JAPAN.
IN CHINA AND JAPAN.
Attempt to commit felony;
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Obtaining or attempting to obtain property by false pretences; Receiving stolen property, or property obtained by false pretences; Perjury, or subornation of perjury:
Concealing the birth of a child by secret burying or otherwise; Wilful or indecent exposure of the person;
Riot;
Assault on a constable or officer of the Court in the execution of
his duty, or any person acting in his aid;
Neglect or breach of duty as a constable or officer of the Court; it shall be in the discretion of the Court to admit him to bail, either in the first instance, instead of committing him to prison for trial, or at any time after his commitment and before trial.
Where the accused is charged with any indictable misdemeanor other Where or than those herein before described, the Court shall ordinarily admit him dinarily to be to bail.
taken.
303. A person charged with murder or tieason can be admitted to In murder or bail by the Judge of the Supreme Court only.
treason.
of Supreme
304. The Judge of the Supreme Court may, on good grounds, admit Power of Judge, any person to bail, although the Provincial Court before which the charge Court. is made does not think fit to do so.
305. The accused who is to be admitted to bail is to produce such Form of bail. surely or sureties as, in the opinion of the Court, will be sufficient to ensure
his appearance at the time and place when and where he is to be tried, and
with such surety or sureties to enter into a recognizance accordingly.
A notice of each recognizance is at the same time to be given to each person bound thereby.
Privileges of Accused.
to accused.
306. At any time after the preliminary examination has been com- Copies of pleted, the accused is entitled to have copies of the depositions on which depositions be has been committed for trial, or held to bail, on payment of a reason- able sum, not exceeding sixpence for every one hundred words, or gratis, if the Court so directs.
The Court shall, at the time of commitment or of holding to bail, inform the accused of his rights in this respect.
Preparations for Trial.
other documents
307. The written charge (if any), the depositions, the statement of the Transmission of accused, the recognizance of prosecutor and witnesses, and the recognizance depositions and of bail (if any) shall be carefully transmitted in proper time to the Court to Court. at which the trial is to be held.
Indictment.
in trials on
308. A trial before the Judge or an officer of the Supreme Court, with course of a jury, and the proceedings before and after trial relative thereto, shall be proceedings conducted as nearly as may be as a criminal trial before a Judge with a indictments. jury and the corresponding proceedings is and are conducted in England. Other criminal trials, with or without a jury, or with Assessors, and the proceedings before and after trial relative thereto, shall be conducted in like manner, mutalis mutandis.
309. In criminal cases to be tried on indictment before the Judge or Conduet of Assistant Judge of the Supreme Court, whether with or without a jury, before Supreme
prosecution the depositions when completed shall forthwith be delivered to the Law Court. Secretary, as prosecutor on behalf of the Crown, who shall thereupon, in person or by some proper representative appointed by him, in any case by writing under his hand, take all proper steps for indicting and bringing to trial the accused, and conduct the prosecution in Court at that trial; and no such prosecution shall be under the direction or conduct of any private prosecutor.