases on appeal. If this rule is violated the sentence shall be null and void.

48. A court has a right to determine itself whether it has jurisdiction or not in the case of a complaint which it has entertained. Against its decision, however, even in the case of a final trial, the “ken-satsu-kwan,” or other persons interested in the complaint, may appeal according to the usual regulations.

Chapter II.—Police Courts.

49. A “shi-an-sai-bansho,” or court for the preservation of the peace, shall as a police court try offenses against police regulations committed within its jurisdiction.

50. A judge of “shi-an-sai-ban-sho “(article 49) shall perform the duties of a judge (of the police court. When the judge is prevented from performing these duties, an assistant judge may perform them.

51. The police officer of the place where the court is located shall perform the duties of a “ken-satsu-kwan,” (see article 1 et passim.)

52. The “ken-satsu-kwan” of a police court shall make out a list of the decided and undecided cases monthly, and forward it to the “kenji” of the “kei-zai-sai-bansho,” or court for the trial of light crimes. The judge of the police court shall stamp this list, and append his opinion when he has any to give.

53. The clerk of the shi-an-sai-ban-sho (see 49) shall perform the duties of the clerk of the police court.

[Page 697]

Chapter III.—”Kei-zai-sai-ban-sho,” or Court for the Trial of Light Crimes.

54. The “shi-shin-sai-ban-sho,” or court of primary investigation, as a “kei-zai-sai-ban-sho” (see 52), shall try light crimes committed within its jurisdiction. It shall also make the preliminary examination of grave and light crimes. It shall also try appeals against the primary examinations of police courts in its jurisdiction.

55. The chief officer of the court shall order one judge of the “shi-shin-sai-ban-sho” (see 54) or several judges in turn to perform the duties of a judge in the “kei-zai-sai-ban-sho” (see 52) for a period of one full year at a time, and may cause him, or them, to continue to perform the duties for another full year after the expiration of the first term of one year.

56. The minister of justice shall order one judge of the “shi-shin-sai-ban-sho” (see 54) or several judges to perform the duties of judges in making preliminary examination and may order them to continue in the exercise of said duties for a year or more longer.

57. When a judge is prevented from performing his duties, another judge or assistant, judge may perform them. An assistant judge may be a witness or voucher in preliminary examination or public trial, and may give his opinion.

58. The kenji (see article 1), or an assistant kenji of a court of first investigation shall perform the duties of a prosecuting official of a court for the trial of light crimes.

59. The clerk of a “kei-zai-sai-ban-slio” (see article 54) may have his duties performed by the clerk of a “shi-shin-sai-ban-sho” (see article 54).

60. The chief of police in Tokei (Yedo) and the chief officers of for or ken (cities or provinces), excepting the city of Tokei shall be regarded as police officers of the department of justice, having the same powers as a kenji (article 58) to search out crimes. The following officials shall be regarded as assistant kenji (see 58) to hunt up crimes, as police officers of the department of justice, according to the rules laid down in Book III:

(1.)
Superior and ordinary officers of police.
(2.)
The heads of wards and districts.
(3.)
Justices of the peace.
(4.)
The heads of subdivisions of wards and districts where there are no ordinary police officers.

61. The police officers, kenji, and court officers belonging to the judicial department shall receive orders from other like officers to collect within their jurisdictions evidence and means of ascertaining facts needed in investigating offenses.

62. The kenji (see 58) shall make out a list of the decided and undecided cases tried in preliminary examination or public trial and shall forward it to the head kenji of the “ko-so-sai-ban-sko” or court of appeals. He shall also at the same time forward to the head kenji the list sent in by the prosecuting official of the police court, with his opinion appended, if required. The chief of the court shall stamp the above list and ff necessary add his opinion.

Chapter IV.—“Ko-so-sai-ban-sho,” or Court of Appeals.

63. In the court of appeals a bureau for punishments shall be established to try appeals against the judgment of the first trial of the court for trying light crimes (see article 38). Three or more judges shall conduct the trial.

64. The chief of the court shall order several judges of this court to perform the duties required in the bureau of punishments in order during one year; and may cause them to continue in office a second full year.

65. When a judge of the bureau of punishments is disabled, the chief of the court may make a judge of the bureau of civil cases perform the duties. The chief of the court may at any time become the chief judge.

66. The chief of the kenji (see 58) or a kenji of his nomination shall perform the duties of a kenji in the bureau of punishments.

67. The chief kenji within the jurisdiction of the court may perform the duty of instituting complaints usually made by a kenji of the court for the trial of light crimes; or may cause another kenji belonging to the bureau of punishments to perform it. Complaints instituted and other duties performed as above should be reported to the prosecutor of the district. The chief kenji shall have the oversight of the police officers and the other kenji in his jurisdiction,

68. The chief kenji shall make out a list of decided and undecided cases every three months and send it in to the minister of justice. He shall at the same time send to the minister of justice the lists sent in from the court tor the trial of light crimes, with his opinion when necessary. The chief of the court shall stamp the list and append his opinion when he has one to give.

69. The clerk’ of the court shall perform the duties of the clerk of the bureau of punishments.

[Page 698]

Chapter V.—“Ju-zai-sai-ban-sho,” or Court for the Trial of Grave Crimes.

70. This court shall try grave crimes committed in its jurisdiction.

71. This court shall he opened every three months. If cases are numerous the chief of the court of appeals and the chief kenji shall represent the case to the minister of justice, and obtain permission to hold a special session.

72. This court may be opened in a court of appeal, or a court of first investigation.

73. This court shall consist of the following officers:

(1.)
One chief judge whom the chief of the court of appeal shall appoint from among the judges of said court.
(2.)
Four associate judges. When this court is opened in a court of appeal the head of that court shall appoint these associate judges from among the judges of that court; when it is opened in a court of first investigation the chief of that court and the judges who have served longest shall be appointed.

74. The chief kenji or a kenji of a court of appeals appointed by him shall perform the duties of the prosecutor in the court for the trial of grave crimes. When this court is held in a court of first investigation the chief kenji shall cause a kenji of this latter court to perform the duties of the prosecutor.

75. The duties of the clerk of a court for the trial of grave crimes shall be performed by the clerk of the court in which this court is held.

76. The chief kenji of the court of appeals after the court is closed shall make out a list of decided and undecided cases and forward it to the minister of justice. The chief of the court of appeal shall stamp the list and add his opinion when he has one to give.

Chapter VI.—The “Tai-shin-in,” or Supreme Court.

77. In the Iai-shin-in a bureau of punishment shall be established to decide the following cases:

(1.)
Appeals.
(2.)
Claims for rehearing.
(3.)
Requests to have jurisdiction determined.
(4.)
Requests to have jurisdiction removed for the sake of public peace and security.

78. No cases can be tried in the bureau of punishments unless there are five or more judges.

79. On the representation of the minister of justice to the emperor the duties of judges in the bureau of criminal cases shall be assigned to judges of the tai-shin-in, or supreme court. If these judges are prevented from serving, judges of the bureau of civil cases shall be appointed in the order of their seniority.

80. The chief kenji of the supreme court or a kenji appointed by him shall perform the duties of a prosecutor in the bureau of criminal cases.

81. The clerk of the supreme court shall perform the duties of clerk in the bureau of criminal cases.

82. The head kenji shall every three months make out a list of decided and undecided cases and forward it to the minister of justice. The head of the supreme court shall stamp the list and add his opinion when he has one to give.

Chapter VII.—The “Ko-to-ho-in,” or High-Rank Court.

83. The offenses mentioned in Chapters I and II of Book II of the “criminal code” shall be tried in this court. Also grave crimes committed by nobles, and light crimes punishable with confinements, and grave crimes committed by commissioned officers of the government shall be tried in this court; as also principals and accessories of the above persons without regard to rank.

84. This court shall be opened at the discretion of the emperor on representation from the minister of justice. The cases to be tried and the places for holding the court shall also be determined by the emperor. This court shall consist of the following officers:

(1.)
One chief and six assistant judicial officers to be appointed beforehand by imperial authority from the senators and judges of the supreme court.
(2.)
The provisonal judicial officers appointed in the same manner as the foregoing.

86. The duty of conducting the preliminary examination shall be performed by one judge or more of the bureau of criminal cases in the supreme court, according to imperial order.

87. The head kenji of the supreme court or a kenji nominated by the minister of justice shall perform the duties of prosecutor in this court of the “ko-to-ho-in.”

88. The clerk of the supreme court shall perform the duties of the clerk of the “ko-to-ho-in,” or high-Tank court.

89. No appeal from the decision of this court will be allowed except in the following oases: [Page 699]

(1.)
Objections in case of the trial of an absentee.
(2.)
Petition in cases like those described in article 436.
(3.)
Claims for rehearing like those described in article 439.

90. When the cases are numerous, or when a claim for rehearing is to be tried, members of the court shall be appointed anew.

91. The method of procedure in making complaints in this court shall be according to the usual rules.

Book III.—SEEKING OUT CRIMES—INSTITUTING PROCESS, AND PRELIMINARY EXAMINATION.

Chapter I.—Of Seeking out Crimes.

92. The kenji when, by complaint, report, or actual observation, or by any other means, he learns that an offense has been committed, shall seek out the evidence and the offender and institute proceedings according to the rules given in articles 107 and onward.

Section I.—Complaint and information.

93. Any one who has received injury in consequence of the commission of a grave or light crime shall complain to the judge of a court of preliminary examination, to a kenji, or to a police officer of the department of justice, in the place where the offense was committed or the defendant resides. When a judge of a preliminary court receives a complaint he shall take steps as directed in article 114 and onward. When a kenji receives a complaint he shall act as directed in article 107 and onward. When a police officer of the department of justice receives a complaint he shall at once forward the documents to a kenji. In the case of an infraction of police regulations, complaint may be made to the kenji of a police court, or to a police officer of the department of justice. When such police officer receives a complaint he shall hand it over to a kenji of the police court.

94. The person making complaint shall, if possible, furnish the proof and means of ascertaining the facts in the case. He may also, according to article 110 and onward, become plaintiff in civil cases.

95. The complaint shall be in writing, signed and sealed by the person making complaint. It may be by word of mouth, in which case the official receiving the complaint shall make out a written statement of the case and read it to the person making the complaint, and both the official and the complainant shall sign and seal this statement. If the person complaining cannot sign it a note shall be made of this fact. A certificate to the effect that the complaint has been received shall be delivered to the person making the complaint.

96. If an official in the exercise of his official duties ascertains or is led to believe that a grave or light crime has been committed, he shall report the matter to the kenji of the district in which he is employed or engaged. This report shall be in writing, signed with the-name of the official, and sealed by him. If possible the proof and means of ascertaining the facts should be inclosed. A report or information respecting an infraction of the police regulations shall be made to the kenji of the police court.

97. When any person whatever ascertains or is led to believe that a grave or light crime has been committed, he may report the matter to a judge, akenji, or to a police officer of the judicial department in the place where he resides, or where the crime has been committed, according to articles 94 and 95. The official who receives this report shall act as directed in article 93.

98. Complaints and reports may be made by a substitute, except in the case mentioned in article 96 above. The complaint of a powerless person when made by a legal substitute is valid.

99. Complaints or reports maybe withdrawn or altered. In this case even the claim of the defendant for damages, according to article 16, shall be received.

Section II.—Crimes detected in the act of commission.

100. The offenses considered in this section are those which are discovered in the act of commission or immediately afterwards.

101. In the case of grave or light crimes, the following shall be considered as belonging to the class named in section II:

(1.)
When any one is pursued as an offender by one or more persons.
(2.)
When any one has on his person weapons, stolen goods, or other things such as offenders are supposed likely to carry.
(3.)
When a district civil officer, the kocho, shall request the officials to investigate a crime committed in a house, or to arrest a person supposed to be an offender.

[Page 700]

102. When police officers of the judicial department, or policemen in the performance of their appropriate duties, perceive a grave or light crime being actually committed they shall arrest the defendant without a writ. When they find any one in the act of violating the police regulations, they shall inquire for the name and residence of the defendant, and report him to the kenji of the police court; when the name and residence are not clear, or when there is fear lest the offender escape, they may bring him to the police court.

103. When a policeman arrests a defendant he shall draw him at once before a police officer of the judicial department. The police officer who takes charge of such defendant shall make out a written account of the arrest, and notice or report of the policeman.

104. When a police officer, as above, arrests a defendant or takes charge of one, he shall make arrangements for the examination of the defendant.

