Rules of Criminal Procedure (Supreme Court of Japan) — 2021-12-22

Part I General Provisions

(Construction and Operation of These Rules)

Article 1 (1) These Rules must be construed and operated in a manner that ensure the speedy and fair judicial proceedings envisaged under the Constitution.

(2) Procedural rights must be exercised in good faith, and must not be abused.

Chapter I Jurisdiction of the Courts

(Method of Filing a Request for Designation or Change of Jurisdiction)

Article 2 In filing a request for designation or change of jurisdiction, the applicant must submit a written request stating the reasons for it, to the court with jurisdiction.

(Notice of Request for Designation or Change of Jurisdiction)

Article 3 When a public prosecutor files a request for designation or change of jurisdiction over a case pending before a court, the public prosecutor must promptly notify the court of this.

(Delivery of a Transcript of a Written Request and Submission of a Written Opinion)

Article 4 (1) If a public prosecutor files a request for change of jurisdiction over a case pending before a court due to any reasons provided for in the items of Article 17, paragraph (1) of the Code of Criminal Procedure (Act No. 131 of 1948; referred to below as the "Code"), the public prosecutor must promptly provide the defendant with a transcript of the written request.

(2) Defendant may submit a written opinion to the court with jurisdiction within three days from the day defendant has received a transcript of the document.

(Request for Change of Jurisdiction by the Defendant)

Article 5 (1) For the defendant to submit a written request for a change of jurisdiction, the defendant must do so through the court before which the case is pending.

(2) If the court stated in the preceding paragraph receives a written request, it must promptly notify the public prosecutor of the public prosecutor's office associated with that court.

(Stay of Court Proceedings)

Article 6 If request for designation or change of jurisdiction is filed for a case pending before a court, court proceedings must be stayed until a ruling is rendered; provided, however, that this does not apply in cases of urgency.

(Method of Filing a Request for the Transfer of a Case)

Article 7 In filing a request for a transfer under the provisions of Article 19 of the Code, the applicant must submit a written request with the reasons attached to the court.

(Hearing of Opinions)

Article 8 (1) When a request for a transfer under the provisions of Article 19 of the Code has been filed, the court must render a ruling after hearing the opinions of the opposing party or their defense counsel.

(2) In order for the court to render an ex officio ruling to transfer a case under the provisions of Article 19 of the Code, the court must hear the opinions of the public prosecutor, the defendant, or the defense counsel.

Chapter II Disqualification, Challenge, and Recusal of Court Officials

(Motion to Challenge)

Article 9 (1) When filing a motion to challenge a judge, who is a member of a judicial panel, the motion must be filed with the court where judge is assigned; when filing a motion to challenge an authorized judge, a single judge of a district court, or a judge from a family court or summary court, the motion must be filed with the judge in question.

(2) In filing a motion to challenge, the grounds must be indicated.

(3) As to the grounds for the challenge, and as to the fact that the person filing the motion to challenge was unaware of the existence of the grounds for the challenge when the person made a request or statement with regard to the case, or as to the fact that the grounds for the challenge arose after the person made a request or statement with regard to the case, a prima facie showing must be made in writing within three days from the day on which the motion to challenge has been filed.

(Written Opinion on the Motion)

Article 10 A judge who has been challenged must submit a written opinion on the motion to challenge, except in the following cases:

(i) where a single judge of a district court or a judge from a family court or summary court, acknowledges that there are grounds for the motion to challenge;

(ii) where the motion to challenge is denied on the grounds that it is evident the motion has been filed solely to delay the court proceedings; or

(iii) where the motion to challenge is denied on the basis that the motion has been filed in violation of the provisions of Article 22 of the Code or in violation of proceedings specified in paragraph (2) or (3) of the preceding Article.

Article 11 When a motion to challenge has been filed, except in the cases stated in items (ii) and (iii) of the preceding Article, court proceedings must be stayed; provided, however, that this does not apply in cases of urgency.

