Japan

Code of Criminal Procedure

Part II
First Instance

Chapter III
Public Trial

Section 1
Trial Preparation and Trial Procedure

Article 272

(1) The court shall, when prosecution has been instituted, inform the accused without delay that the accused may appoint defense counsel and that when the accused is unable to appoint counsel him/herself because of indigence or other reasons, he/she may request the court to appoint defense counsel for him/her ; provided, however, that this shall not apply when the accused already has counsel.

(2) The court shall, when notifying the accused that he/she may appoint counsel pursuant to the preceding paragraph, inform the accused that he/she must submit a report of financial resources, or if the resources of the accused are equal to or exceed the base amount, the accused must have first appointed defense counsel from a bar association (the bar association to which the request under paragraph 1of Article 31-2 in accordance with paragraph 1 of Article 36-3 paragraph ( 1 ) is to be made) except in cases where an attorney is required under this Code.

Keywords

Fair trial standards
Rights during trial - legal assistance
Legal Aid



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