105. Any person whatever when he sees a grave or light crime in the act of commission may at once arrest the defendant.

106. In the case mentioned above (article 105) the person making the arrest shall deliver the person arrested into the hands of the police officials. If he cannot so deliver him he may give his own name, business, residence, and reasons for making the arrest to a policeman, and hand over the offender also to the policeman provisionally. When any one hands over a defendant to a policeman he shall immediately make complaint or report the matter. The defendant or the policeman may require the person making the arrest to come along with him to the station, and the person making the arrest cannot decline to comply with the requisition without good reason.

Chapter II.—Institution of Complaints.

Section I.—Institution of complaint by the kenji.

107. When the kenji has finished his investigation of a crime he shall take the following steps:

(1.)
Respecting a matter which he regards as a grave crime, he shall ask a judge of a preliminary court to make a preliminary examination.
(2.)
Regarding a supposed light crime, hi may, according to the difficulty of the case, either request preliminary examination to be made or he shall make his complaint in a court for the trial of light crimes.
(3.)
Respecting a matter which he regards as an infraction of police regulations, he shall add his written opinion to the documents to be used as evidence and forward the whole to the kenji of the police court.
(4.)
Respecting a matter about which there is an opinion that jurisdiction is altered by reason of rank, place, or the nature of the offense, the defendant shall be sent to the kenji of the court having Jurisdiction. When it is supposed that the matter charged is not a crime, or that public accusation should not be received, no steps shall be taken to institute proceedings.

108. When accusation is made in the cases mentioned in article 107 notice of the proceedings shall be given to the injured party by the kenji.

109. When the kenji requests preliminary examination he shall forward the evidence and the means of ascertaining facts, and shall indicate the place to make the examination, the persons to be arrested, and the witnesses of the plaintiff.

Section II.—Institution of complaint by the plaintiff in civil cases.

110. When the person injured by a grave or light crime intends to make a private complaint along with the official complaint, he shall give notice of this fact to a judge of the court for preliminary examination when he brings forward his case or immediately afterwards. When the judge has received notice from the person injured that he is to be plaintiff in a civil case, he, the judge, shall consider that he has at once received an official and a private accusation, even though the kenji does not institute proceedings. When a judge, as above, receives a statement from a person injured that he is to be plaintiff as aforesaid, he, the judge, shall notify the kenji of the fact.

111. The person injured may, at any time, till final sentence respecting the matter officially charged is rendered, make a private complaint or may alter what he has solicited. He may also renew his complaint after he has once withdrawn it, and may alter what he has solicited.

112. A person injured may make his private complaint, withdraw it, or relinquish his rights through an attorney. When the person injured is incompetent his lawful attorney shall act for him.

Chapter III.—Preliminary examination.

113. With the exception of grave and light crimes detected in the act, the judge [Page 701]who makes the preliminary examination according to the rules laid down in the foregoing chapter cannot make said examination without a request from the kenji or from the plaintiff in civil cases. If he violates this rule all proceedings prior to the said request shall be void.

114. A judge who conducts preliminary examination, whenever he receives a complaint or notice directly, respecting a grave or light crime, shall call the defendant with a summons, and may interrogate him. If he thinks the examination should be pursued he shall forward the case to a kenji.

115. When the judge who conducts the preliminary trial thinks the case brought before him demands haste, he shall issue a writ to arrest and bring the defendant, and after examination may issue a writ for his detention; in which case he must notify the kenji at once. He must also forward the evidence and things required in order to ascertain the facts. If the kenji does not institute proceedings within one day after said notice the defendant shall be forthwith discharged; but this shall not be an obstacle against making a complaint thereafter.

116. When the judge of the place where the defendant resides receives a complaint directly, or through a kenji when the case is urgent, he shall conduct the interrogation and investigation according to the usual rules, and afterwards forward the proof and things needful in, forming an opinion of the facts to the judge of the preliminary court of the place where the offense was committed. If he regards the offender as worthy of a punishment higher than confinement, he may forward him under a writ of arrest and detention.

117. At any time during the preliminary examination the kenji may request from the judge the documents relating to the accusation and examination, but must return them within twenty-four hours. He may also at any time inquire respecting any procedure he may deem necessary.

Section I.—Respecting writs or orders.

118. The judge who conducts the preliminary trial shall issue a summons for the defendant when he has received in charge a case of a grave or light crime on the instance of a kenji or a plaintiff in civil cases. Twenty-four hours delay must, however, be allowed between the time of issuing the summons and the defendant’s appearance in court. A defendant who enters court on summons must be interrogated at once, at least within the day of his appearance in court.

119. When the person to be summoned does not reside within the jurisdiction of the judge the latter may indicate the points to be investigated to the judge of the place where the defendant resides, and request his co-operation.

120. When a defendant who has received a summons does not appear in court at the time appointed, the judge may issue a writ to arrest and produce him.

121. In the following cases a judge may issue a writ of arrest at once:

(1.)
When the defendant has no fixed residence.
(2.)
When there is fear lest the defendant destroy the evidence of his guilt or escape.
(3.)
When there is apprehension that the defendant has the intention of committing a crime that he has attempted or threatened.

122. Any one who has received an order to carry into effect a writ of arrest shall deliver the defendant to the judge that issued the order. A defendant who is produced on a writ of arrest shall be examined within forty-eight hours. If this time is allowed to pass by the defendant shall be released at once, unless a writ for his detention is issued.

123. When the defendant resides outside of the judge’s district at the time of the issue of a writ for his arrest, he may request examination by the judge of the place in which he resides. The judge so requested shall provisionally arrest the defendant and at once notify the judge who issued the summons for the arrest of the fact.

124. In the case mentioned in article 123 above, the judge who issued the writ of arrest shall indicate to the judge who arrested the defendant, the points to be inquired into, and commit the matter to him, or he may ask that the defendant be forwarded under the writ of arrest issued by him. The judge who receives such a case in charge shall report the fact, after he has examined the defendant, to the judge who issued the writ of arrest, get his opinion, and render sentence either to release the defendant or to forward him to the court having jurisdiction under the writ of arrest already issued.

125. When a judge has clear evidence that a defendant who has received a summons or writ of arrest is not able to comply with the order from sickness or other sufficient reason, he may interrogate him at his residence. If the defendant resides outside of the judge’s jurisdiction he shall request a judge of the place of the defendants’ residence to conduct the examination.

126. A writ to arrest and detain a person cannot be issued unless there is apprehension that the defend ant will escape, or (the cases mentioned article 123 being excepted) unless it is supposed, after examination, that he deserves to receive a punishment as severe or severer than confinement.

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127. When ten clays are past after the writ of arrest and detention has been executed the judge in charge of the preliminary examination may change it for a writ of surveillance, or he shall deliver the defendant into the care of suitable persons, according to article 219. The kenji may request the judge not to deliver the defendant in charge, but to detain him anew for ten days longer.

128. A writ of surveillance cannot he issued unless notice that the preliminary examination has already been begun has been given to the kenji, and his opinion obtained.

129. The following points shall be inserted in a writ of surveillance.

(1.)
An abstract of the accusation and of the aggravating or extenuating circumstances, when any such exist.
(2.)
The exact section of the law under which the crime is punished.
(3.)
The fact that the kenji’s opinion has been heard.

130. In every writ, the accusation and the name, business, and residence of the defendant shall be inserted, and, with the exception of a summons, when the name is not clear a personal description shall be given. A writ shall also contain the date of its issue, and be signed and sealed by the judgen in charge of the preliminary examination and the clerk. Policemen shall be employed to execute writs of arrest, detention, and surveillance.

131. A messenger connected with the clerk’s bureau shall be employed to forward a summons to the defendant or to his residence, according to article 23.

132. Writs of arrest, detention, and surveillance shall be valid throughout all the Empire of Japan. According to the requirements of the time, several copies shall be made out and delivered to several different policemen. In carrying into effect the writs mentioned above, the original shall be shown to the defendant and a copy given to him, in which case the second and fourth paragraphs of article 23 must be observed.

133. A policeman who has received an order to execute a writ, when he thinks the defendant is hidden in his own or another person’s house, shall get the kocho, or district recorder, or, when this is impossible, two neighbors to act as witnesses, and search for him. The policeman, whether he finds the defendant or not, shall make out an account of the search and along with the witnesses shall sign and seal it. A house cannot be searched before sunrise or after sunset.

134. When the judge in charge of the preliminary examination knows or thinks that the defendant is hidden in another jurisdiction, he may, when the accusation requires haste, send a policeman with a writ. The policeman shall show this writ to the judge, kenji, or police officer of the district where the defendant resides, and ask that it be executed at once.

135. When the judge charged with the preliminary examination does not know the place where the defendant resides he shall send a description of the person of the defendant to the head kenji of the court of appeals and ask him to search for and arrest him. The head kenji who has received such a request shall cause the kenjis to take steps to search for and arrest the defendant.

136. When a writ is issued for a soldier employed in the army or navy it shall be shown to the chief officer in charge, who, if possible, shall oblige the soldier to comply with the demands of the writ. This shall be done even when the army is in service.

137. A defendant who has received a writ of detention or surveillance shall at once be delivered up to the officers of the guard-house mentioned in the writ. If this cannot be done he shall be handed over temporarily to the officers in charge of the nearest guard-house. In any case the chief officer of the guard-house shall receive the defendant after examining the writ and give a certificate to that effect.

138. A policeman who has received an order to execute a writ, when he has executed it or when he has been unable to execute it, shall note the fact and assign the reasons in the original copy of the writ. The policeman shall forward the documents relating to the execution of the writ to the clerk’s bureau and the clerk shall give a receipt for the same.

139. When the defendant who should receive a writ of detention or surveillance is already confined in a guard-house or jail the clerk shall give notice of this fact to the parties concerned, and note the fact in the original and copies of the writ.

140. The case of close separate confinement being excepted, the defendant may see his relatives, acquaintances, and attorney in the presence of the officials, according to the prison regulations. Letters, books, and. other writings cannot be passed between the defendant and other persons without receiving the inspection of the judge in charge of the preliminary examination, who may retain such documents.

141. When the judge does not regard the person accused as deserving a punishment as high or higher than confinement he may at any stage of the proceedings cancel the writ of detention or surveillance, but when he cancels a writ of surveillance he must first get the opinion of the kenji.

142. Copies of the criminal code and code of procedure shall be kept in the prison and given to the defendant at his request.

[Page 703]

Section II.—Separate confinement in close apartments.

143. The judge in charge of the preliminary examination may, at any stage of the procedure, if he deems it necessary in order to find out the facts in the case, sentence a defendant who has received a writ of detention or surveillance, on request from the kenji or by his own official authority, to be confined in a close apartment.

144. The defendants who have received such sentence of confinement shall each one be placed in separate rooms and, without the permission of the judge, shall not see others nor interchange letters, money, or other things with them. Even food, drink, medicine, and other things provided in the jail shall be given by a person specially appointed by the head jailer.

145. Such separate close confinement shall not exceed ten days at a time; but the sentence may be renewed every ten days. When the sentence is renewed the reason shall be reported to the chief judicial officer of the court. The judge in charge shall interrogate the defendant at least twice every ten days and make out an account of the examination according to the usual rules.

Section III.—Evidence.

146. In law no conclusion of guilt is to be drawn from the manner of making the accusation. The confession of the defendant, the examination papers of the officials, objects presented in evidence, the statements of witnesses and experts, and all other kinds of evidence must be submitted to the judicial decision of the judges.

147. The judge in charge of the preliminary examination, at the request of the kenji, the plaintiff in civil cases, and of the defendant, or by his own official authority, shall collect proof and evidence deemed necessary to ascertain the facts in the case.

148. The presence of the clerk is requisite when the acting judge makes special investigation, searches a house, seizes articles, or interrogates the witnesses of the defendant. The clerk shall write an account of the search and, with the judge, shall sign and seal it. When, in a case of haste outside the court, the clerk’s presence cannot be had two witnesses will be requisite. When, however, the defendant is questioned in prison, one of the prison officials shall be made to act as witness. In the cases mentioned above the acting judge shall himself draw up an account of the transaction, and, together with the persons present as witnesses, shall sign and seal it. Any steps taken without the presence of the clerk or witnesses shall be null and void.

Section IV.—Examination of the defendant and confronting him with others.

149. The acting judge shall first examine the defendant, except in cases when haste is required in order to make inspection or examine witnesses.

150. The acting judge shall not use threats or dissimulation in order to make the defendant confess his guilt.

151. The clerk shall record the questions and answers and read them to the defendant. The acting judge shall ask the defendant whether the facts are as recorded or not, and then cause him to sign and seal the document. If he cannot sign it this fact is to be noted. The clerk shall note that he has observed the form prescribed in this article, and sign and seal his record along with the acting judge.

152. When the defendant states that he should change, add to, or diminish from his statement the examination shall be made anew, and the questions and answers recorded according to the foregoing article, and the record read to him and signed and sealed.