(Judicial Decision on Disqualification)

Article 12 (1) The court that should render a ruling on a motion to challenge must render an ex officio ruling of disqualification if it finds that a judge falls under any of the items of Article 20 of the Code.

(2) In rendering the ruling stated in the preceding paragraph, the court must hear the opinion of the judge.

(3) The judge who has been challenged may not participate in rendering of the ruling stated in paragraph (1).

(4) When the court is unable to render the ruling due to the withdrawal of the judge who has been challenged, the ruling must be rendered by the immediate upper instance court.

(Recusal)

Article 13 (1) A judge must recuse themselves if the judge believes that there are grounds for challenge.

(2) A motion for recusal must be filed in writing with the court to which the judge is assigned.

(3) The court required to render a decision on the motion to challenge must render a decision on a motion for recusal.

(4) The provisions of paragraphs (3) and (4) of the preceding Article apply mutatis mutandis to recusal.

(Service of a Judicial Decision on Disqualification or Recusal)

Article 14 The rulings stated in the preceding two Articles are not served.

(Provisions Applied Mutatis Mutandis)

Article 15 (1) The provisions of this Chapter apply mutatis mutandis to court clerks.

(2) A motion to challenge a court clerk assigned to an authorized judge must be filed with that judge.

Chapter III Capacity to Sue or be Sued

(Request for Appointment of a Special Agent for a Suspect)

Article 16 A request to appoint a special agent for a suspect must be filed with the district court or summary court that has jurisdiction over the location of the public agency to which the public prosecutor or judicial police personnel handling the suspect's case is assigned.

Chapter IV Counsel and Assistants

(Appointment of a Defense Counsel for a Suspect)

Article 17 The appointment of a defense counsel before the institution of prosecution remains effective in the first instance, provided that a document jointly signed by the suspect and the defense counsel is presented to the public prosecutor or judicial police personnel handling the suspect's case.

(Method of Appointing a Defense Counsel for the Defendant)

Article 18 The appointment of a defense counsel following the institution of prosecution must be made by submitting a document jointly signed by the defendant and the defense counsel.

(Appointment of a Defense Counsel for the Supplementary Prosecution)

Article 18-2 The appointment of a defense counsel made for a specific case by a person specified in Article 30 of the Code remains valid for any other case that is brought before the same court and consolidated with the original case following the institution of prosecution; provided, however, that this does not apply when the defendant or the defense counsel declares otherwise.

(Notice to the Defendant or to the Suspect)

Article 18-3 (1) A notice under the provisions of Article 31-2, paragraph (3) of the Code to the defendant or a suspect committed to or detained in a penal detention facility (meaning a penal institutions, detention facilities, or coast guard detention facilities; the same applies below) is to be given to the warden of the penal institutions, the detention services manager (meaning a detention services manager as defined in Article 16, paragraph (1) of the Act on Penal Detention Facilities and the Treatment of Inmates and Detainees (Act No. 50 of 2005); the same applies below), or the coast guard detention services manager (meaning a coast guard detention services manager as defined in Article 26, paragraph (1) of the same Act; the same applies below).

(2) When the warden of a penal institution, a detention services manager, or a coast guard detention services manager receives the notice stated in the preceding paragraph, they must immediately notify the defendant or the suspect to that effect.

(Chief Defense Counsel)

Article 19 (1) If there is more than one defense counsel for the defendant, one is to be appointed as the chief defense counsel; provided, however, that in a district court,, a person who is not an attorney may not be designated as the chief defense counsel.

(2) The chief defense counsel is to be designated either independently by the defender or through consensus among all the defense counsel.

(3) A person entitled to designate the chief defense counsel may change that designation.

(4) The designation or change of the chief defense counsel by all the defense counsel may not be made contrary to the intent expressed by the defendant.

(Method of Designating or Changing the Chief Defense Counsel)

Article 20 If the defendant or all the defense counsel designate or change the chief defense counsel, they must do so by submitting a document to the court; provided, however, that if changing the designation of the chief defense counsel on the trial date, it is sufficient to file a statement orally.

