2009.10.20

2008 (A) 1657

Keishu Vol. 63, No. 8

Decision concerning an offender's overseas passage on a temporary basis, and the effect of the tolling of the statute of limitations

Case charged for fraud

Decision of the First Petty Bench, dismissed

Takamatsu High Court, Judgment of July 14, 2008

During the period when the offender is outside Japan, even for an overseas passage on a temporary basis, the statute of limitations is tolled.

Article 255, paragraph (1) of the Code of Criminal Procedure

Article 255, paragraph (1) of the Code of Criminal Procedure
Where the offender is outside Japan or he/she conceals him/herself so that it is impossible to serve a transcript of the charging sheet or notification of the summary order, the statute of limitations shall be suspended during the period when the offender is outside Japan or conceals him/herself.

The final appeal is dismissed.

The reasons for final appeal argued by the defense counsel, MIYAZAWA Hiroyuki, including the reason alleging violation of the Constitution, are in effect assertions of unappealable violation of laws and regulations, errors in fact finding or inappropriateness in sentencing, and none of these reasons can be regarded as a reason for final appeal permissible under Article 405 of the Code of Criminal Procedure.
The defense counsel argues that the statute of limitations has expired in this case. However, it is construed that during the period when the offender is outside Japan, even for an overseas passage on a temporary basis, the statute of limitations is tolled pursuant to Article 255, paragraph (1) of the Code of Criminal Procedure. In conclusion, the statute of limitations against the accused has not yet expired, and the determination of the judgment in prior instance based on such construction contains no error.

Therefore, according to Article 414 and Article 386, paragraph (1), item (iii) of the Code of Criminal Procedure, the decision is rendered in the form of the main text by the unanimous consent of the Justices.

Justice SAKURAI Ryuko
Justice KAINAKA Tatsuo
Justice WAKUI Norio
Justice MIYAKAWA Koji
Justice KANETSUKI Seishi