第百一条
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.
公正取引委員会の職員(公正取引委員会の指定を受けた者に限る。以下この章において「委員会職員」という。)は、犯則事件(第八十九条から第九十一条までの罪に係る事件をいう。以下この章において同じ。)を調査するため必要があるときは、犯則嫌疑者若しくは参考人(以下この項において「犯則嫌疑者等」という。)に対して出頭を求め、犯則嫌疑者等に対して質問し、犯則嫌疑者等が所持し若しくは置き去つた物件を検査し、又は犯則嫌疑者等が任意に提出し若しくは置き去つた物件を領置することができる。
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.
第百二条
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.
第百三条
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.
第百三条の二
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.
前項の規定により消去しないよう求める期間については、特に必要があるときは、三十日を超えない範囲内で延長することができる。ただし、消去しないよう求める期間は、通じて六十日を超えることができない。
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.
第一項の規定による求めを行う場合において、必要があるときは、みだりに当該求めに関する事項を漏らさないよう求めることができる。
第百三条の三
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
差し押さえるべき記録媒体に記録された電磁的記録を他の記録媒体に複写し、印刷し、又は移転した上、当該他の記録媒体を差し押さえること。
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.
差押えを受ける者に差し押さえるべき記録媒体に記録された電磁的記録を他の記録媒体に複写させ、印刷させ、又は移転させた上、当該他の記録媒体を差し押さえること。
第百四条
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.
日没前に開始した臨検、捜索、差押え又は記録命令付差押えは、必要があると認めるときは、日没後まで継続することができる。
第百五条
Warrants for on-site inspection, search, seizure or seizure with ordering records must be shown to the person that is subject to the measures.
第百六条
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.
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
criminal suspect or witness
「犯則嫌疑者等」
In Article 101, paragraph (1), a person suspected in a criminal case (犯則事件) or a witness (参考人), whom a designated Japan Fair Trade Commission staff member (委員会職員) may ask to appear and may question, and whose belongings may be inspected or retained when handed over or left behind.
Short name set inArticle 101, paragraph (1)· applies only in this paragraph
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.