第百七条
Whenever necessary for conducting an on-site inspection, search, seizure, or seizure with ordering records, a Japan Fair Trade Commission staff member may open locks, open seals, and take other necessary measures.
The measures set forth in the preceding paragraph may be taken in relation to objects retained, seized, or seized by ordering records.
前項の処分は、領置物件、差押物件又は記録命令付差押物件についても、することができる。
第百七条の二
If an object to inspect or object to seize is a recording medium pertaining to electronic or magnetic records, a Japan Fair Trade Commission staff member may ask for cooperation in the operation of a computer and others from a person to be inspected, searched, or seized.
第百八条
A Japan Fair Trade Commission staff member may prohibit any person from entering or leaving the site without permission while the questioning, inspection, retention, on-site inspection, search, seizure, or seizure with ordering records pursuant to the provisions of this Chapter are being conducted.
第百九条
When conducting an on-site inspection, search, seizure, or seizure with ordering records of a person's residence, or a residence, building, or other site guarded by a person, a Japan Fair Trade Commission staff member must have the owner or superintendent (including their representative or agent or other person who should act on their behalf), or their employee or cohabitating relative who has attained the age of majority witness it.
If it is not possible, in cases under the preceding paragraph, to have a person provided in that paragraph witness the on-site inspection, search, or seizure, a Japan Fair Trade Commission staff member must have a neighbor who has attained the age of majority or a local police official or local government official witness it.
Any body-search of a female must be conducted in the presence of a female witness over the age of majority provided, however, that this does not apply to urgent cases.
女子の身体について捜索するときは、成年の女子を立ち会わせなければならない。ただし、急速を要する場合は、この限りでない。
第百十条
If necessary in the course of an on-site inspection, search, seizure, or seizure with ordering records, a Japan Fair Trade Commission staff member may request the assistance of police officials.
第百十一条
After carrying out 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 prepare a written report that states the date when the measures were taken and the findings, and show it to the person who was questioned or the witness, and, along with the person who was questioned or the witness, affix the person's name and seal thereto provided, however, that if the person who was questioned or the witness does not affix the person's name and seal thereto or is unable to do so, it is sufficient to make supplementary note to that effect.
第百十二条
After carrying out retention, seizure, or seizure with ordering records, a Japan Fair Trade Commission staff member must prepare an inventory of the objects retained, seized, or seized by ordering records and deliver a copy of the inventory to the owner, holder, or custodian of the objects retained, seized, or seized by ordering records (including a person subjected to the measure under the provisions of Article 103-3) or a person who can act in lieu of the owner, holder, or custodian.
第百十三条
Regarding an object retained, seized, or seized by ordering records that is difficult to transport or store, a Japan Fair Trade Commission staff member may, with the consent of the owner or holder of the object or other person that the Japan Fair Trade Commission staff member finds to be appropriate, have the person store the object after receiving a safekeeping receipt.
運搬又は保管に不便な領置物件、差押物件又は記録命令付差押物件は、その所有者又は所持者その他委員会職員が適当と認める者に、その承諾を得て、保管証を徴して保管させることができる。
第百十四条
After an object retained, seized, or seized by ordering records no longer needs to be held in custody, the Japan Fair Trade Commission must return the object to the person to whom it should be returned.
公正取引委員会は、領置物件、差押物件又は記録命令付差押物件について留置の必要がなくなつたときは、その返還を受けるべき者にこれを還付しなければならない。
If the Japan Fair Trade Commission cannot return an object that is retained, seized, or seized by ordering records set forth in the preceding paragraph because it does not know the domicile or residence of the person to whom the object should be returned or because of another reason, the Japan Fair Trade Commission must issue a public notice to that effect.
公正取引委員会は、前項の領置物件、差押物件又は記録命令付差押物件の返還を受けるべき者の住所若しくは居所がわからないため、又はその他の事由によりこれを還付することができない場合においては、その旨を公告しなければならない。
If no request is made for the return of an object retained, seized, or seized by ordering records regarding which a public notice has been issued pursuant to the preceding paragraph after six months have elapsed since the day of the public notice, the object belongs to the national treasury.
前項の公告に係る領置物件、差押物件又は記録命令付差押物件について、公告の日から六月を経過しても還付の請求がないときは、これらの物件は、国庫に帰属する。
第百十四条の二
If the seized object is a recording medium which was seized after transferring the electronic or magnetic records or having the electronic or magnetic records transferred pursuant to the provisions of Article 103-3 and does not need to be placed in custody, where the person who underwent the seizure and the owner, possessor, or custodian of the recording medium differ, the Japan Fair Trade Commission must deliver the recording medium to the person who underwent the seizure or must allow the copying of the electronic or magnetic records.
The provisions of paragraph (2) of the preceding Article apply mutatis mutandis to the delivery or duplication pursuant to the provisions of the preceding paragraph.
If neither delivery nor duplication is requested under the preceding paragraph even after six months have elapsed from the date of public notice pursuant to the provisions of paragraph (2) of the preceding Article as applied mutatis mutandis under the preceding paragraph, neither delivery nor duplication is required to be made.
第百十四条の三
When necessary in the investigation of a criminal case, a Japan Fair Trade Commission staff member may commission persons who have knowledge and experience to give expert opinions on objects retained, seized, or seized by ordering records, or commission interpreters or translators.
The persons commissioned to give expert opinions pursuant to the provisions of the preceding paragraph (referred to in the paragraph (4) and paragraph (5) as "expert witness") may destruct the objects involved with the permission by a judge of the district court or summary court having jurisdiction over the location of the Japan Fair Trade Commission.
A request for permission under the preceding paragraph must be made by a Japan Fair Trade Commission staff member.
