| Article 8 (Ascertainment of Intention of Defendant) |
| (1) | A court shall inquire a defendant of an eligible case, in writing or by other means without exception, of whether he/she desires a participatory trial. In such cases, the further specific method of inquiry of a defendant's intention shall be prescribed by the Rules of the Supreme Court, and the court shall ensure to assure a defendant of his/her right to a participatory trial to the maximum. |
| (2) | A defendant shall submit a written statement, describing whether he/she desires a participatory trial, within seven days from the date on which a duplicate of indictment is serviced. In such cases, a written statement is deemed submitted at the time when the defendant sends the statement by mail or when the defendant in a correctional institution or a detention center submits the statement to the head of the correctional institution or detention center or a person acting for or on behalf of the head of the correctional institution or detention center. |
| (3) | If a defendant fails to submit a written statement under paragraph (1), it shall be deemed that the defendant does not desire a participatory trial. |
| (4) | No defendant may change his/her previously stated intention after a decision to exclude is made pursuant to Article 9 (1), a decision to remove is made pursuant to Article 10 (1), preparatory proceedings for a trial are closed, or the initial proceeding of a trial begins. |