153. The defendant may ask for a copy of the above statement.

154. When the acting judge thinks it important in order to prove that a defendant was an accomplice or to prove his identity, or to show any way whatever of finding out other facts, he may make him confront other defendants, witnesses, or other persons for this purpose.

155. The clerk shall record the statements of the persons confronted, and all matters resulting from the examination, and shall read to the parties confronted the parts relating to their cross-examination. The rules contained in articles 151 and 152 are applicable also when parties are confronted as above.

156. When the defendant or person who confronts him is deaf the examination shall be in writing; if the deaf or dumb person cannot read, an interpreter shall be called. The same shall be the case when the defendant and the person who confronts him do not understand the language of the country. When defendant is dumb the reply shall be in writing.

157. The interpreter shall make oath that he will translate correctly. The clerk shall read his account of the matter to the interpreter and cause him to sign and seal it. The rules laid down articles 192, 193, and 200 are applicable in this case also.

[Page 704]

Section V.—Examination for proof and the seizure of articles.

158. The acting judge when he thinks necessary in order to discover facts, shall go to the place where a grave or a light crime has been committed and make examination for verification. Also when requested by the kenji in any case whatever, special examination shall be made.

159. The acting judge shall make out an account as to how to prove clearly the identity of the defendant and the nature, manner, time, and place of the crime. He shall also append the way that would promote-the advantage of the defendant.

160. When the acting judge thinks that the things discovered at place of special investigation will by reason of their source or character suffice to prove the identity of the defendant or the character of the crime he shall seize them and mark them with his stamp and make a list of them. The clerk shall insure the safe keeping and forwarding of said articles.

161. When the acting judge cannot finish the examination, house searching, and seizure of articles in one day he shall shut up the place or set a watch.

162. The acting judge may make special examination at the residence of the defendant or at the residence of any one whom he may fear has hidden articles calculated to show the facts in the case. When the defendant or person suspected of hiding articles is not at home, the presence, as witnesses, of relatives residing in the same place, or, when these are absent, the presence of the kocho or district recorder is requisite. In this case also the rule laid down in the third paragraph of article 133 is applicable.

163. The defendant may be present as a witness, or may cause an attorney to be present when examination and search of house takes place. If the defendant is under arrest he cannot be present as a witness except when the acting judge thinks it necessary. The plaintiff in civil cases or his attorney may be a witness of proceedings such as are above described, but the judge must not delay the trial on their account.

164. When a house is searched the judge shall seize the articles according to article 160. When articles are seized a copy of the list shall be delivered to the witnesses.

165. The acting judge shall show the articles seized to the defendant and make him give explanations, whether he was present when they were seized or not. He shall also write an account of the questions proposed and answers given.

166. When the acting judge thinks it necessary to hear the statements of witnesses at the place of examination he shall interrogate them specially in the presence of the clerk. Here also the rules laid down in article 170 and onward are applicable.

167. The judge while conducting the proceedings mentioned in the foregoing articles may forbid any one to enter or leave the place; and if any one violates the prohibition he may exclude or detain him till the end of the proceedings.

168. The acting judge, even in his own jurisdiction when requested, may commit the examination and search of the house to a justice Of the peace of that place.

169. The acting judge, when he thinks necessary in order to discover facts, may assign a reason to the transportation, telegraph, and railroad offices, and receive and open letters and dispatches sent to or from the defendant or other persons concerned in the trial. For these documents a receipt must be given. When the forementioned documents and articles are useless they shall be returned to the offices from whence received.

Section VI.—Interrogation of witnesses.

170. The acting judge shall call out the persons named as witnesses by the kenji, the plaintiff in civil cases, and the defendant. When the number of witnesses for the plaintiff and defendant is great, in case of a light crime, five each, and in case of a grave crime, ten each, shall be called, in the order of their nomination or according to their probable knowledge of the facts, This rule shall not be observed when it is deemed necessary to call out more in order to ascertain facts. The judge may also by his official authority call out others not nominated by the plaintiff.

171. The witnesses shall be called in the name of the acting judge; and the summons shall be forwarded in the manner prescribed, article 23. If the witness lives in another jurisdiction, tile clerk of the court for the trial of light crimes in his district shall be requested to send the summons.

172. The acting judge, when the witness does not reside in the jurisdiction of his court, may get a justice of the peace in his place of residence, to conduct his examination. When the judge does not live in the district of the court where the witness resides he may get a justice of the peace of that district to conduct his examination. In the above two cases, the summons in the name of the judge employed to conduct the examination shall be issued from the clerk’s bureau of said judge’s court.

173. The witness’ name, residence, and business shall be given in the summons. It shall also be stated that the witness will be sentenced to pay a fine or be arrested in case he does not put in an appearance at the specified time and place, according to the [Page 705]summons. At least twenty-four hours must he allowed between the time of forwarding the summons and the appearance in court.

174. When the witness clearly shows that he cannot comply with the summons on account of sickness, public duties, or other sufficient reason, the acting judge shall examine him at his residence.

175. When a proposed witness is engaged in the army or navy the summons shall be sent through the chief officer, who shall at once certify that he will cause him to appear in court. Or when there is any unavoidable reason for delay, he shall assign the reason and ask the judge to postpone the appearance in court.

176. With the exception of the two cases mentioned above (articles 174, 175), when a witness does not obey a summons the acting judge shall get the opinion of the kenji and by sentence impose a fine of from two to ten yen (from $2 to $10). Against this sentence no objection or appeal can be made. The acting judge may, along with the sentence against the witness to pay a fine, issue a second summons or a wit of arrest at once, the expenses to be paid by the witness. If the witness does not comply with this second summons his fine shall be doubled and a wit of arrest issued.

177. When the witness can show that he did not receive the first or second summons, or that the summons itself was contrary to article 173, or that he could not appear in court on account of some sufficient reason hard to be foreseen, the judge shall get the opinion of the kenji and cancel the sentence to pay a fine.

178. When a witness enters court on a summons he shall hand it to the clerk. If he has lost it, he shall prove his own identity.

179. The acting judge shall ask the name, age, business, and residence of the person called as a witness, and shall ask him whether or not he is such a person as is described in article 181.

180. The judge shall make the witness swear that he will speak the truth without fear or favor. The judge shall read the oath to the witness, and make him sign and seal it; if he cannot sign and seal it this fact is to be appended. The written oath shall be filed with the written charges.

181. The following cannot be witnesses, but their statements may be heard in order to ascertain facts:

(1.)
The plaintiff in civil cases.
(2.)
Relatives of the plaintiff in civil cases or of the defendant.
(3.)
Guardians of the plaintiff or defendant, or persons under their supervision.
(4.)
Employés of the plaintiff or defendant.

182. The following also cannot be witnesses:

(1.)
Children under sixteen years of age.
(2.)
Persons of defective understanding.
(3.)
Deaf and dumb persons.
(4.)
Persons whose civil rights have been taken away or suspended.
(5.)
Persons sentenced to be transferred to a court for the trial of grave crimes, or persons marked for public trial for a light crime punishable with severe confinement.
(6.)
One who has been accused on a point not yet cleared up and released from lack of evidence.

183. When a witness will not swear, or having sworn will not testify, the acting judge shall consult the kenji, and sentence him to pay a fine according to article Id) of the criminal code. From this sentence no appeal can be made. Physicians, apothecaries, midwives, attorneys, advocates, government witnesses, or priests, who in the exercise of their callings have been intrusted with secrets, are excepted from the operation of this law.

184. The several witnesses and defendants shall each be examined separately. When it is thought necessary, the witnesses and the defendant may be made to confront each other to elicit facts.

185. The acting judge may, when he thinks necessary in order to verify a witness’ testimony, take him to the place where a grave or light crime was committed, or to any other place. If the witness refuses to go along, he shall be sentenced to pay a fine according to article 176.

186. Articles 156 and 157 are applicable to witnesses also.

187. When a noble or commissioned officer is a witness the acting judge and clerk shall take his testimony at his residence.

188. The clerk snail keep notes of the witness’ testimony, to which notes he shall append the fact of the witness taking oath, or his reasons for not taking it.

189. The acting clerk shall make the clerk read his notes to the witness to let him see whether they are correct or not as regards his testimony. The witness may ask to alter, add to, or take from his testimony, and the clerk shall record this fact, together with the points altered, inserted, or taken away, and the acting judge and witness shall both sign and seal the record. In case the witness cannot sign it, this fact shall be recorded.

190. The witness may at once ask for his traveling expenses and daily allowance for [Page 706]appearing in court. If lie is a day laborer, be may ask for an amount equal to his day’s wages, in addition to his traveling expenses and daily allowance. In this case, the acting judge shall determine the amount and order it to be paid.

Section VII.—Of experts.

191. When the acting judge thinks it necessary, in order to ascertain the nature, manner, or result of an offense, he shall cause one or more persons, who are qualified by reason of their learning or business, to make an examination.

192. The experts shall be called by summons from the clerk’s bureau, in which the facts that they are called to render opinion in the case of a crime, and that they will be fined if they do not obey the summons shall be stated. If the experts do not obey the summons they shall be dealt with according to article 176, but no writ of arrest shall be issued. Article 177 shall also be applicable in this case.

193. The experts shall take an oath that they will decide truly. The oath shall be in the form prescribed in article 180. The clerk shall note the fact that oath was taken in the margin of the order to act as experts and file the written oath therewith.

194. If the experts shall refuse to swear, or after having sworn shall refuse to act as experts, the acting judge shall get the opinion of the kenji and sentence them to pay a fine according to article 179 of the criminal code. Against this sentence no objection or appeal shall be made.

195. The persons described in articles 181, 182 cannot be ordered to act as experts, but they may be ordered to act as experts in cases of emergency to ascertain facts, when there are no proper experts to be found.

196. If possible the acting judge shall be present at the time when the experts decide a matter.

197. The acting judge by his own authority or at the request of the experts may increase their number, or he may make other experts perform the duties.

198. The experts shall make a written report and state particularly the method, result and time of making their examination. If they do not reach any decision they shall state what they suppose to be the facts. When the experts differ in opinion each one shall make out a written report, or each one may state his opinion in the one report.

199. The experts shall give the day, month, and year in their report, and sign and seal it. The day, month, and year when the acting judge received the report shall be stated therein, and the whole signed by the judge and clerk together. The report shall be tiled along with the order to act as experts. When a foreigner acts as an expert a translation of his report, made by an interpreter appointed by the court, shall be tiled along with the report.

200. Traveling expenses, wages, and other suitable compensation shall be given to experts and interpreters.

Section VIII.—Crimes detected in the act; their trial.

201. In case the acting judge learns of a grave or light crime detected in the act before the kenji learns of it, he may, if the case demands haste, report the matter at once and begin the trial without waiting for the petition of the kenji. The acting judge may make special investigation at the place of commission, issue writs, and take other steps requisite in the trial, according to the rules laid down in this chapter.

202. In the foregoing cases the acting judge may regard his written account of his search for evidence as equivalent to a public accusation, even though the kenji does not institute process. In this written account it must be stated that the offence is a grave or light crime detected in the act. The acting judge shall at once forward the documents to the kenji, and though the kenji is of the opinion that the trial should not be continued he shall conclude it according to the usual rules.

203. When the kenji learns of a grave or light crime detected in the act before the acting judge learns of it, without waiting for the judge he may give him notice of the fact, and proceed to make special investigation at the place of commission and conduct proceedings proper for the judge, but he cannot issue sentence to pay a fine. He shall hear the testimony of witnesses and experts not under oath.

204. In the forementioned cases the kenji shall add his written opinion to the documents in evidence and forward the whole at once to the judge.

205. A police officer of the judicial department may perform the same duties as a kenji, according to article 203, but he cannot issue a writ. Such police officer shall add his opinion to the documents in evidence, and forward the whole to the kenji with the defendant.

206. When the kenji has received the defendant he shall examine him within twenty-four hours, make out his notes of examination, and, not asking whether a writ of arrest has been issued or not, add his request to the other documents and forward [Page 707]them to the judge. If he thinks process should not be instituted he shall forthwith release the defendant.

207. The judge shall examine the defendant within twenty-four hours. In this case he may or may not annul the writ of arrest issued by the kenji.

208. The acting judge may make anew the examinations made by the kenji or police official; but the notes of the examination made by the kenji or police official shall be added to and filed with the documents in the complaint.

209. In the case of the actual commission of a light crime, the kenji without regard to whether a writ of detention has been issued or not, after examination of the accused, if he thinks it not necessary to ask for a preliminary examination, may summon him to a court for the trial of light crimes.

Section IX.—Bail.

