Constitutional law -- Japan; Japan -- Constitution
(2) 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.
(3) 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.
Article 38. No person shall be compelled to testify against
himself.
(2) Confession made under compulsion, torture or threat, or
after prolonged arrest or detention shall not be admitted in
evidence.
(3) No person shall be convicted or punished in cases where
the only proof against him is his own confession.
Article 39. 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. 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. 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.
(2) The number of the members of each House shall be fixed
by law.
Article 44. 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, sex, social status, family
origin, education, property or income.
Article 45. 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. 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, method of voting and other
matters pertaining to the method of election of members of both
Houses shall be fixed by law.
Article 48. 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. Members of both Houses shall not be held liable
outside the House for speeches, debates or votes cast inside the
House.
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