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.
差し押さえるべき物件が電子計算機であるときは、当該電子計算機に電気通信回線で接続している記録媒体であつて、当該電子計算機で作成若しくは変更をした電磁的記録又は当該電子計算機で変更若しくは消去をすることができることとされている電磁的記録を保管するために使用されていると認めるに足りる状況にあるものから、その電磁的記録を当該電子計算機又は他の記録媒体に複写した上、当該電子計算機又は当該他の記録媒体を差し押さえることができる。
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.
Read this with the articles around it
electronic or magnetic recordcorrected by this site
「電磁的記録」
A record made in electronic, magnetic or any other form people cannot perceive directly, for use in computer processing.
Defined inArticle 80, paragraph (1)
Japan Fair Trade Commission staff member
「委員会職員」
In Chapter 12, a staff member of the Japan Fair Trade Commission whom the Commission has designated to investigate criminal cases (犯則事件).
Short name set inArticle 101, paragraph (1)· applies only in this chapter
criminal casemachine translation
「犯則事件」
In Chapter 12, a case concerning the offences in Articles 89 to 91 (among them private monopolization and unreasonable restraint of trade, prohibited international agreements, failing to obey a final cease and desist order, and shareholding in breach of Article 11), which designated Japan Fair Trade Commission staff members (委員会職員) may investigate.
Defined inArticle 101, paragraph (1)· applies only in this chapter
seizure with ordering recordsmachine translation
「記録命令付差押え」
Ordering a person who keeps electronic or magnetic records (電磁的記録), or another person with authority to use them, to record the records needed onto a recording medium or print them out, and then seizing that medium: a measure a designated Japan Fair Trade Commission staff member (委員会職員) may take under a judge's warrant when investigating a criminal case (犯則事件).
Defined inArticle 102, paragraph (1)
warrant
「許可状」
In Chapter 12 (except Article 114-3, paragraphs (4) and (5)), a warrant a judge issues in advance under Article 102, paragraph (1) or (3), under which a designated Japan Fair Trade Commission staff member (委員会職員) may carry out an on-site inspection, search, seizure or seizure with ordering records (記録命令付差押え) in a criminal case (犯則事件).
Short name set inArticle 102, paragraph (4)· applies only in this chapter, except in Article 114-3, paragraphs (4) and (5)
Fair Trade Commission
公正取引委員会
The body the Act on Prohibition of Private Monopolization and Maintenance of Fair Trade (独占禁止法, the Antimonopoly Act) sets up to achieve that Act's purpose — among other things, to promote fair and free competition by banning private monopolization, unreasonable restraint of trade and unfair trade practices, and so to protect the interests of general consumers and the democratic and sound development of the national economy (Antimonopoly Act, Articles 1 and 27, paragraph (1)). It comes under the Prime Minister's jurisdiction, but its chairperson and four commissioners — appointed by the Prime Minister with the consent of both Houses of the Diet — exercise their authority independently (Articles 27, paragraph (2), 28 and 29). Under the Act against Unjustifiable Premiums and Misleading Representations, businesses and trade associations may, with the approval of both the Prime Minister and the Fair Trade Commission, conclude or set agreements or rules (協定又は規約) on premiums or representations (Article 36, paragraph (1)).
Written by AI using Antimonopoly Act, Arts. 1, 27, 28, 29 and Act against Unjustifiable Premiums and Misleading Representations, Art. 36 as a reference.
summary court
簡易裁判所
One of the four kinds of lower court (下級裁判所) beneath the Supreme Court, with the high courts (高等裁判所), the district courts (地方裁判所) and the family courts (家庭裁判所) (Courts Act, Article 1, and Article 2, paragraph (1)). A summary court has jurisdiction at first instance over civil claims whose value does not exceed 1.4 million yen, other than claims in administrative cases, and over criminal cases for offences punishable by no more than a fine or for which a fine is one of the penalties the law allows, among others (Article 33, paragraph (1)). A petition for court mediation goes, unless a special rule says otherwise, to the summary court for the place where the other party lives or has its business office or other office, or to a district court or summary court the parties agree on (Civil Mediation Act, Article 3, paragraph (1)).
Written by AI using Courts Act, Arts. 1, 2, 33 and Civil Mediation Act, Art. 3 as a reference.