210. The acting judge, in the course of the trial, may at the request of the defendant who has received a writ of arrest or detention get the opinion of the kenji, and at any time make him give written security that he will appear in court in answer to his summons, and may thereupon grant him bail. When the defendant is incompetent his relatives may ask bail.

211. The written security or bond mentioned in the last article shall be forwarded to the clerk’s bureau. When the defendant is to be summoned while on bail he shall have notice twenty-four hours before appearing in court.

212. In granting bail, the defendant shall give security for his appearance in court in a sum of money, the amount to be fixed by the judge and stated in the order granting release on bail.

213. In giving security, the defendant or others shall deposit in the clerk’s bureau the security, money, or a bank or broker’s bill for the amount. A person of means who resides within the jurisdiction of the court may give his bond for the amount.

214. If the defendant while abroad on bail receives a summons and without sufficient reason fails to comply, the whole or a part of his bail money shall be forfeited.

215. In confiscating the bail money the judge shall get the opinion of the kenji and render sentence to that effect. When others are involved as bondsmen the money shall be collected according to the regulations of the civil code.

216. When the acting judge has confiscated the bail money he shall cancel the sentence to release on bail. Also when he thinks it needful to cancel this sentence during the trial he shall take the advice of the kenji and cancel it thereupon.

217. After the acting judge has confiscated the bail money it shall be returned to the accused with the advice of the kenji, in case a sentence to release from the charge or a sentence to transfer to a police court, or a sentence to transfer a case of light crime punishable with a fine to a court for the trial of light crimes is rendered.

218. When the acting judge renders a sentence to release from the accusation or to transfer the case to a police court, or to transfer it to a court for the trial of light crimes where it will be punished with a fine, or when he cancels an order to release on bail, the security money shall be returned.

219. The acting judge may get the opinion of the kenji, and without regard as to whether there is a request to release on bail or not he may then deliver the defendant into the keeping of his relatives or friends.

Section X.—Conclusion of the preliminary trial.

220. When the acting judge regards a matter charged as outside of his jurisdiction or when he thinks it not necessary to examine it further, he shall forward all the documents connected with the complaint to the kenji, in order to get his opinion as to the steps to be taken in concluding the trial. The kenji shall append his opinion to the documents and return them within three days.

221. If the kenji thinks the trial is insufficient he may ask that the case be examined anew. If the acting judge does not comply with the request, the kenji shall add his opinion to the documents connected with the charge and return them within twenty-four hours.

222. The acting judge, whatever the opinion of the kenji may be, shall conclude the trial with a sentence as stated hereafter.

223. When the acting judge considers that the accusation is not within Ms jurisdiction he shall render sentence to that effect. If he regards the accused as worthy of detention he shall let the writs before issued remain in force, or he shall issue new writs and transfer the matter to the kenji.

224. In the following cases the acting judge shall render sentence to release from the charge, and if the defendant is under detention he shall issue sentence to release him:

(1.)
When the evidence is not sufficient.
(2.)
When the matter charged is not a crime.
(3.)
When the official complaint has expired by the statute of limitations.
(4.)
When sentence is irrevocable. (See article 9.)
(5.)
When there is a general release.
(6.)
When by law the offense is entirely remitted.

In the cases mentioned in this article the defendant cannot bring a claim for damages except in a civil court.

225. When the matter charged is considered to be an infraction of police regulations he shall render sentence to transfer the case to a police court; and if the defendant is under arrest he shall, by sentence, order his release.

226. When the matter charged is regarded as a light crime he shall render sentence to transfer it to a court for the trial of light crimes. When the defendant is under arrest and is thought deserving of a fine only, the judge shall render sentence to release him. When he is thought worthy of confinement he may be released on bail or delivered in charge. If the defendant has not yet been put under arrest, a writ may be issued.

227. When the matter charged is regarded as a grave crime, the judge shall render sentence to transfer it to a court for grave crimes. If the accused has been released on bail or delivered in charge, the order to do so shall be canceled. In the written sentence to transfer to a court for grave crimes it shall be stated in writing that the accused shall be kept in the prison of the court where the preliminary trial took place until orders are received from the head kenji of the court of appeals.

228. In the concluding sentence of the trial, the reasons according to facts and law shall be assigned. In a sentence asserting want of jurisdiction the reasons shall be given, as also in a sentence stating that the defendant should remain under arrest. In making a sentence to release from the accusation the fact that the matter charged is not a crime, and the fact that the public accusation should not be entertained and why, should be stated; as also the fact that the evidence is inadequate when this is the case. When a sentence to transfer to a police court, a court for light crimes Or a court for grave crimes is rendered, the nature and manner of the offense, the sufficiency of the evidence, and. the law according to which it should be punished should be stated.

229. In the foregoing sentences the name of the accused should be given according to article 130.

230. The clerk shall at once forward a copy of the sentence of the preliminary examination to the kenji, to the plaintiff in civil cases, and to the defendant. These parties may, however, according to article 246 and onward, object to the sentence.

231. When a sentence to transfer a case to a court for grave crimes, or to a court for light crimes in which the crime committed is punishable with confinement, in case the accused cannot be arrested, this fact must be stated in the sentence; and the accused cannot appeal from this sentence unless he comes actually under detention.

232. In the above case, article 231, the kenji or the plaintiff may ask a civil court to lay an injunction on the property of the defendant for the time.

233. When the final sentence of the preliminary trial is rendered the acting judge shall at once notify the chief of the court of the fact. He shall also, every fifteen days, render a succinct account in writing of the undecided cases.

Chapter IV.—Appeals from Preliminary Trial.

234. In the following cases the kenji or defendant may object to the proceedings at any time until the conclusion of the preliminary trial.

(1.)
When a statement that the court has no jurisdiction is denied.
(2.)
When a writ is issued or withheld contrary to the law.
(3.)
When, contrary to the law, bail is granted or refused, or the defendant delivered in charge or not delivered in charge.
(4.)
When the officials exceed the limits of their authority. The plaintiff in civil cases, respecting a private suit, may object in the fourth case named above.

235. A person intending to raise such objections must forward a document stating his intentions to the clerk’s bureau of the court. When an objection is raised, the clerk shall send a copy of the document setting forth the objector’s intention to the opponent, who may send in his written rejoinder within three days. The carrying out of the steps of the preliminary examination must not be stopped on account of an objection. When an objection is made by a kenji to granting release on bail or to delivering a defendant into the care of others, these steps shall not be taken.

236. The objection shall be decided in the consultation bureau of the court, by three or more judges, with the documents setting forth the aim of the objector, the rejoinder, the documents containing the accusation, and the kenji’s written opinion before them. The sentence of the consultation bureau shall be at once executed; but an appeal may be taken against it after the final sentence of the preliminary trial has been rendered.

237. In the following cases the kenji, defendant, and plaintiff in civil cases may object to and oust a judge until the conclusion of the preliminary trial: [Page 709]

(1.)
When the judge or his wife is related to the defendant, the injured party, or their wives.
(2.)
When the judge is the guardian of the defendant or plaintiff in civil cases.
(3.)
When gifts, though not bribes, have been received, or the offer quietly entertained by the judge or his wife from the civil plaintiff, the defendant, or their relatives.

238. The statement of the above objection, article 237, shall be made to the judge; when this statement is made, two copies of the writing containing the intention of the objector shall be sent into the clerk’s bureau. The clerk shall send the writing containing the intention to the judge, and the judge shall take cognizance of it within twenty-four hours after its reception, or he shall append the fact of its rejection in the margin of the document itself, and file one copy in the clerk’s bureau, and send one copy to the original party.

239. When the acting judge rejects such a statement of objection, the person who made the statement may object to this act of the judge. The bureau of consultation shall decide the case on the written statement of the objector, and explanation of the judge also in writing.

240. The acting judge shall continue the steps of the trial pending, notwithstanding his being objected to personally, or his being objected to for having rejected the statement made in this regard; but he cannot render final decision. In cases that do not demand haste he may suspend proceedings.

241. When an objection against an obnoxious judge has been rejected in the bureau of consultation an appeal may be made, but not till alter the final sentence in the preliminary trial has been rendered.

242. When the judge himself is aware of the existence of any of the reasons assigned in article 237, or when he thinks himself that he ought to resign, he shall make a statement to this effect to the bureau of consultation, which shall take his statement into consideration and decide on it.

243. When an objection against a judge or an offer of resignation is accepted by the bureau of consultation, the head of the court shall make another judge conduct the preliminary trial. This judge, at the request of the kenji or other persons concerned in the complaint, or by his own authority, may re-examine the steps taken by the previous judge.

244. The clerk may himself resign, or he may be ousted on representations made by the kenji or other person concerned in the case to the bureau of consultation.

245. The kenji cannot be removed by the defendant or civil plaintiff. When a kenji thinks he ought to resign he may make a statement to that effect to the bureau of consultation. When a vice-kenji thinks that he himself ought to resign he shall make a statement to that effect to the kenji, who shall accede to or reject it.

246. A kenji may object to every final sentence in preliminary examination, and a civil plaintiff may object when steps are taken in which the officers exceed their authority. A defendant may object to a sentence to transfer a case to a court for grave crimes. Against a sentence to transfer to a court for light crimes or to a police court, no objection can be made except when the judge who conducted the preliminary trial had no jurisdiction, or exceeded his authority, or when the court to which the case is transferred has not jurisdiction.

247. The period in which an objection shall be made is one day, counting from the time when the sentence was forwarded.

248. When the kenji, civil plaintiff, or defendant makes an objection, he shall forward his written statement to the clerk’s bureau, and the clerk shall at once give notice to the respondent. The person who states an objection shall within three days forward to the clerk’s bureau a written statement of his aim. The clerk shall at once send this written statement to the respondent, who may make a rejoinder in the space of three days.

249. When an objection is made a counter-objection may be made by the respondent at any time till the case is decided. When such counter-objection is made, the written notice of intention shall be forwarded by the clerk to the respondent, who shall send in a rejoinder within three days.

250. The execution of the final sentence in the preliminary trial shall be suspended when an objection is made till it is decided; but a sentence to confine a defendant or to cancel an order to bail or to deliver in charge does not have its execution suspended.

251. The clerk shall forward the objection, the statement of aim, the rejoinder, and other documents bearing on the case to the bureau of consultation.

252. In the bureau of consultation the objection shall be decided according to article 236. When the sentence of the judge who conducted the preliminary trial is approved, this fact shall be stated. When the whole or a part is canceled a new sentence respecting the whole matter shall be rendered. Also a sentence to release the defendant on bail, to deliver him in charge, or confine him, may be made.

253. When deemed necessary by the bureau of consultation, a judge may be made to retry the case, ox re-examine certain indicated points and make a written report.

[Page 710]

254. When in the course of examination into an objection it is discovered by the bureau of consultation that the judge had not jurisdiction, exceeded his authority, or entertained a complaint that ought not to have been entertained, the bureau by its official authority may set aside the sentence of the judge who conducted the preliminary examination.

255. When in considering an objection it is discovered by the bureau of consultation that there is an accomplice against whom process has not been instituted, or a person who has not undergone preliminary examination for a crime jointly committed, the bureau, at the request of the kenji, or by its own authority, shall appoint one judge to make the preliminary trial and render a report thereon. The kenji shall give his opinion. The bureau of consultation shall receive the report and other documents and on them decide the case along with the objection.

256. When an objection is decided, copies of the sentence shall be sent at once to the kenji, the civil plaintiff, and the defendant.

257. The kenji and others concerned in the case may appeal against the sentence of the bureau of consultation.

258. In the sentence to be sent to the defendant the fact that and the time in which he may appeal against the sentence shall be stated. When these facts are not stated, the defendant shall not lose his right to appeal until a new sentence is sent to him according to law.

259. Articles 311, 312, and 313 are applicable in eases of appeal against a sentence rendered after preliminary trial.

260. When a sentence to transfer a case to a court for grave crimes is determined upon, the kenji shall inclose all the documents with this sentence and forward the whole at once to the head kenji of the court of appeal. The head kenji shall order a kenji to transfer all the documents and articles to be used as evidence, and the defendant, to a court of grave crimes. When the sentence is to transfer the case to a court for grave crimes, the kenji shall at once carry the sentence into execution.

261. When a defendant has been released from a charge and this sentence has been confirmed, he cannot be accused for the same offense under a different name, in any case, except when new evidence is discovered. When new evidence is discovered, the kenji shall send it into the bureau “of consultation, and this bureau shall determine whether proceedings shall be stituted or not.

Book IV.—PUBLIC TRIAL.

Chapter I.—General Rules.

262. Cases shall be taken up in the order in which they are recorded in the clerk’s record book. The head of the court may change the order for the purpose of diminishing the period of confinement of one untried who is under arrest. Also for important reasons he may change the order at the request of the kenji or other persons concerned in the complaint.