If a request provided in the preceding paragraph is made, the judge 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 name of the suspect (for a corporation, this means its name), the charge, the object to destruct, the names of the expert witnesses; the government position and name of the person making the request; the warrant's valid period; the fact that the execution 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.
The expert witnesses must show the warrant provided for in the preceding paragraph to the person that is subject to the measures of paragraph (2).
第百十五条
After completing the investigation of a criminal case, a Japan Fair Trade Commission staff member must report the results of the investigation to the Japan Fair Trade Commission.
第百十六条
If an accusation is filed pursuant to the provisions of Article 74, paragraph (1) as a result of the investigation of a criminal case, if there are any objects retained, seized, or seized by ordering records, the Japan Fair Trade Commission must hand over the objects together with the inventory thereof.
If any object retained, seized, or seized by ordering records set forth in the preceding paragraph is being stored pursuant to the provisions of Article 113, the Japan Fair Trade Commission must hand over the safekeeping receipt set forth in that Article and notify the person storing the object pursuant to that Article to that effect.
When any object retained, seized, or seized by ordering records is handed over pursuant to the provisions of the preceding two paragraphs, the object is deemed to have been seized pursuant to the provisions of the Code of Criminal Procedure.
第百十七条
The provisions of Chapters II through IV of the Administrative Procedure Act do not apply to measures taken or administrative guidance implemented by the Japan Fair Trade Commission or a Japan Fair Trade Commission staff member in accordance with the provisions of this Chapter.
この章の規定に基づいて公正取引委員会又は委員会職員がする処分及び行政指導については、行政手続法第二章から第四章までの規定は、適用しない。
第百十八条
A request for review cannot be filed against measures of the Japan Fair Trade Commission or a Japan Fair Trade Commission staff member under the provisions of this Chapter, or against their failure to act.
この章の規定による公正取引委員会又は委員会職員の処分又はその不作為については、審査請求をすることができない。
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)
expert witness
「鑑定人」
In Article 114-3, a person of learning and experience whom a designated Japan Fair Trade Commission staff member (委員会職員) has asked, in investigating a criminal case (犯則事件), for an expert opinion on items retained or seized, and who may destroy such an item with a judge's permission.
Short name set inArticle 114-3, paragraph (2)· applies only in this provision and 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.
request for review
審査請求
A request to an administrative agency (行政庁) to review a disposition (処分) the person objects to, or, where the person applied for a disposition under a law or regulation and a reasonable time has passed with none made, the agency's failure to act (不作為) (Administrative Complaint Review Act, Articles 2 and 3). Unless an Act, or for a disposition based on a local ordinance (条例) that ordinance, provides otherwise, it is made to the agency that made the disposition or failed to act where that agency has no superior agency or is itself the competent minister (主任の大臣) or the head of certain agencies; where such a minister or head is the agency above it, to that minister or head; and otherwise to its highest superior agency (Article 4). Another Act can set rules of its own for it, naming another body to make it to or another route (Article 1, paragraph (2); Article 4): the Employees' Pension Insurance Act, for instance, has a request about a disposition (処分) of the Minister of Health, Labour and Welfare (厚生労働大臣) on a person's status as insured, standard remuneration or insurance benefits, other than a decision on a request to correct the pension insurance register, made to a social insurance examiner (社会保険審査官), and disapplies most of the Administrative Complaint Review Act's rules for it (Employees' Pension Insurance Act, Articles 90, paragraph (1), and 91-2). Under the Administrative Complaint Review Act, a request about a disposition must be made within three months of the day after the person learned of it — or one month after learning of the decision, where a request for re-investigation (再調査の請求) was made first — and within a year of the disposition or that decision, unless there is a justifiable reason (Administrative Complaint Review Act, Article 18, paragraphs (1) and (2)). Making one does not by itself stop the disposition taking effect or being carried out, or the proceedings going on (Article 25, paragraph (1)), but the agency reviewing it can suspend them in whole or in part on the application of the person who made the request — and, where it made the disposition or is the agency above the one that did, of its own motion — and, once the person who made the request has applied, must where that is urgently needed to avoid serious harm, unless that would seriously affect the public welfare or the request appears to have no grounds (Article 25, paragraphs (2) to (4)). The agency reviewing it (審査庁) decides it by a determination (裁決): it dismisses a request that is unlawful, for instance one made too late, rejects one that is groundless, and, where one is well founded, revokes the disposition in whole or in part or changes it — though never to the disadvantage of the person who made the request, and an agency that neither made the disposition nor is above the agency that did cannot change it (Articles 45, paragraphs (1) and (2), 46, paragraph (1), and 48). Where the request is about a de facto act (事実上の行為), the determination instead declares the act unlawful or unjust and orders it abolished in whole or in part or changed, or abolishes or changes it (Article 47). A well-founded request about a failure to act ends instead in a determination declaring the failure unlawful or unjust, and, where the agency finds a disposition should be made, an order to make it or the disposition itself (Article 49, paragraph (3)). Where revoking an unlawful or unjust disposition, or abolishing an unlawful or unjust de facto act, would seriously harm the public interest, the agency can reject the request while declaring in the determination that it is unlawful or unjust (Article 45, paragraph (3)). The determination takes effect when it is served on the person who made the request — or, where someone other than the disposition's addressee made it and the determination revokes or changes the disposition or deals with a de facto act, once it is served on the addressee too — and binds the agencies concerned (Articles 51, paragraph (1), and 52, paragraph (1)).
Written by AI using Administrative Complaint Review Act, Arts. 1 to 4, 18, 25, 45 to 49, 51, 52 and Employees' Pension Insurance Act, Arts. 90, 91-2 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.