Act on Prohibition of Private Monopolization and Maintenance of Fair Trade

When necessary in the investigation of a criminal case (cases related to crimes in Articles 89 to 91; hereinafter the same applies in this Chapter), a staff member of the Japan Fair Trade Commission (limited to the staff members designated by the Japan Fair Trade Commission; hereinafter referred to in this Chapter as a "Japan Fair Trade Commission staff member") may request a criminal suspect or witness (hereinafter referred to in this paragraph as a "criminal suspect, etc.") to appear before the Japan Fair Trade Commission, may question a criminal suspect, etc., inspect an object possessed or abandoned by a criminal suspect, etc., and may retain an object voluntarily submitted or abandoned by a criminal suspect, etc.

In the course of an investigation in a criminal case, a Japan Fair Trade Commission staff member may inquire with a public agency or public or private organization and request that the agency or organization report the necessary matters.

When necessary in the investigation of a criminal case, a Japan Fair Trade Commission staff member may conduct an on-site inspection, search, seizure, or seizure with ordering records ('seizure with ordering records' as used in this Act means having a custodian of the electronic or magnetic records or other persons with the authority to use electronic or magnetic records copy the necessary electronic or magnetic records onto the recording medium or print them out, and seizing the recording medium; the same applies hereinafter) by virtue of a warrant issued in advance by a judge of the district court or summary court having jurisdiction over the location of the Japan Fair Trade Commission.

When the object to be seized is a computer, and with regard to a recording medium connected via telecommunication lines to the computer, it may be reasonably supposed that the recording medium is used to retain electronic or magnetic records, which have been made or altered using the computer or which may be altered or erased using the computer, the Japan Fair Trade Commission may seize the computer or other recording medium after the electronic or magnetic records have been copied onto the computer or other recording medium.

In cases under the preceding paragraphs requiring urgency, a Japan Fair Trade Commission staff member may take the measures under the preceding paragraphs by virtue of a warrant issued in advance by a judge of the district court or the summary court having jurisdiction over the location of the site to be inspected, the site, body, or object to be searched, the object to be seized, or the person to have the electronic or magnetic record recorded or printed.

When a Japan Fair Trade Commission staff member requests a warrant provided for in paragraph (1) or the preceding paragraph (excluding Article 114-3, paragraphs (4) and (5), hereinafter referred to in this Chapter as a "warrant"), the Japan Fair Trade Commission staff member must submit materials that confirm the existence of a criminal case.

If a request provided in the preceding paragraph is made, the judge of the district court or the summary court must issue a warrant to the Japan Fair Trade Commission staff member with the judge's name and seal affixed thereto, and the following information entered thereon: the site to be inspected; the site, body or object to be searched; or the object to be seized; the electronic or magnetic records to be recorded or printed; the person to be made to record or print the electronic or magnetic records, and the government position and name of the person making the request; the warrant's valid period; the fact that the inspection, search or seizure may not be initiated and the warrant must be returned after the expiration of the valid period; the date of issuance of the warrant; and the name of the court to which the judge belongs. In this case, if the name of the suspect in a criminal case (for a corporation, this means its name) or the fact of a criminal offense is known, these matters must also be written.

In cases under paragraph (2), other than the matters provided by the preceding paragraph, the scope of the recording medium requiring duplication of the relevant electronic or magnetic records connected to the computer to seize via telecommunication lines must be written on the warrant.

A Japan Fair Trade Commission staff member may deliver a warrant to another Japan Fair Trade Commission staff member and have that staff member conduct the on-site inspection, search, seizure, or seizure with ordering records.

When necessary in the investigation of a criminal case, after receipt of a warrant, a Japan Fair Trade Commission staff member may seize postal items, correspondence, or documents related to telegrams that are sent by or to a suspect in a criminal case and stored or possessed by persons handling communication affairs pursuant to the provisions of laws and regulations.

After receipt of a warrant, a Japan Fair Trade Commission staff member may seize postal items, correspondence, or documents related to telegrams that are stored or possessed by persons handling communication affairs pursuant to the provisions of laws and regulations and do not fall under the provisions of the preceding paragraph, to the extent that there are sufficient grounds to suspect each of the items are related to a criminal case.

If the measures under the preceding two paragraphs have been taken, a Japan Fair Trade Commission staff member must notify the sender or recipient of the items to that effect provided, however, that this does not apply if notifying the sender or recipient is likely to hinder the investigation of the criminal case.

When necessary for seizure or seizure with ordering records, a Japan Fair Trade Commission staff member may request in writing to a person who conducts business with one's own facilities for telecommunication of other persons, or a person who has facilities to mediate communication of many or unspecified persons for the business not to erase the electronic or magnetic records' communication history as specified for the senders, destinations, date and time, etc. for a period not exceeding thirty days. In this case, if it is found unnecessary to seize or seize by ordering records the relevant electronic or magnetic records, a Japan Fair Trade Commission staff member must rescind the request.

The time period set forth in the preceding paragraph requesting not to erase may be extended not exceeding thirty days if necessary provided, however, that the total time period requesting not to erase may not exceed sixty days.

If a request is made pursuant to the provisions of paragraph (1), and if it considers it necessary, a Japan Fair Trade Commission staff member may request that the matters concerning the relevant request are not divulged without good reason.

If an object to seize is a recording medium pertaining to electronic or magnetic records, a Japan Fair Trade Commission staff member may take any of the following measures instead of the seizure.

to copy the electronic or magnetic records recorded on the recording medium which is to be seized onto some other recording medium, print them out, or transfer them, and seize the relevant other recording medium; or

to have the person undergoing the seizure copy the electronic or magnetic records recorded on the recording medium which is to be seized onto some other recording medium, print them out, or transfer them, and seize the relevant other recording medium.

No on-site inspection, search, seizure, or seizure with ordering records may be conducted during the period from sunset to sunrise unless it is specified on the warrant that the warrant may be executed at night.

If it is considered to be necessary, an on-site inspection, search, seizure, or seizure with ordering records that was initiated before sunset may be continued beyond sunset.

Warrants for on-site inspection, search, seizure or seizure with ordering records must be shown to the person that is subject to the measures.

When conducting questioning, inspection, retention, on-site inspection, search, seizure, or seizure with ordering records pursuant to the provisions of this Chapter, a Japan Fair Trade Commission staff member must carry identification that indicates their official status and produce it at the request of persons concerned.