263. The examination of grave crimes, light crimes, and infractions of police regulations, and the arguments and the giving of sentence shall be in open court. When this is not the case the sentence shall be null and void.

264. When there is fear that the case will disturb the public peace, result in disorder or injure morals, the court at the request of the kenji or by its own authority may exclude listeners, but they are to be admitted again when sentence is rendered.

265. The defendant shall not be bound when in court, but guards of soldiers may 1>o set. When a defendant in good health who deserves a punishment heavier than confinement refuses to enter court, he may be brought. If he refuses to discuss his case when he has entered court, sentence shall be rendered as if he had responded, i. e., the accused shall be regarded as present, not as absent.

266. The defendant may employ an advocate to plead for him. This advocate shall be chosen from among the attorneys connected with the court; but, with the consent of the court, one who is not ah attorney may act as counsel for the defendant.

267. When the defendant is violent or noisy in the court, so as to interrupt the argument, the judge shall admonish him a second time, and if he does not then submit to the rules, the judge, at the request of the kenji, or by his own official authority, may expel him from the court or confine him. In the above case, the trial shall go on and the sentence of the court be rendered as when the parties confront each other. If the argument lasts for two days the defendant shall be made to enter court again.

268. If the defendant is discomposed in mind or distracted or sick, so that he cannot enter court, the argument shall be postponed till his recovery. If the defendant becomes discomposed or distracted after the argument has commenced, the argument shall be renewed after his recovery from the beginning. If he is taken with any other sickness, the case shall be taken up at the point where it was interrupted, after his recovery. But if the discussion is suspended for five days, or when the kenji or others concerned in the complaint request it, the argument shall be begun anew. If the [Page 711]discussion respecting the accusation and the applicability of the law is already concluded, no re-examination of the case shall take place after recovery, but the sentence of the court shall be rendered.

269. If a defendant who deserves a punishment as heavy as confinement, or heavier, does not appear in open court at the time appointed, the case shall not be decided in his absence, unless there is evidence that the final sentence of the preliminary court or the summons was not forwarded to him. In case the final sentence of the preliminary trial or the summons cannot be forwarded to the defendant, a period of delay shall be fixed, by the court, and if the defendant does not appear in the given time, notice of the trial of his case in his absence shall be sent to his relatives and recorded.

270. An advocate shall not be allowed to an absent defendant, but relatives or acquaintances may explain the reason why he could not be present. When the court considers these reasons sufficient, it shall get the opinion of the kenji and postpone the trial.

271. When of several defendants one or more does not appear in court, the case shall go on according to the usual rules with the others as if all were present.

272. The chief of court shall take suitable steps for conducting all matters in the court; when any one hinders the discussion by noisy vilification, the chief of the court shall restrain or expel him.

273. When there is a person in the court who has committed a light crime or violated the police regulations in the court, the chief of court shall without regard to his rank arrest him, get the opinion of the kenji and at once try him, or sentence him to be tried at the next public court. The clerk shall take notes on the spot, of the crime committed and of the steps taken by the chief of court.

274. In the forementioned cases in a police court the trial shall be final as respects the infraction of police regulations, but initial as respects a light crime. In a court for light crimes the trial shall be final as respects a light crime. So, too, in other superior courts.

275. When any one commits a grave crime in court, the chief of the court shall examine the defendant and witnesses, make out notes of examination, take the opinion, of the kenji in the court, and render sentence to forward the case to a court for preliminary examination to be tried according to the usual rules.

276. In court no investigation can be made of a matter concerning which no complaint has been received; unless it be a connected case or matter discovered in the course of the argument, or” an offense committed in the court. When it is thought necessary to make preliminary examination of a connected case, the trial of the original case may be suspended.

277. The kenji, the defendant, and securities in civil cases, without regard to whether the trial is final or initial, may at any time, till decision in the case is rendered, make statement that the court has not jurisdiction, or that the charge should not be entertained. Sentence may be rendered in the court by its official authority that jurisdiction is wanting and that the complaint should not be entertained.

278. When the forementioned statements are rejected by the court, an appeal or reference may be made without waiting for the decision of the court on the case in hand. When this happens, discussion of the case shall be suspended.

279. The kenji and others concerned in the accusation, when any of the reasons assigned in article 237 actually exist, may object to a judge or clerk of a police court, a court for light crimes, a court of appeals, or a court for grave crimes. They may also object when the judge who conducts the preliminary examination is concerned in the public trial, or when the judge who conducted the initial trial is concerned in the final trial.

280. Such objections (article 279) may be made at any time until the sentence of the court in the case is rendered. When an objection is so made, discussion of the case shall stop.

281. In making objections, offering resignations, and in deciding on their acceptance or rejection, the rules laid down in articles 238–245 shall be followed.

282. When an objection or an offer of resignation is rejected, the case shall be continued from the point where it was interrupted and carried on. If discussion has been interrupted for five days’ time it shall begin anew. The same shall be the case-when an interruption has been caused by some natural calamity.

283. The proof to be employed in the public trial is the same as that used in preliminary examination.

284. The chief of court at the request of the kenji or others concerned in the complaint, or by his official authority, may cause the examination papers made by officials within the jurisdiction of the preliminary court or the documents containing evidence elicited on official examination to be read aloud. These documents shall have the same force as the testimony of witnesses for the plaintiff or defendant.

285. The police officer who has drawn up accounts of examinations may be called as a witness by the kenji or others concerned in the accusation; or he may be called by the official authority of the court. The judge who conducted the preliminary examination [Page 712]may be called by the court, or by the kenji, or others concerned in the accusation, with the consent of the court, to explain the examination papers.

288. A witness examined in the preliminary trial may he called out again. The testimony of a witness taken down in the preliminary examination, may be read aloud in court at the option of the chief of court or at the request of the kenji or others concerned in the accusation, when the witness is not called anew or when he fails to appear in court in answer to a summons, or when it is necessary to compare testimony given in preliminary examination or public trial.

287. Articles 78 and onward are also applicable to witnesses.

288. Witnesses shall not be allowed to exchange words nor to be present during pleading before rendering their testimony.

289. Witnesses shall be examined in the following order:

(1.)
Witnesses called at the request of the kenji.
(2.)
Witnesses called at the request of the civil plaintiff.
(3.)
Witnesses called at the request of the defendant or of securities in civil cases.

290. When there are several witnesses of each class they shall be examined in the order of the list of names. The chief of court may get the opinion of the person who called the witness and change this order.

291. The chief of court only has the right to examine the defendant and witnesses. The associate judge and kenji may by giving notice to the chief of court interrogate the defendant and witnesses. Persons concerned in the accusation may ask the chief of court to interrogate a witness in order to clear up a point deemed important in discussion.

292. When the testimony of a witness is deemed false or malicious and deserving of punishment as heavy as or heavier than confinement the court shall arrest him by its own authority or at the request of the kenji or others interested in the charge and issue sentence to forward him under a writ of arrest to a judge for preliminary examination. The clerk shall take down the testimony of such witnesses and forward it to the judge who conducts the preliminary examination. In this case, the court may issue an order to postpone the trial of the case in hand on its own authority or at the request of the kenji or others concerned in the accusation.

293. When a witness does not respond to a summons the court shall at once take the opinion of the kenji and issue sentence imposing a fine according to the following table:

(1.)
In case of infraction of police regulations from 50 sen to 195 sen (50 cents to $1.95).
(2.)
In a case of light crime from 2 to 10 yen ($2 to $10). A sentence to fine shall not be rendered when the defendant is absent, even though the witness declines to respond to the summons.

294. The clerk shall at once send the above sentences to the proper parties. When a person who has received a sentence can show just and sufficient reason why he could not appear in court within three days the court shall take the opinion of the kenji and cancel the sentence to pay a fine. After a court for grave crimes is closed, however, the above statement shall be made in an open court for grave crimes.

295. When a witness does not comply with a summons the court by its own authority or at the request of the kenji or others concerned in the charge may issue an order to postpone the public trial. When the kenji himself does not desire the postponement he may state his opinion respecting it.

296. When a witness does not respond to a second summons which he has received the court shall get the opinion of the kenji and sentence him to pay a fine double that before mentioned and the costs of a second summons. In this case also, as stated above (article 295), the public trial may be postponed according to rule. When postponement takes place a writ of arrest shall be issued against the witness.

297. The rules laid down in article 191 and onward are also applicable to experts chosen in time of a public trial. If the expert does not answer his summons he shall be dealt with according to article 293. When an expert is recalled to make explanations regarding his previous testimony he shall be dealt with according to the rules previously laid down in this code respecting witnesses.

298. When the defendant is deaf, dumb, or unable to speak the vernacular, articles 156–7 must be followed.

299. When there are several defendants the chief of court shall express his opinion and get the opinion of the kenji and other persons concerned in the accusation and determine the order of their examination. The chief of court when he thinks necessary in order to discover facts may by his official authority change this order.

300. After the evidence has been examined the kenji, civil plaintiff, defendant, his attorney, and civil securities shall speak in order. The statements of the kenji and others concerned in the prosecution cannot be interrupted by others. The kenji and others concerned in the prosecution may argue the case alternately. After their argument is ended the defendant or his attorney shall speak.

[Page 713]

301. Though the kenji abandons the accusation the case shall receive fair trial in the court.

302. When in the course of argument there is a difference of opinion respecting the steps of the public trial, the court shall at once take the opinion of the kenji and decide it; and against this decision no appeal can be taken till after the sentence of the court in the case has been rendered.

303. Civil securities may, whether the trial is initial or final, at any time participate in the suit, and the civil plaintiff may cause the civil securities to participate in the suit. If a difference of opinion takes place the court shall decide it. Against this decision no appeal may be made without waiting for the sentence to be rendered. In this case, discussion shall stop.

304. In making a sentence of punishment in court the reasons therefor according to facts and law shall be assigned, and all the evidence shall be given. When a sentence to release from a charge is rendered the same rule must be observed.

305. When a person is declared innocent it must be stated as a reason that there is no evidence that the defendant committed the crime.

306. In the court, the sentence on a private complaint shall be rendered at the same time as the decision of the official complaint. When, however, investigation is not complete it may be rendered after the official decision.

307. When a defendant is sentenced to undergo punishment, he may by the authority of the court be sentenced to secure the whole or a part of the expenses of the official trial. In case the charge is dismissed, or the defendant declared innocent, the costs of the government trial shall be assumed by government. The costs of a private prosecution shall be assumed, according to the civil code, by the person who brought forward the complaint.

308. When a defendant is sentenced to endure punishment or when he is discharged, articles seized which are not forfeited by law shall be returned to the owner with or without his request.

309. During the time in which an appeal may be made, or when it is made, until it is decided, the execution of the sentence shall be suspended.

310. When a person sentenced to endure a punishment as heavy as confinement or heavier has escaped, an appeal cannot be made, until he is actually arrested.

311. When a confined person makes an appeal or asks for bail, he shall make his statement in writing to the chief jailor, who shall forward it to the clerk of the court.

312. When a participant in a complaint or his attorney through any unusual event or calamity fails to make an appeal in the prescribed time, he shall prove the fact, and may then have his lost privilege restored. But after the event or calamity is past, he shall, within the usual time, add his evidence to his statement, and so make his appeal.

313. The clerk shall speedily forward the above statement to the respondent, and the respondent may forward his rejoinder within three days. In a court fit to decide an appeal, the opinion of the kenji shall be obtained by the bureau of consultation, and the question of entertaining or not entertaining the appeal shall first be decided. When it is determined that an appeal should be entertained, the clerk shall be caused to give notice of the fact to the participants in the case, and the trial shall proceed according to the usual rules. When it is determined that an appeal should not be entertained, execution shall follow at once unless some reason for delay is found.

314. Judicial sentence shall be rendered at once in the open court, after the discussion is ended, or the next day. The judicial officer shall make out the written sentence before it is rendered and sign and seal it together with the clerk. In the written sentence the name of the court that renders sentence, the year, month, day, and the name of the kenji who conducted the trial shall given.

315. Participants in the charge may obtain at their own expense copies or extracts of the written sentence of the court. When they do so for the purpose of making an appeal, the clerk shall forward what they request within twenty-four hours.

316. When a present offender is tried and sentenced to endure punishment, the chief of court shall inform the person sentenced that he may make the forementioned requests, and that he may appeal against the sentence and in what time he may make his appeal. When an absent offender is tried and sentenced, the fact that objection can be made, and the time in winch it can be made shall be written in the sentence. When the above information is not given the time for making an appeal shall be prolonged according to the usual rules, after such information is given.