(Chief Defense Counsel Designated by the Presiding Judge)

Article 21 (1) If there is more than one defense counsel for the defendant and the chief defense counsel has not been designated, the presiding judge must designate the chief defense counsel.

(2) The presiding judge may change the designation stated in the preceding paragraph.

(3) The chief defense counsel stated in the preceding two paragraphs performs their duties until the chief defense counsel stated in Article 19 is designated.

(Notice of Designation or Change of the Chief Defense Counsel)

Article 22 Concerning the designation or change of the chief defense counsel, when the defendant has made the designation or change, it is necessary to promptly inform the public prosecutor and the person designated as the chief defense counsel to that effect; similarly, when all the defense counsel or the presiding judge has made this designation or change, it is necessary to promptly inform the public prosecutor and the defendant.

(Deputy Chief Defense Counsel)

Article 23 (1) If the chief defense counsel is unable to perform their duties, the presiding judge may designate one person from among the other defense counsel as the deputy chief defense counsel.

(2) If the chief defense counsel has notified the court in advance of the person who is to serve as the deputy chief defense counsel, the person must be designated as the deputy chief defense counsel.

(3) The presiding judge may rescind the designation stated in paragraph (1).

(4) The provisions of the second sentence of the preceding Article apply mutatis mutandis to the designation or cancellation of the deputy chief defense counsel.

(Resignation and Dismissal of the Chief Defense Counsel or Deputy Chief Defense Counsel)

Article 24 (1) The provisions of Article 20 apply mutatis mutandis to the resignation or dismissal of the chief defense counsel or deputy chief defense counsel.

(2) If the chief defense counsel or deputy chief defense counsel resigns or is dismissed, this information must be promptly notified to the persons concerned in the case; provided, however, that there is no need to notify the defendant when they are the one dismissing the chief defense counsel or deputy chief defense counsel.

(Authority of the Chief Defense Counsel or Deputy Chief Defense Counsel)

Article 25 (1) The chief defense counsel or deputy chief defense counsel represents all other defense counsel regarding the receipt of notices and the delivery of documents.

(2) No defense counsel other than the chief defense counsel and deputy chief defense counsel may file a motion, file a request, ask a question, conduct an examination, or present a statement without the permission of the presiding judge or a judge and without the consent of the chief defense counsel or deputy chief defense counsel; provided, however, that this does not apply to a request for permission to transcript articles of evidence, a request for the delivery of a transcript or an extract of a written judgment or a record stating the judicial decision, or the statement of an opinion made after the examination of evidence on the trial date.

(Limitation of the Number of Defense Counsel for the Defendant)

Article 26 (1) Under special circumstances, the court may restrict the number of defense counsel to three persons for each defendant.

(2) The ruling on restriction stated in the preceding paragraph becomes effective upon notifying the defendant of this.

(3) If the court has set a limit on the number of defense counsel for the defendant, and the number of defense counsel exceeds this limit, the court must promptly notify each defense counsel and the person who appointed the defense counsel to that effect. In such cases, notwithstanding the provisions of the preceding paragraph, the ruling on limitation will become effective seven days after the day the notification was given.

(4) When the ruling on limitation stated in the preceding paragraph becomes effective and the number of defense counsel still surpasses this limit, the appointment of the defense counsel becomes invalid.

(Limitation of the Number of Defense Counsel for a Suspect)

Article 27 (1) The number of defense counsel for a suspect must not exceed three persons per suspect; provided, however, that this does not apply if the district court or summary court, which has jurisdiction over the location of the public agency where the public prosecutor or judicial police personnel handling the suspect's case is assigned, grants permission due to special circumstances.

(2) The permission stated in the proviso to the preceding paragraph is to be granted upon the request of a person that has right to appoint the defense counsel or a person who seeks to serve as a defense counsel following the request of the person.

(3) The permission stated in the proviso to paragraph (1) must be granted, specifying the number of defense counsel to be permitted.

