Where a date of proceeding has been designated by a presiding judge, commissioned judge, requisitioned judge, or public prosecutor for the commencement of legal proceedings, the persons concerned shall be summoned or notified to appear, except that a person concerned was present at the occasion where the designation of the said proceeding date was made or it is otherwise provided by a special provision in this Code.

A fixed date shall not be changed or postponed unless there is an important reason or otherwise provided by special provisions.
If a hearing date is changed or postponed, the persons concerned shall be informed.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

The calculation of periods shall be according to the provisions of the Civil Code.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

Time occupied in travel shall not be counted against a person who is required to perform procedural acts within a period prescribed by law whose domicile, residence or office is not within the judicial district of the court.
The time not counted as specified in the preceding section shall be determined by the highest judicial administrative agency.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A person who without negligence fails to file within the prescribed time an appeal, an interlocutory appeal, a petition for retrial, or to file for revoking or changing a ruling made by a presiding judge, commissioned judge, requisitioned judge or an order made by a public prosecutor, may motion for restoration to the original condition within five days after the reason for the failure ceases to exist.
In a case in which representation by an agent is permitted, the negligence on part of the agent shall be considered to be negligence on part of the principal.

A person who motions for restoration to the original condition on ground of failure within the prescribed time to file an appeal, an interlocutory appeal, or a petition for retrial shall submit the petition in writing to the original court. A person who fails within the prescribed time to file a petition for revoking or changing a ruling made by a presiding judge, commissioned judge, or requisitioned judge, or of an order made by a public prosecutor shall make such a petition to a court having jurisdiction.
The reason for failure without negligence to comply with the time limit and the date the reason ceases to exist shall be stated in the written motion.
Where a motion for restoration to the original condition is made, all necessary procedural acts which should have been performed during the lapse shall be made up at the time of the petition.

The court to which a motion is made shall make a joint decision both on the motion for restoration of original condition and the supplementary procedural acts. If the original court considers that the motion should be approved, the appeal or interlocutory appeal shall be forwarded by the original court with a written opinion to the higher court for a joint decision.
The court to which a motion is made may suspend the execution of the original decision before passing upon such motion.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If a motion for review of a decision not to prosecute is not filed within the prescribed period of time, the original public prosecutor may grant restoration of original condition in accordance with the provisions of the preceding three articles, mutatis mutandis.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.