317. The clerk shall make out a special account of each case, in which he shall state all the steps of the case, and also the following facts:

(1.)
The fact that the trial was public, or that listeners were excluded; and, if so, for what reason.
(2.)
The interrogation and replies of the defendant.
(3.)
The statements of witnesses and experts, and the fact that oath was taken, or, when not taken, the reason for the omission.
(4.)
Articles furnished in proof by the plaintiff and defendant.
(5.)
That in the course of the argument dissent was expressed or threatened; the opinion of the kenji, and participants in the accusation on the several subjects, and the decisions of the court.
(6.)
The order of the pleading, and the fact that, the defendant was caused to speak last.

318. In the account of the trial, besides the points above mentioned, the name of the court in which sentence was rendered, the year, month, and day, the names of the chief of court, the associate judges, the kenji, and the clerk shall be given. When the pleading lasts several days, this fact shall be stated, and also that the same chief of court presided. When in the course of the pleading provisional judges are made to act, this fact shall be stated; as also in the case of the kenji and clerk.

319. The account of the trial shall be made out within three days after the sentence of the court is rendered, and shall be signed and sealed by the chief of court and the clerk. The chief of court shall examine the account before it is signed. If he has an opinion to express he shall state it in the margin.

320. The sentence of the court and the account of the trial shall be kept on file in the clerk’s bureau. When an appeal is made, the chief of the court and clerk shall affix their private seals to copies of the sentence of the court and account of trial and inclose them with the documents to be used in the trial of the case appealed.

Chapter II.—Public Trial of Cases of the Infraction of Police Regulations.

321. In a police court, public or official complaints may be received in the following eases:

(1.)
In case of a summons issued against a defendant from the clerk’s bureau at the request of the kenji.
(2.)
In case of a sentence of a judge in charge of a preliminary examination, or of a higher court to transfer a case.

322. In a summons, the name, business and residence of the person to be summoned the day of appearance in court, the accusation, and the fact that he may have an attorney go to court for him shall be stated. In case the accusation is not stated, the defendant who has not yet called his witnesses may ask in the court for two days’ delay after he has received notice, in order that he may call witnesses and counsel.

323. A delay of at least two days must be allowed between issuing the summons and the appearance in court.

324. The judicial officer of a police court when haste requires may take steps to seek evidence without the intervention of the respondent at the request of the kenji or other participants in the suit, or by his own authority, before begininning the trial.

325. Witnesses when called must be allowed at least twenty-four hours delay between the issue of the call and their appearance in court. If any one who comes into court without being summoned forwards his name to the clerk before examination he may be heard as a witness.

326. The clerk in each case to be tried shall call out the names of the participants in the complaint. If they do not respond to the call, their case cannot be tried till after the trial of the next case.

327. The judicial officer of the police court shall first of all ask the name, age, rank, business, residence, and birthplace of the defendant. When there are notes of examinations and statements written out by officials, the clerk shall read them. The kenji shall state the accusation.

328. The judicial officer of the police court shall ask the defendant if he-acknowledges the truth of the accusation or not. If the defendant makes confession through his attorney he shall forward a document to that effect signed and sealed.

329. When the defendant makes confession, no other testimony is needed; but the court may at the request of the kenji or the civil plaintiff, or by its official authority, cause it to be given. If there is no confession, the witnesses for the defendant and plaintiff shall be examined and other evidence given.

330. The kenji shall give his opinion as to the applicability of the law. The civil plaintiff shall prove the matter charged and state his opinion respecting compensation. The defendant, civil securities, or their attorney shall make reply.

331. When a defendant who has received a summons, civil security, or their attorney does not appear in court, the wishes of the kenji and civil plaintiff shall be consulted and the case tried in their absence. The same shall be done when the civil plaintiff does not appear.

332. The sentence rendered when parties to a trial are absent shall be sent to the absent parties or to their residences at the request of the kenji or participants in the suit. When a person who has received a sentence in his absence intends to object thereto he shall forward a statement to that effect within three days after receipt of sentence.

333. The question whether an objection shall be entertained or not shall first be decided in the court. When it is decided that it shall be entertained, the clerk shall [Page 715]issue a summons in order to inform the respondent to the objection of the fact that an objection has been raised, and of the time when it will be subjected to public trial. Two days’ delay at least must be allowed between the issue of the summons and the appearance in court. The time when the matter will be submitted to trial shall be made known to the person who raised the objection the day before trial.

334. In case an objection is entertained the case shall be retried according to articles 326–330, inclusive. A person absent from this trial cannot raise an objection.

335. When the proof of crime is not full the court shall issue a sentence of innocence Also in the third and following cases mentioned in article 224, it shall order the charge to be dismissed.

336. When the matter charged is an infraction of police regulations, and. when the proof is full, a sentence to inflict punishment according to law shall be rendered.

337. When the matter charged is a grave or light crime, the court shall issue sentence of want of jurisdiction and hand the case over to a kenji of a court for light crimes, and the court may issue a writ of detention against the defendant.

338. Appeals may be taken to a court for light crimes against the sentence of a police court in the following cases:

(1.)
When the defendant has received a sentence to be punished with detention.
(2.)
When the amount of compensation clue by sentence to the civil plaintiff, defendant, or securities exceeds the amount granted by the final trial in a court for maintaining the peace, in civil matters.
(3.)
The kenji and participants in the suit even in the absence of the forementioned reasons may appeal when the court has not jurisdiction, exceeds its authority, mistakes the law, or violates a rule which declares an act void.

339. A person intending to make an appeal shall forward his statement to the clerk’s bureau of the original court. The period within which this statement may be made is three clays from the time of sentence rendered when a present person is tried; and when an absent person is tried, within five days from the time of sending the written sentence to him or to his residence. When-there is notice of an appeal the clerk shall inform the respondent of the fact.

340. All the documents relating to the complaint shall be forwarded by the kenji to the clerk’s bureau of the court which is to receive the appeal. If the kenji happens to be the maker of the appeal or the respondent he shall forward his opinion in writing to the kenji of the court that is to receive the appeal.

341. In the court that is to receive the appeal the trial shall begin after summons to the parties concerned in the accusation has been issued from the clerk’s bureau. At least two clays’ delay between the issue of the summons and the appearance in court shall be allowed. Witnesses shall be allowed at least one day’s time between the issuing of the summons and appearance in court.

342. The respondent to an appeal may at any time till sentence is rendered make an additional appeal. This may be announced at once in the open court.

343. A matter relating to an appeal shall be determined according to the rules laid down for the-trial and decision of light crimes. The kenji or other parties concerned in the complaint cannot summon a new witness or a witness who has testified in the first trial without first obtaining the consent of the chief judicial officer.

344. The court that entertains an appeal shall render sentence to approve the sentence of the original court or it shall set this aside and issue a new sentence. When the defendant alone makes an appeal, a. sentence to inflict a graver punishment than that ordered by the sentence of the original court cannot be rendered. The trial of an appeal in a private complaint shall be conducted according to the rules of the usual civil law.

345. The rules laid clown in articles 331 and onward are applicable when in an appeal case a party is absent from the trial.

346. The kenji and other participants in the complaint may appeal against the final sentence, in a case of violation of police regulations conducted in the presence of the parties.

Chapter III.—Public Trial of Light Crimes.

347. In a court for light crimes, complaints maybe entertained in the following cases:

(1.)
Of summons issued against a defendant by the clerk at the request of the kenji.
(2.)
Of sentence to transfer the case according to the decision of a judge charged with making preliminary examination, of a bureau of consultation in a court for light crimes, or of a superior court.

348. Articles 322, 323 are applicable in case of summons being issued.

349. When the accusation implies the infliction of a fine the fact that an attorney may appear in court for the defendant shall be stated in the summons. A civil plaintiff and security may cause an attorney to appear in court in their stead.

350. A witness shall be allowed at least one day’s time in which to appear in court after the issue of his summons.

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351. Article 324 is applicable in the case of a light crime that has not received preliminary examination.

352. The kenji shall state the accusation after the chief judicial officer has inquired the name, age, business, residence, and birthplace of the defendant. The civil plaintiff shall prove the fact of his receiving injury. When there are notes of examinations and written statements the clerk shall be caused to read them aloud. Next the witnesses for the plaintiff and defendant shall be heard. Also articles in evidence shall be shown to the defendant, who shall make his explanations. The defendant and civil securities shall make their counter-explanations.

353. The kenji shall give his opinion as to the applicability of the law. The civil plaintiff shall give his opinion as to compensation. The defendant and civil securities may make replies.

354. A defendant deserving to be punished with a fine, also a defendant who according to article 269 may be judged, being absent, shall be so judged if they do not appear in court at the time fixed in the summons.

355. Articles 331–333, inclusive, relating to the trial of absent parties are also applicable in the cases mentioned in this chapter.

356. A defendant who has been sentenced to confinement in his absence may, with the exception of the following cases, make objections till the expiration of the punishment, according to the statute of limitations:

(1.)
When the defendant has stated that the matter should be tried before its actual trial.
(2.)
When a copy of the sentence has been forwarded to him personally.
(3.)
When the defendant is proved to have known that a sentence of punishment would result from the execution of the first sentence.

In the first case above he may make objection within three days after receiving the sentence; in the other two he may object within three days after hearing about the sentence being issued.

357. When the court deems it necessary in order to discover facts, it may, at the request of the kenji or participants in the charge, or by its own official authority, call new witnesses, appoint experts, or search for evidence. In taking the above steps the rules laid down in Chapter III, Book III, shall be followed. Also in a case that has not undergone preliminary examination a judge of a preliminary court may be caused to investigate certain points indicated and to render a report thereon in writing.

358. When the proof of crime is not full the court shall declare the accused innocent. Also in the cases mentioned in article 224 and onward, an order shall be issued dismissing the charge. In this case the release of the defendant, if confined, shall be ordered.

359. When the matter charged proves to be an infraction of police regulations, final sentence shall be rendered and the defendant released if confined.

360. When the matter charged proves to be a grave crime, a sentence of want of jurisdiction shall be rendered. If it has not undergone preliminary examination it shall, by order, be forwarded to a judge who conducts such preliminary examinations, and the defendant shall receive a writ of arrest if not yet under arrest. The kenji shall forward the documents connected with the charge and articles to be used as evidence to the judge who conducts the preliminary examination.

361. When the matter charged has not undergone preliminary examination, sentence to submit to the bureau of consultation of the court shall be rendered. The bureau of consultation shall investigate the case according to articles 253 to 255, and sentence the defendant to be sent to a court having jurisdiction.

362. When a case has been received according to the sentence of the bureau of consultation as alight crime, if the court nevertheless regards it as a grave crime, it shall without seeking new proof render sentence of want of jurisdiction. The kenji shall appeal in this case to the supreme court to have the jurisdiction determined.

363. In the two forgoing cases, until the matter is decided by the bureau of consultatation or by the supreme court, the court may, at the request of the kenji, or by its own official authority, order the defendant to be confined in the prison of the court, or it may order a release on bail according to the rules laid down in article 210 and onward.

364. When the matter charged is a light crime and the evidence sufficient, sentence to receive punishment according to law shall be rendered. When the defendant is sentenced to be punished with confinement, his release on bail or in charge of others shall be withdrawn, but he may ask anew for release on bail while prosecuting an appeal.

365. The kenji and other participants in a complaint may, in the following cases, make an appeal against the sentence of a court for light crimes to an appellate court:

(1.)
The kenji may appeal, when the accused is declared innocent, released from the charge, or sentenced to be punished; also when what the kenji regards as a violation of police regulations is declared to be a light crime.
(2.)
The defendant may appeal against any sentence of punishment except one for a violation of police regulations.
(3.)
The civil plaintiff, defendant, and civil securities may appeal when the sentence respecting compensation for loss exceeds the amount imposed by the final decision of a court authorized to begin proceedings in civil matters.
(4.)
The kenji and other participants in the complaint may appeal when there is want of jurisdiction, when authority has been exceeded, the law misapplied, or when the sentence is declared null and void by law.

366. An appeal may be made within five days after the sentence is rendered. One who is sentenced, being absent, may appeal at once, without raising objections at any time until the expiration of his punishment according to the statute of limitation. But in the cases mentioned in article 356 he shall appeal in five days.

367. When there is an appeal against a sentence in a case of official complaint, if the defendant is under arrest he shall be handed over to the prison authorities of the appellate court by the kenji.

368. Articles 339, 342, and also article 344 are applicable to this chapter.

369. When the kenji of a court for light crimes makes an appeal, or when the head kenji makes a conjoint appeal, if the matter charged is regarded as a grave crime, sentence shall be rendered in the bureau of consultation according to article 255 to transfer to a court for grave crimes.

370. The rules laid down for trying absent parties and for raising objections in primary courts must be observed in appellate courts.