(Request for the Appointment of Court-Appointed Defense Counsel)

Article 28 In filing the request stated in Article 36, Article 37-2, or Article 350-17, paragraph (1) of the Code, the ground for this must be indicated.

(Judge to Whom a Request for the Appointment of Court-Appointed Defense Counsel Is to Be Filed)

Article 28-2 The request stated in Article 37-2 of the Code must be filed with the judge who has received a request for detention, a judge of the district court with jurisdiction over the location of the court to which the judge is assigned, or a judge of the summary court in the same locality as the district court (including the same locality as a branch of the district court).

(Submission of a Written Request for the Appointment of Court-Appointed Defense Counsel)

Article 28-3 (1) In order for a suspect committed to or detained in a penal detention facility to file the request stated in Article 37-2 or Article 350-17, paragraph (1) of the Code, the suspect must submit a written request and a statement of their financial resources as stated in Article 36-2 of the Code to the judge through the warden of the penal institution, the detention services manager, the coast guard detention services manager, or a deputy of those persons, except when the request is filed in the presence of a court clerk.

(2) In the case referred to in the preceding paragraph, when the warden of the penal institution, the detention services manager, the coast guard detention services manager, or a deputy of those persons receives the document stated in the same paragraph from a suspect, they must immediately send these documents to the judge; provided, however, that except when filing the request stated in Article 350-17, paragraph (1) of the Code, if the person receives the document stated in the preceding paragraph from a suspect whose detention has not been requested, the person must send these documents to the judge immediately after a detention request for the suspect has been filed.

(3) In the case referred to in the preceding paragraph, the warden of the penal institution, the detention services manager, the coast guard detention services manager, or a deputy of those persons may use a facsimile machine to send the document stated in paragraph (1) to the judge.

(4) When the document stated in paragraph (1) has been sent under the provisions of the preceding paragraph, it is considered to have been submitted at that time.

(5) In the case prescribed in the preceding paragraph, if the judge finds it necessary, the judge may have the warden of the penal institution, the detention services manager, or the coast guard detention services manager submit the original document used for the transmission.

(Judge Who Is to Make a Ruling on the Appointment of a Defense Counsel)

Article 28-4 The ruling concerning the appointment of a defense counsel under the provisions of Article 37-4 of the Code must be made by the judge who has received the request for detention, a judge of the district court which has jurisdiction over the location of the court to which the judge is assigned, or a judge of the summary court in the same locality as the district court (including the same locality as a branch of the district court).

Article 28-5 If a defense counsel has been appointed pursuant to the provisions of Article 37-2, paragraph (1) or Article 37-4 of the Code, the ruling on the appointment of a defense counsel under the provisions of Article 37-5 of the Code must be made by the judge who appointed the first defense counsel, a judge of the district court with jurisdiction over the location of the court to which the judge is assigned, or a judge of the summary court located in the same locality as the district court (including the same locality as a branch of the district court).

(Appointment of Court-Appointed Defense Counsel)

Article 29 (1) A defense counsel, to be appointed by the court or by the presiding judge based on the provisions of the Code, must be appointed by the presiding judge from among the attorneys who are members of the bar association within the jurisdiction of the district court overseeing the location of the court; provided, however, that if no attorney within this jurisdiction can serve as a defense counsel for this case, or if there are other unavoidable circumstances, a defense counsel may be appointed from among the attorneys that are members of bar association within the jurisdictional district of adjacent district court, or from among other suitable attorneys.

(2) The provisions of the preceding paragraph apply mutatis mutandis to cases where a judge appoints a defense counsel based on the provisions of the Code.

(3) Notwithstanding the provisions of paragraph (1), when the court of second instance assigns a defense counsel, if the presiding judge finds it especially necessary for the proceedings in the second instance, the presiding judge may appoint an attorney who served as a defense counsel in the first instance (limited to an attorney appointed by the court, the presiding judge, or a judge under the provisions of the Code) as a defense counsel.

