The Constitution of Japan [1946-7] | Page 5

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shall be deprived of life or liberty, nor shall any other criminal penalty be imposed, except according to procedure established by law.
Article 32. No person shall be denied the right of access to the courts. Article 33. No person shall be apprehended except upon warrant issued by a competent judicial officer which specifies the offense with which the person is charged, unless he is apprehended, the offense being committed. Article 34. No person 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. 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.
(2) Each search or seizure shall be made upon separate warrant Issued by a competent judicial officer. Article 36. The infliction of torture by any public officer and cruel punishments are absolutely forbidden. Article 39. In all criminal cases the accused shall enjoy the right to a speedy and public trial by an impartial tribunal.
(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. Article 52. An ordinary session of the Diet shall be convoked once per year. Article 53. The Cabinet may determine to convoke extraordinary sessions of the Diet. When a quarter or more of the total members of either house makes the demand, the Cabinet must determine on such convocation. Article 54. When the House of Representatives is dissolved, there must be a general election of members of the House of Representatives within forty (40) days from the date of dissolution, and the Diet must be convoked within thirty (30) days from the date
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