371. The kenji and other participants in a complaint may “report up” a case against the final sentence of a court for light crimes of an appellate court.

Chapter IV.—Public Trial of Grave Crimes.

372. Official complaints may be entertained in a court for grave crimes in the following cases:

(1.)
On sentence to transfer the case according to the decision of a judge charged to conduct preliminary examination, or of the bureau of consultation in a court for light crimes.
(2.)
On sentence to transfer the case according to the decision of the superior court (taishinin) or of an appellate court.

373. When a sentence to transfer to a court for grave crimes is determined on, a written accusation shall be made out as follows: When the court for grave crimes is held in an appellate court the head kenji shall make out the written accusation. When the court for grave crimes is held in a primary court the head kenji shall draw up the accusation or cause a kenji who can perform the duties of a kenji in a court for grave crimes to draw it up.

374. The following points shall be stated in the written accusation:

(1.)
An account of the offense charged and the aggravating or extenuating circumstances.
(2.)
Name, age, rank, business, and residence of the defendant.
(3.)
Evidence for the defendant and plaintiff collected in the preliminary examination.
(4.)
Name of the crime, the law on the case, and an abstract of the sentence to transfer to a court for grave crimes.

375. No other matter or defendant shall be mentioned in the written accusation besides those mentioned in the sentence to transfer the case to a court for grave crimes.

376. In case several disconnected grave crimes are charged against one and the same defendant in the sentence to transfer the case to a court for grave crimes, the kenji may draw up an accusation for each crime, and afterwards he may ask the chief of the court that they be argued separately. The chief of the court may in the above case, by his official authority, cause that the several crimes mentioned in the one accusation be considered separately; or he may cause the matters mentioned in the several accusations to be discussed at the same time.

377. The clerk shall forward a copy of the accusation to the defendant at least five days before his appearance in court. When there are several defendants a copy of the accusation shall be forwarded to each one.

378. The chief of the court for grave crimes or the associate judge appointed to perform his duties, after twenty-four hours from the time of sending the accusation, shall in the presence of the clerk interrogate the defendant regarding the matter charged, and ask him whether he has chosen counsel or not. If he has not chosen counsel, the chief of the court shall, by his official authority, choose counsel for him from among the attorneys connected with the court. When the defendant or the attorney does not dissent, one attorney may be made to plead for several defendants. Pleading shall not begin till after three days from the time when the counsel was chosen.

379. When the counsel is hindered from acting, or when sufficient reason for changing him is given by the defendant, if the defendant does not choose his own counsel, he shall be chosen by the chief of the court according to the foregoing rule. When a counsel is chosen anew the pleading shall stop for three days.

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380. The clerk, in the case mentioned article 378, shall draw up an account of the examination, and shall note that the due form was followed in appointing the counsel. When in the course of the pleading the counsel has been changed and the pleading stopped, the clerk shall record this fact in his account of the trial. When the discussion of the case is carried on without counsel, the sentence to inflict punishment shall be void. The defendant cannot dissent even though the rules from article 377 to 379 are violated, if this does not take place before pleading begins.

382. The counsel may meet with the defendant alter the steps mentioned article 378 have been taken. He may also read and copy all the documents in the clerk’s bureau on the complaint. No other person, however, may see the defendant from the time of transferring the case to a court for grave crimes until sentence is rendered. Exception, however, is here made in the case of any one who receives permission from the chief of the court located in the place where the defendant is confined.

383. A list of the names of the witnesses summoned at the request of the kenji or civil plaintiff shall be sent in to the defendant one day before the opening of court. A list of the names of witnesses called at the request of the defendant shall be forwarded by the clerk at the same time to the kenji, and a list of the names of witnesses called in a civil case shall be sent to the civil plaintiff.

384. The testimony of a witness whose name has not been made known beforehand according to the foregoing rules cannot be heard, except for the purpose of ascertaining facts, unless the respondent does not dissent from his being heard as a witness.

385. Witnesses must be allowed at least two days delay between the time of forwarding the summons and their appearance in court.

386. The chief of the court, on the day for opening the court, shall declare the court to be open before the associate judges and kenji, but the defendant shall not be called.

387. If the chief of the court thinks the discussion will last two days or more, he may choose one of the judges of the court where the court for grave crimes is held to be a provisional associate judge.

388. When the chief of the court, the kenji, and the clerk are each in their places, they shall at once commence the examination and pleading. The chief of the court shall first ask the name, age, rank, business, residence, and birthplace of the defendant. If the defendant’s replies differ from those given in preliminary examination, still if he is the defendant described in the accusation, the pleading shall go on.

389. The clerk shall call out the names of the witnesses summoned. A witness who answers the call shall be made to retire into the waiting-room, and shall be called in in his turn to give testimony.

390. The chief of the court shall charge the defendant to listen attentively when he makes the clerk read aloud the accusation.

391. The chief of the court shall interrogate the defendant after the clerk has finished reading the accusation. When the defendant denies the facts confessed by him in preliminary examination, or wishes to withdraw them, he shall be made to state the reason. Though the defendant has made confession, he must still be examined.

392. When the chief of the court has ended his examination, he shall inform the defendant that he may make explanations concerning the evidence as it is given, and that he may present counter evidence in his own favor.

393. The chief of the court, whenever a witness for the prosecution has ended his testimony, shall ask the defendant whether he has an opinion to give or not.

394. After a witness has testified, he shall be detained in the reception-room, unless he has the permission of the chief of the court to withdraw. The associate judge, kenji, defendant, and civil plaintiff may ask a witness to be re-examined, or to be made to confront another witness. The chief of the court may do the same by his own official authority.

395. When the chief of the court thinks that from fear or favor a witness cannot testify fully in the presence of the defendant, at the request of the kenji or civil plaintiff, or by his own official authority, he may make the defendant withdraw while the witness gives his testimony. After the witness has testified, the chief of the court shall again call the defendant into the court and tell him what the witness said, and shall make the defendant state his opinion if he has one to give.

396. After the steps laid down in article 300 have been taken, the chief of the court shall declare the argument for the prosecution ended.

397. The kenji and defendant may request preliminary examination on a matter brought to light during trial. When this request is granted by the court a judge of the court in which the court for grave crimes is held shall be appointed to make the examination and report. In this case, paragraph 1 of article 357 is applicable.

398. When the discussion is declared to be ended, the kenji shall state his opinion on the applicability of the law. The defendant and his counsel may argue that the kenji is mistaken in his opinion.

399. After the forementioned pleading is ended the civil plaintiff shall state what he desires respecting a private complaint. The defendant, the counsel, or civil security may respond to the above. The kenji shall state his opinion on the private complaint. [Page 719]The discussion of a private complaint may be postponed by the court. This shall be decided, however, before court is closed.

400. If the matter charged proves to be a grave crime, and if the proof is sufficient, sentence of punishment according to the law shall be rendered. In the third and following cases mentioned in article 224, the charge shall be dismissed and the defendant released.

401. When the proof of crime is not sufficient, the defendant shall by sentence be declared innocent, and shall be released. Also in the matter of damages, sentence shall be rendered according to article 399.

402. When in the course of the trial another distinct grave or light crime not mentioned in the accusation is discovered, a judge connected with the court in which the court for grave crimes is held, shall make preliminary examination, after which the matter shall be considered along with the original charge during the present or following session.

403. The kenji and other participants in a suit may appeal to the supreme court from the sentence of the court for grave crimes rendered against a present defendant.

404. In judging an absent party the chief of the court shall cause the clerk to read aloud the accusation and other necessary documents connected with the preliminary examination and shall hear the statements of the witnesses on both sides. The kenji shall give his opinion as to the applicability of the law, and the civil plaintiff shall give his opinion as to damages. The civil securities may reply to the above.

405. Sentence rendered against an absent party shall, at the request of the kenji, or other participants, be sent to the party sentenced, or to his residence.

406. Against a sentence to inflict punishment issued against a party tried when absent, no one except the kenji can appeal to the supreme court. The civil plaintiff and civil securities may appeal to the supreme court against a sentence in a private complaint.

407. An absent party who has received sentence to undergo punishment may object at any time until the expiration of his punishment according to the statute of limitations. But when arrested he must object within ten days.

408. The notice of an objection shall be given in the court for grave crimes that tried the absentee. The question whether the objection shall be received or not shall be first decided in the court for grave crimes. When it is decided that the objection should be received, it shall be tried anew according to the usual rules, in the present or next session.

409. After a court for grave crimes that has tried an absentee is closed, the statement of an objection shall be made in the appellate court having jurisdiction in the given place, and when it is decided to receive it in such court it shall be declared by sentence a subject to be tried anew by a court for grave crimes according to the usual rules.

Book V.—DUTIES OF THE TAI-SHIN-IN, OR SUPREME COURT.

Chapter I.—Appeals.

410. Appeals may be made against the sentence rendered after preliminary examination or public trial by the kenji or defendant in the following cases:

(1.)
When a statement that a judge should be ousted is rejected contrary to law.
(2.)
When the fundamental rules of the court are violated.
(3.)
When a sentence of want of jurisdiction or claim to jurisdiction is wrongfully rendered, or when, by sentence, the case is removed to a court that has not jurisdiction.
(4.)
When in the code an article that states a thing is “void” is disregarded or when a statement of dissent on account of the violation of an article that declares an act as “valid” is not accepted.
(5.)
When an official accusation is received or rejected contrary to the law.
(6.)
When in cases laid down in the law the opinion of the kenji is not heard.
(7.)
When a matter, respecting which a request for decision is made, is not decided by the court, or when, excepting points to be decided by official authority, any matter is decided without receiving a request for its decision.
(8.)
When sentence is not rendered in open court or when the examination and pleading has been in private without first issuing an order to exclude listeners.
(9.)
When the reasons for the sentence according to the facts and the law are not assigned, or when the reasons assigned are contradictory.
(10.)
When there is a mistake in determining the law.
(11.)
When in any steps the judge has exceeded his authority.

411. When the rules laid clown for the benefit of the defendant are violated, in rendering a sentence to dismiss a charge, or to declare the accused, innocent, or when there is difference of jurisdiction consequent on the place of the crime, no appeal can be made.

[Page 720]

412. The civil plaintiff, defendant, and civil securities may appeal for the reasons assigned in article 410, against the sentence rendered after preliminary examination or public trial of a private complaint.

413. The respondent in an appeal may make a conjoint appeal at any time till the decision of the tai-shin-in, or supreme court, is rendered. The chief kenji of the supreme court also may make such an appeal.

414. An appeal is to be made in three days; in the case of the preliminary examination, counting from the time of forwarding the sentence, and in the case of the public trial counting from the time of the sentence.

415. When an appeal is taken against the sentence rendered in preliminary examination or in public trial, with the exception of a sentence to confine, to release on bail, to deliver in charge, or to acquit and release, execution shall be stopped.

416. A person who intends to appeal shall forward his written notice to the clerk’s bureau of the original court. This written notice shall be forwarded by the clerk to the respondent in twenty-four hours.

417. The person who gives notice of an appeal shall, within five days, forward to the clerk of the original court a statement in writing setting forth his intention. The clerk shall forward this statement also to the respondent in twenty-four hours after its reception.

418. The respondent shall send in his reply to the clerk of the original court within five days after receiving the written statement setting forth the aim of the appeal; and the clerk shall send this reply within twenty-four hours to the person who gave notice of an appeal.

419. The written statement of the aim of the appeal to be forwarded by the kenji, and the reply thereto, shall be made out in duplicate and one copy forwarded to the supreme court and one to the respondent; the same must be the case when the like documents are made out by the participants in a suit against the sentence in a private complaint.

420. The clerk, after the expiration of the time named in the foregoing articles, shall speedily forward the documents in the complaint and the appeal to the kenji of the court; and the kenji shall forward them, within five days, to the head kenji of the supreme court. Also when he has an opinion to express he shall add it. The head kenji shall ask the chief of the supreme court to enter the matter appealed in the register of the bureau of criminal cases.

421. The person who gives notice of an appeal and the respondent may send an attorney. When a person sentenced to receive the punishment due a grave crime makes an appeal, or when the appeal is made by the kenji as a crime deserving such punishment, if the person sentenced to receive punishment does not choose an attorney, the chief of the supreme court shall, by his official authority, appoint one of the attorneys connected with his court to act.

422. The chief of the supreme court shall appoint one of the judges in the bureau of criminal cases to act as special judge. The special judge shall examine all the documents and make out a written report, but shall not add his opinion.

423. The person who gave notice of appeal and the respondent may, until the report of the special judge is sent in, through the clerk’s bureau of the supreme court, send in written explanations to further their aims. When a written explanation is sent in after the special judge has made his report, it shall be added to said report.

424. The clerk shall give notice of the time when the court will be opened to the person who gave notice of the appeal, and to the respondent three days before such opening.