(4) The provisions of the preceding paragraph apply mutatis mutandis to cases where the final appellate court appoints a defense counsel.

(5) When there is no conflict of interest among the defendant or suspects, the court, the presiding judge, or a judge may have the same defense counsel defend several defendant or suspects.

(Judge Responsible for Making a Ruling on the Dismissal of a Defense Counsel)

Article 29-2 A ruling on the dismissal of a defense counsel under the provisions of Article 38-3, paragraph (4) of the Code must be made by the judge who has appointed the defense counsel, a judge of the district court which has jurisdiction over the court to which the judge is assigned, or a judge of the summary court in the same locality as the district court (including the same locality as a branch of the district court).

(Notice of Appointment of Court-Appointed Defense Counsel)

Article 29-3 (1) When the presiding judge or a judge appoints a defense counsel based on the provisions of the Code, they must immediately notify the public prosecutor and the defendant or the suspect to that effect. In this case, they must also promptly notify the Japan Legal Support Center of this.

(2) The provisions of the preceding paragraph apply mutatis mutandis to cases where the court or the judge dismisses the defense counsel based on the provisions of the Code.

(Interviews at the Court)

Article 30 If the defendant or a suspect under physical restraint is on court premises, if it is necessary to prevent their escape, the concealment or destruction of criminal evidence, or the exchange of items that could interfere with custody, the court may designate the date, time, place, and duration of the interview between this person and the defense counsel or a person that intends to serve as the defense counsel based on the request of a person eligible to appoint the defense counsel; the court may also ban the exchange of documents or items among these persons.

(Inspection of Documents by Defense Counsel)

Article 31 With the permission of the presiding judge, the defense counsel may have their employee or other persons inspect or copy documents and articles of evidence related to the litigation.

(Method of Notification for Assistants in Court)

Article 32 In giving notification for becoming an assistant in court, the notification must be made in writing.

Chapter V Judicial Decisions

(Proceedings for Rendering a Ruling or an Order)

Article 33 (1) When rendering a ruling through a motion in an open court, or when rendering a ruling on a motion filed in an open court, the statements of the persons concerned in the case must be heard. In other cases, the ruling may be rendered without hearing the statements of the persons concerned in the case; provided, however, that this does not apply when there are special provisions providing otherwise.

(2) An order may be rendered without hearing the statements of the persons concerned in the case.

(3) When examining the facts for rendering a ruling or an order, the court or the judge may examine witness or order an expert examination, pursuant to the provisions of the Code or these Rules.

(4) In the case referred to in the preceding paragraph, if the court or the judge finds it necessary, the court or the judge may allow the public prosecutor, the defendant, the suspect, or the defense counsel to be present at the examination or the disposition.

(Announcement of a Judicial Decision)

Article 34 The announcement of a judicial decision must be made by pronouncement of the judicial decision in an open court, and in other cases, by delivering the transcript of the written judgment; provided, however, that this does not apply when there are special provisions providing otherwise.

(Pronouncement of a Judicial Decision)

Article 35 (1) Pronouncement of a judicial decision must be made by the presiding judge.

(2) In pronouncing the judgment, the presiding judge must read aloud the main text of the judgment and its reasons, or read aloud the main text of the judgment and provide an outline of its reasons at the same time.

(3) When a ruling stated in Article 290-2, paragraph (1) or (3) of the Code has been rendered, the pronouncement of a judgment under the provisions of the preceding paragraph is to must be conducted in a way that does not disclose matters identifying the victim.

(4) The provisions of the preceding paragraph also apply to the pronouncement of a judgment under the provisions of paragraph (2) when the ruling stated in Article 290-3, paragraph (1) of the Code has been rendered. In this case, the term "matters identifying the victim" in the preceding paragraph is deemed to be replaced with "matters identifying the witness, etc."

(Sending of a Transcript or an Extract)

Article 36 (1) When a judicial decision requiring the execution directed by the public prosecutor is conducted, a transcript or an extract of the written judgment or the record stating the judicial decision must be promptly sent to the public prosecutor; provided, however, that this does not apply when there are special provisions providing otherwise.

