سه شنبه ۲۷ شهریور ۰۳ | ۱۷:۴۲ ۷ بازديد
shall be arrested or detained without being at once informed of the
charges against him or without the immediate privilege of counsel; nor shall he be
detained without adequate cause; and upon demand of any person such cause must
be immediately shown in open court in his presence and the presence of his counsel.
Article 35• Regulation of evidence collection
The right of all persons to be secure in their homes, papers and effects against
entries, searches and seizures shall not be impaired except upon warrant issued for
adequate cause and particularly describing the place to be searched and things to be
seized, or except as provided by Article 33.
Each search or seizure shall be made upon separate warrant issued by a competent
judicial officer.
Article 36• Prohibition of cruel treatment
• Prohibition of torture
The infliction of torture by any public officer and cruel punishments are absolutely
forbidden.
Article 37
In all criminal cases the accused shall enjoy the right to a speedy and public trial by an
impartial tribunal.
• Right to fair trial
• Right to public trial
• Right to speedy trial
He shall be permitted full opportunity to examine all witnesses, and he shall have the
right of compulsory process for obtaining witnesses on his behalf at public expense.
• Right to examine evidence/ witnesses
At all times the accused shall have the assistance of competent counsel who shall, if
the accused is unable to secure the same by his own efforts, be assigned to his use by
the State.
• Right to counsel
Article 38• Protection from self-incrimination
No person shall be compelled to testify against himself.
Confession made under compulsion, torture or threat, or after prolonged arrest or
detention shall not be admitted in evidence.
No person shall be convicted or punished in cases where the only proof against him is
his own confession.
constituteproject.org PDF generated: 27 Jul 2018, 21:09
Page 9Japan 1946
Article 39• Prohibition of double jeopardy
• Protection from ex post facto laws
• Principle of no punishment without law
No person shall be held criminally liable for an act which was lawful at the time it was
committed, or of which he has been acquitted, nor shall he be placed in double
jeopardy.
Article 40• Protection from false imprisonment
Any person, in case he is acquitted after he has been arrested or detained, may sue
the State for redress as provided by law.
Chapter IV: The Diet
Article 41
The Diet shall be the highest organ of state power, and shall be the sole law-making
organ of the State.
Article 42• Structure of legislative chamber(s)
The Diet shall consist of two Houses, namely the House of Representatives and the
House of Councillors.
Article 43
Both Houses shall consist of elected members, representative of all the people.
The number of the members of each House shall be fixed by law.• Size of first chamber
• Size of second chamber
Article 44• Eligibility for first chamber
• Eligibility for second chamber
The qualifications of members of both Houses and their electors shall be fixed by
law. However, there shall be no discrimination because of race, creed, *******, social
status, family origin, education, property or income.
Article 45• Term length for first chamber
The term of office of members of the House of Representatives shall be four years.
However, the term shall be terminated before the full term is up in case the House of
Representatives is dissolved.
Article 46• Term length of second chamber
The term of office of members of the House of Councillors shall be six years, and
election for half the members shall take place every three years.
Article 47• Electoral districts
• First chamber selection
• Second chamber selection
Electoral districts, method of voting and other matters pertaining to the method of
election of members of both Houses shall be fixed by law.
constituteproject.org PDF generated: 27 Jul 2018, 21:09
Page 10Japan 1946
Article 48• Eligibility for first chamber
• Eligibility for second chamber
No person shall be permitted to be a member of both Houses simultaneously.
Article 49
Members of both Houses shall receive appropriate annual payment from the
national treasury in accordance with law.
Article 50
Except in cases provided by law, members of both Houses shall be exempt from
apprehension while the Diet is in session, and any members apprehended before the
opening of the session shall be freed during the term of the session upon demand of
the House.
Article 51• Immunity of legislators
Members of both Houses shall not be held liable outside the House for speeches,
debates or votes cast inside the House.
Article 52
An ordinary session of the Diet shall be convoked once per year.