425. On the day of opening court the special judge shall read aloud his report in the court. The head kenji and the attorney shall each explain their objects. In the case of a private complaint, the head kenji shall, last of all, state his views.

426. When an attorney is not sent by the person who gave notice of appeal or by the respondent, decision shall be rendered at once.

427. When the supreme court thinks there is no reason for making the appeal, it shall render sentence to reject it.

428. When the supreme court thinks there is reason for setting aside the decision of the preliminary court or public trial, it shall set aside the whole sentence and order the case to be transferred to another court. The cases mentioned heretofore are excepted.

429. When the sentence of the original court is set aside on account of a mistake in the meaning of the law, or of a violation of the law, or on account of receiving or not receiving an official complaint, the supreme court shall render sentence at once without transferring the case.

430. Though the method of procedure; in the preliminary examination or public trial be irregular, if no injury has resulted, or if no future legal steps in the trial have been hindered thereby, the case shall not be transferred to another court. The irregular steps or method of procedure only shall be set aside.

431. When the appeal is against a part only of the sentence of an inferior court, and [Page 721]when the other part is not affected the superior court shall set aside the part affected by the appeal, and at once render just sentence according to the law, or transfer the case to another court.

432. When the supreme court sets aside an original sentence, and at once issues a new sentence, it shall make the original court or some other court execute it.

433. When the supreme court must transfer a case to another court, it shall designate a court of the same rank in the vicinity of the original court. A purely civil complaint shall be transferred to a civil court.

434. A decision of the tai-shin-in, or supreme court, respecting the law, is final. An appeal may be made against a decision of a court that has received a case from the supreme court, which appeal must be made according to the usual rules.

435. In case an act is punished by sentence that is not punishable by law, or in case a heavier punishment than is due is inflicted, if the sentence becomes conclusive, because of their being no one to make an appeal in the given time, the head kenji of the supreme court may at any time, by order of the minister of justice, or by his own official authority, make an extraordinary appeal. When an extraordinary appeal is made the sentence of the original court shall be set aside and sentence rendered straightway by the supreme court.

436. In the following cases the head kenji and other participants in a complaint may remonstrate against the sentence of the supreme court in said court:

(1.)
When the supreme court fails to observe the forms laid down in the foregoing articles.
(2.)
When it does not render a decision on a matter brought to its notice by a participant in the complaint.
(3.)
When two points in one and the same sentence are contradictory.

437. A person intending to make a remonstrance shall give notice in the clerk’s bureau within three days after the sentence. The clerk shall within three days after receipt of notice forward it to the respondent, and the respondent shall send in his rejoinder within the same time. The supreme court shall decide concerning a remonstrance according to the usual rules for an appeal.

438. The execution of the sentence of the supreme court shall be suspended for three days from the time when it was rendered, or, when there is a remonstrance, until its decision.

Chapter II.—Claim for Re-examination.

439. A claim for re-examination may be made for the benefit of the defendant against a sentence inflicting the punishment due a grave crime, but not before the casa is conclusively settled. The above claim may be made in the following cases:

(1.)
When after sentence to punish for murder the person who was regarded as killed at the time of the sentence is found to be alive; or when it is proved that he was already dead before the crime was committed.
(2.)
When there is a person not an accomplice who has received punishment expressly for the one crime in hand.
(3.)
When by a document officially vouched for, made before the commission of the crime, it is clearly proved that the accused was elsewhere at the time.
(4.)
When there is a person who has received sentence for the crime.
(5.)
When by authenticated official documents it can be shown that the papers containing the accusation were forged or erroneous.

440. The persons who may claim a re-examination are the following:

(1.)
The kenji of the court that rendered the sentence to punish the accused;
(2.)
The head kenji of the appellate court that has jurisdiction over the court that issued sentence to inflict punishment;
(3.)
The head kenji of the supreme court. He shall make the claim according to the order of the minister of justice or by his own official authority;
(4.)
The person sentenced to be punished; or
(5.)
The relatives of the person sentenced after his death.

441. A claim for re-examination may be made at any time without regard to the expiration of the punishment.

442. The person who intends to make a claim for a rehearing, shall add a copy of the original sentence and the documents in evidence to the written declaration of his aim and forward the whole to the clerk’s bureau of the original court. The kenji of the original court shall add his written opinion to the documents and forward the whole to the head kenji of the supreme court. When the kenji of the original court or the head kenji of the appellate court themselves intend to make a claim for rehearing they shall forward the documents in the manner above indicated.

443. The supreme court, at the request of the head kenji, shall cause a special judge to make an examination of the documents, and report.

444. The supreme court shall lay aside other matters, and all the judges in the bureau [Page 722]of criminal cases shall meet in the bureau of consultation, and decide the case according to the report of the special judge and the opinion of the head kenji.

445. When the supreme court concludes that there are reasons for a re-examination it shall set aside the original sentence, and render sentence that the official and private complaint be re-examined, and transfer the case to another court of the same rank as the original court.

446. In case a claim for re-examination is made by the relatives of a dead person, if the supreme court concludes that there are reasons for a re-examination it shall set aside the original sentence without transferring the case to another court.

447. When a person is declared innocent according to the finding of the re-examination, or when a sentence to set aside a preceding sentence is rendered as above stated, the sentence shall be exhibited in public or proclaimed officially in order to restore the person’s reputation.

Chapter III.—Claim to have the Jurisdiction determined.

448. When an ordinary or special court renders sentence that jurisdiction is wanting, and this sentence is confirmed, or when, on account of objections to a judge, or on account of some unusual event, jurisdiction over the matter complained of is wanting, the kenji and other participants in the suit may make complaint to have the jurisdiction determined. The head kenji of the supreme court, by order of the minister of justice or by his own official authority, may make the above claim.

449. A person intending to make a claim to have jurisdiction determined shall add the documents containing the complaint to the written declaration of his purpose and forward the whole to the clerk’s bureau of the supreme court.

450. In the supreme court five or more judges in the bureau of criminal cases shall meet in the bureau of consultation and decide the claim to have the jurisdiction determined according to the special judge’s report and the written opinion of the head kenji, and shall definitely indicate the court that shall have jurisdiction in the case.

Chapter IV.—Claim to have Jurisdiction removed on account of apprehended Danger or for Public Peace.

451. When on account of the nature of a crime, the rank and number of the defendants, the character of the people of a place, or on account of other important considerations, there is fear that disorder or danger will result in the trial, the case may be removed to another court of the same rank, for the sake of preserving the peace.

452. A claim for removal of jurisdiction for the sake of the public peace shall be made by the head kenji of the superior court, in that court, by order of the minister of justice.

453. The matter shall be decided at once in the bureau of consultation of the supreme court without hearing the statements of the participants in the suit.

454. When, on account of the character of the defendants, the disposition of the people of a place, or the character of the complaint, it is feared that order cannot be preserved in court the case may be removed to another court of the same rank on account of this apprehension.

455. A claim to remove the jurisdiction on account of the above apprehension may be made by the kenji of the court having jurisdiction, or by other participants in the complaint. When a civil plaintiff makes a private complaint in a court where evil is apprehended, and decision takes place in the case without the defendant’s giving notice of dissent, claim for removal of jurisdiction cannot be made.

456. In making the forementioned claim to remove jurisdiction, two copies of the declaration of purpose shall be forwarded to the clerk’s bureau of the original court. The clerk shall speedily forward one copy to the respondent, who may send in his rejoinder within three days thereafter.

457. The supreme court shall decide the claim according to article 450.

458. When there is a claim to remove jurisdiction as above, proceedings in court shall be stopped.

Book VI.—EXECUTION, RESTITUTION OF RIGHTS AND SPECIAL RELEASE.

Chapter I.—Execution.

459. Execution of the penalty of a grave or light crime or infraction of police regulations shall not take place till after the close of the trial.

460. When sentence inflicting the death penalty is rendered, the documents in the case shall be forwarded at once by the kenji to the minister of justice. When there is an order from the minister of justice to execute the death penalty it shall be done within three days.

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461. Except in the case of the death penalty, when a sentence to inflict punishment is concluded it shall he executed at once.

462. The execution of a sentence to inflict punishment shall he carried out according to the directions of the kenji of the original court, or of the kenji of the court that has received an order from the supreme court. Fines, costs of court, and forfeits shall he paid in according to the written order of the kenji who shall also dispose of forfeited articles that are liable to decay or to be thrown away.

463. The clerk shall make out an account of the execution of the death penalty and sign and seal it along with the witnessing official, according to the rules for the execution of such sentences. Other rules and by-laws relating to the execution of penal sentences shall be fixed by special regulation.

464. When a sentence is determined, or when an absent person is tried, the clerk of the court that renders sentence shall write an account of the crime tried in the court, in which the following points shall be noted (when sentence is rendered in the supreme court this account shall be made out by the clerk of the court charged with the execution):

(1.)
Name, age, business, residence, and birth-place of the offender.
(2.)
The names of the crime and the punishment.
(3.)
Repetition of the crime.
(4.)
The day, month, and year of the sentence.
(5.)
That the accused was personally present at or absent from the trial.

465. Two copies of the account of the crime tried shall be made out, and one copy shall be sent to the minister of justice and one copy kept on file in the clerk’s bureau of the court. One copy of said account shall be made out in the case of an infraction of police regulations, and it shall be kept on file in the clerk’s bureau.

466. When a person sentenced to undergo punishment expresses a doubt about an article of the sentence, or when he expresses dissent respecting the execution, the matter shall be decided in the court that rendered sentence.

467. When a sentenced person escapes and is afterwards arrested, if the question of identity arises, he shall be sent to the court where his crime was tried in order to have the question settled. When he cannot be identified by the court as the original offender, the judicial officers, kenji, clerk, and witnesses on both sides concerned in the original case may be summoned in order to consider the facts in the case.

468. In the cases mentioned in the two foregoing articles, the statement of the person sentenced and the opinion of the kenji shall be heard in the court, and sentence thereupon rendered. Against this sentence there can be no appeal.

469. The execution of a sentence respecting compensation and costs of court payable to parties concerned in the complaint shall be according to the usual rules for civil matters.

Chapter II.—Restoration of Civil Rights.

470. Petition to restore civil rights shall be made to the minister of justice by the person sentenced after the expiration of the time fixed in article 63 of the penal code. This petition shall be signed and sealed and forwarded to the acting kenji of the primary court of the place where the petitioner resides.

471. The following documents must be added to the petition for the restoration of rights:

(1.)
Copy of the sentence of the court.
(2.)
Documents proving that the time of the punishment is up, or that special release has been granted, or that the punishment is ended according to the statute of limitations.
(3.)
Proof of temporary release from prison or from surveillance.
(4.)
Proof that compensation and costs of suit have been paid or remitted.
(5.)
Documents showing the petitioner’s past and present residence and means of obtaining a livelihood.

472. The kenji shall examine as to the character of the petitioner and other essential matters and add his opinion to the forementioned documents and forward the whole to the head kenji of the appellate court.

473. The head kenji shall make needful examination, add his opinion to the documents relating to the petition for the restoration of rights, and forward the whole to the minister of justice.

474. The minister of justice shall examine the documents relating to the petition, and if he thinks it should be granted he shall speedily represent the case to the emperor.

475. When a petition for the restoration of civil rights is rejected by His Majesty or according to the opinion of the minister of justice, the latter shall inform the kenji of the appellate court, who, in turn, shall inform the kenji of the primary court that issued the petition. In this case the petition cannot be renewed unless after the expiration of half the time mentioned in article 63 of the criminal code. When a petition is presented anew, the foregoing rules must be observed.

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476. When there is a favorable decision on the subject of restoring the rights petitioned for, the minister of justice shall forward this favorable decision in writing to the head kenji of the appellate court, who, in turn, shall forward it to the primary court that issued the petition. The kenji shall furnish the petitioner with a copy of said writing.

Chapter III.—Special Pardon.

477. At any time after a sentence to inflict punishment has been determined on, the kenji or head jailer may represent the conduct of the offender to the minister of justice in order to obtain his special pardon. When the head jailer represents the matter he shall do so through the kenji, who shall add his opinion. When there is such an application for special pardon, the minister of justice shall add his written opinion to the other documents and forward all to His Majesty the Emperor.

478. The minister of justice may apply for a special pardon at any time after sentence has been decided on. With the exception of the death penalty, the execution of no penalty can be stopped by an application for a special pardon.

479. When an application for a special pardon is rejected the fact shall be made known to the kenji of the court that issued sentence by the minister of justice.

480. When an application for a special pardon is granted, the minister of justice shall forward a copy of the pardon to the kenji of the court that issued sentence according to the rule laid down in article 476.