(2) When an extract sent pursuant to the provisions of the preceding paragraph is an extract of the judgment document or a record stating the judgment under the provisions of Article 57, paragraphs (2) through (4), and is necessary for the public prosecutor to direct the execution of a sentence of imprisonment with or without work, an extract of the judgment document or the record stating the judgment, which states the facts constituting the crime, must be promptly sent to the public prosecutor.

Chapter VI Documents and Service

(Preparer of Litigation Documents)

Article 37 Documents related to litigation must be prepared by a court clerk, except when there are special provisions providing otherwise.

(Examination Record of Witnesses)

Article 38 (1) A record must be made concerning the examination of a witness, an expert witness, an interpreter, or a translator.

(2) The following matters must be included in the record:

(i) the names of the persons who were present at the examination;

(ii) when a witness was not sworn under oath, the grounds of this;

(iii) the fact that the examination of a witness, an expert witness, an interpreter, or a translator, and their statements, and the fact that those present at the examination were given the opportunity to examine these persons;

(iv) the fact that the examination of the witness was conducted under the conditions stated in the items of Article 157-2, paragraph (1) of the Code;

(v) the fact that the measures prescribed in Article 157-4, paragraph (1) of the Code have been taken, along with the name of the person who accompanied the witness, and the relationship between the person and the witness;

(vi) the fact that the measures prescribed in Article 157-5 of the Code have been taken;

(vii) the fact that the examination of the witness was conducted according to the method prescribed in Article 157-6, paragraph (1) or paragraph (2) of the Code;

(viii) the fact that the examination and the statement of the witness, along with its circumstances, have been recorded on a recording medium with the consent of the witness, pursuant to the provisions of Article 157-6, paragraph (3) of the Code, and the type and quantity of the recording media used;

(ix) the fact that the measures prescribed in Article 316-39, paragraph (1) of the Code have been taken, and the name of the person who accompanied the participating victim (referring to a participating victim as defined in Article 316-33, paragraph (3) of the Code; the same applies below) and the relationship between that person and the participating victim; and

(x) the fact that the measures prescribed in Article 316-39, paragraph (4) of the Code have been taken.

(3) The court is required to confirm the accuracy of the content of the record with the declarant (excluding the recording media that captured the witness's examination, statements, and the circumstances of this pursuant to the provisions of Article 157-6, paragraph (3) of the Code; the same applies in the following paragraph and paragraph (5)); this can be done by having the court clerk read back the content of the record to the declarant, or by having the declarant inspect the content of the record.

(4) If the declarant makes a motion for any addition, removal, or alteration, that statement must be entered into the record.

(5) If the public prosecutor, the defendant, the suspect, or the defense counsel who was present at the examination files an objection about the accuracy of the content of the record, an outline of the objection must be included in the examination record. In this case, the presiding judge or the judge who conducted the examination may have their opinion on the objection entered into the examination record.

(6) The presiding judge or the judge conducting the examination must ensure that the declarant sign and seal the record.

(7) For the record that has a recording medium considered to be a part of the record pursuant to the provisions of Article 157-6, paragraph (4) of the Code, that fact must be clarified in the record.

(Record of Statements by the Defendant or the Suspect)

Article 39 (1) A record must be made when informing the defendant or a suspect of the content of the case charged to the court or of the suspect's case and hearing their statement on the case.

(2) The provisions of the first sentence of paragraph (2), item (iii) of the preceding Article and paragraph (3), paragraph (4) and paragraph (6) of the preceding Article apply mutatis mutandis to the record stated in the preceding paragraph.

(Stenographic Notes and Audio Recordings)

Article 40 Concerning the examination of a witness, an expert witness, an interpreter, or a translator, as well as their statements, and the motions or statements made by a person concerned in the case, the court or a judge may have these be transcribed by a court stenographer or other stenographers, or recorded using a recording equipment.