Article 53• Extraordinary legislative sessions
The Cabinet may determine to convoke extraordinary sessions of the Diet. When a
quarter or more of the total mem
charges against him or without the immediate privilege of counsel; nor shall he be
detained without adequate cause; and upon demand of any person such cause must
be immediately shown in open court in his presence and the presence of his counsel.
Article 35• Regulation of evidence collection
The right of all persons to be secure in their homes, papers and effects against
entries, searches and seizures shall not be impaired except upon warrant issued for
adequate cause and particularly describing the place to be searched and things to be
seized, or except as provided by Article 33.
Each search or seizure shall be made upon separate warrant issued by a competent
judicial officer.
Article 36• Prohibition of cruel treatment
• Prohibition of torture
The infliction of torture by any public officer and cruel punishments are absolutely
forbidden.
Article 37
In all criminal cases the accused shall enjoy the right to a speedy and public trial by an
impartial tribunal.
• Right to fair trial
• Right to public trial
• Right to speedy trial
He shall be permitted full opportunity to examine all witnesses, and he shall have the
right of compulsory process for obtaining witnesses on his behalf at public expense.
• Right to examine evidence/ witnesses
At all times the accused shall have the assistance of competent counsel who shall, if
the accused is unable to secure the same by his own efforts, be assigned to his use by
the State.
• Right to counsel
Article 38• Protection from self-incrimination
No person shall be compelled to testify against himself.
Confession made under compulsion, torture or threat, or after prolonged arrest or
detention shall not be admitted in evidence.
No person shall be convicted or punished in cases where the only proof against him is
his own confession.
Page 9Japan 1946
Article 39• Prohibition of double jeopardy
• Protection from ex post facto laws
• Principle of no punishment without law
No person shall be held criminally liable for an act which was lawful at the time it was
committed, or of which he has been acquitted, nor shall he be placed in double
jeopardy.
Article 40• Protection from false imprisonment
Any person, in case he is acquitted after he has been arrested or detained, may sue
the State for redress as provided by law.
Chapter IV: The Diet
Article 41
The Diet shall be the highest organ of state power, and shall be the sole law-making
organ of the State.
Article 42• Structure of legislative chamber(s)
The Diet shall consist of two Houses, namely the House of Representatives and the
House of Councillors.
Article 43
Both Houses shall consist of elected members, representative of all the people.
The number of the members of each House shall be fixed by law.• Size of first chamber
• Size of second chamber
Article 44• Eligibility for first chamber
• Eligibility for second chamber
The qualifications of members of both Houses and their electors shall be fixed by
law. However, there shall be no discrimination because of race, creed, *******, social
status, family origin, education, property or income.
Article 45• Term length for first chamber
The term of office of members of the House of Representatives shall be four years.
However, the term shall be terminated before the full term is up in case the House of
Representatives is dissolved.
Article 46• Term length of second chamber
The term of office of members of the House of Councillors shall be six years, and
election for half the members shall take place every three years.
Article 47• Electoral districts
• First chamber selection
• Second chamber selection
Electoral districts, method of voting and other matters pertaining to the method of
election of members of both Houses shall be fixed by law.
Page 10Japan 1946
Article 48• Eligibility for first chamber
• Eligibility for second chamber
No person shall be permitted to be a member of both Houses simultaneously.
Article 49
Members of both Houses shall receive appropriate annual payment from the
national treasury in accordance with law.
Article 50
Except in cases provided by law, members of both Houses shall be exempt from
apprehension while the Diet is in session, and any members apprehended before the
opening of the session shall be freed during the term of the session upon demand of
the House.
Article 51• Immunity of legislators
Members of both Houses shall not be held liable outside the House for speeches,
debates or votes cast inside the House.
Article 52
An ordinary session of the Diet shall be convoked once per year.
Article 53• Extraordinary legislative sessions
The Cabinet may determine to convoke extraordinary sessions of the Diet. When a
quarter or more of the total mem
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