Code of Criminal Procedure

A defense counsel may, after the institution of prosecution, inspect and copy documents relating to the trial (including the records of litigation prescribed in Article 2, paragraph (1) of the Act on Final Criminal Case Records (Act No. 64 of 1987) (limited to those after the conclusion of the trial); the same applies hereinafter except in Article 47) and articles of evidence in a court; provided, however, that the defense counsel must obtain permission from the presiding judge when electronic or magnetic records (meaning records made in an electronic form, a magnetic form or any other form that cannot be perceived by human senses and that are used for information processing by computers; the same applies hereinafter); the same applies hereinafter) (including the records of litigation prescribed in Article 2, paragraph (1) of the Act on Final Criminal Case Records (Act No. 64 of 1987) (limited to those after the conclusion of the trial); the same applies hereinafter except in Article 47) and articles of evidence (including those that are electronic or magnetic records; the same applies hereinafter except in Article 99, paragraph (1), Article 119, Article 203, paragraph (1), Article 242, Article 246, Article 258, Article 306 and Article 307) in a court. In this case, when all or part of the documents relating to the trial or the articles of evidence are electronic or magnetic records, the inspection of the electronic or magnetic record is to be by means of inspecting what displays its contents or viewing and listening to what reproduces its contents, and the copying of the articles of evidenceelectronic or magnetic record is to be by means of duplicating or printing it, or writing or recording what displays or reproduces its contents.

In the case referred to in the preceding paragraph, permission from the presiding judge must be obtained to perform any of the following acts:

copying articles of evidence (excluding those set forth in the following item and item (iii));

in the case where all or part of the documents relating to the trial or the articles of evidence are electronic or magnetic records, copying such electronic or magnetic record by means of duplicating it;

copying documents relating to the trial or articles of evidence (in the case where all or part of the documents relating to the trial or the articles of evidence are electronic or magnetic records, what displays or reproduces the contents of such electronic or magnetic records) by means of recording them as an electronic or magnetic record.

Notwithstanding the provisions of the preceding paragraph, the recording mediumtwo paragraphs, the electronic or magnetic record provided in Article 157-6, paragraph (5) may not be copied.

After the institution of prosecution, when documents relating to the trial or articles of evidence are recorded in a file (hereinafter simply referred to as the "file") provided on a computer used by the court (including input/output devices; the same applies hereinafter), a defense counsel may, with permission from the presiding judge, inspect or copy them by electronic or magnetic means (meaning means using an electronic data processing system (meaning an electronic data processing system connecting the computer used by the court and the computer used by the defense counsel via telecommunication lines) or other means utilizing information and communications technology that are specified by the Rules of Court).

The provisions of the second sentence of paragraph (1) of the preceding Article apply mutatis mutandis to inspection or copying under the preceding paragraph, and the provisions of paragraph (3) of that Article apply mutatis mutandis to copying under the preceding paragraph. In this case, the phrase "the preceding two paragraphs" in paragraph (3) of that Article is deemed to be replaced with "paragraph (1) of the following Article and the second sentence of paragraph (1) as applied mutatis mutandis pursuant to paragraph (2) of that Article".

When a written decision is an electronic or magnetic record, or when a judicial decision is recorded in a record that is an electronic or magnetic record, the defendant or any other person concerned in a case may request, at said person's own cost, the provision of a document or electronic or magnetic record in which all or part of the particulars recorded in the written decision or the record are written or recorded, and for which it has been certified that its contents are identical to the particulars recorded in the written decision or the record.

Trial records must be prepared as electronic or magnetic records pursuant to the Rules of Court, and recorded in the file.

Important particulars relating to the trial on trial dates must be recorded in the trial records pursuant to the Rules of Court.

Trial records must be completed recorded in the file promptly after each trial date, and at the latest, by the time of pronouncement of the judgment; provided however, that the trial record forof the trial date on which the judgment is pronounced need only be completed recorded in the file within 7 days after said trial date, and the trial record forof the trial date need only be completedrecorded in the file within 10 days after the trial date if the time period from the trial date to the date of pronouncement of the judgment is less than 10 days (within 7 days after the trial date pronouncing the judgment if the time period up to the date of pronouncement of the judgment is less than three days).

If the defendant has no defense counsel, said defendant may inspect the trial records pursuant to the Rules of Courtalso, pursuant to the Rules of Court, inspect what displays the contents of the trial records or view and listen to what reproduces their contents. When the defendant is unable to read or see, said defendant may request the contents of the trial records to be read aloud.

If the trial records have not been completed recorded in the file by the time of the next trial date, the court clerk must, upon the request of a public prosecutor, the defendant or the defense counsel, give an outline of the statements given by the witnesses on the previous trial date either on or before the next trial date. In this case, when the public prosecutor, the defendant or the defense counsel who has made the request raises an objection to the accuracy of the outline of the statements, such objection must be written or recorded in the trial recordsrecord (including those prepared as electronic or magnetic records; the same applies in paragraph (1) of the following Article, Article 65, paragraph (2), Article 157-6, paragraph (5), Article 198 and Article 241, paragraph (3)).

If the trial records of a trial date without the appearance of the defendant and defense counsel have not been completedrecorded in the file before the next trial date, the court clerk must inform, either on or before the next trial date, the defendant or the defense counsel who has appeared of important particulars relating to the trial held on the previous trial date.

A public prosecutor, the defendant or defense counsel may raise an objection to the accuracy of trial records. If such an objection is raised, said objection must be written or recorded in the trial recordsrecord.

The objection prescribed in the preceding paragraph must be raised within 14 days after the last trial date of that instance at the latest; provided however, that with regard to trial records completed recorded in the file after the trial date pronouncing the judgment set forth in the provisions of the proviso to Article 48, paragraph (3)(4), objection may be raised within 14 days after completion of the trial recordsthe date on which they were recorded in the file.

Court proceedings on the trial dates recorded in trial records can only be certified by thesaid trial records.

Any person may inspect case records after conclusion of a case; provided however, that this does not apply when such inspection interferes with the preservation of the case records or the business of the court or the public prosecutor's office.

With regard to the cases prescribed in the proviso to Article 82, paragraph (2) of the Constitution of Japan, case records may not be prohibited for inspection.

When all or part of the case records under paragraph (1) are electronic or magnetic records, the inspection of such electronic or magnetic records under the provisions of that paragraph is to be by means of inspecting what displays their contents or viewing and listening to what reproduces their contents.

Except as otherwise provided for by the Rules of Court, the provisions of laws and regulations concerning civil procedure (excluding Article 100, paragraph (2)109-4 of the Code of Civil Procedure (Act No. 109 of 1996) and the provisions of Part I, Chapter V, Section 4, Subsections 3 andSubsection 4 of that Act) apply mutatis mutandis to the service of documentsservice. In this case, the phrase "court in charge of the case" in Article 109-2, paragraph (2) of that Act is deemed to be replaced with "court".

Chapter VI-2 Petitions, etc. by Electronic Data Processing System

A petition, request or other statement made to a court, presiding judge or judge (hereinafter referred to as a "petition, etc.") that is provided by the provisions of this Code concerning such petition, etc. to be made in writing may, notwithstanding those provisions and pursuant to the Rules of Court, be made by the method of recording the particulars to be stated in said document in the file using an electronic data processing system specified by the Rules of Court (meaning an electronic data processing system connecting the computer used by the court and the computer used by the person making the petition, etc. via telecommunication lines; the same applies in the following Article) or by the method of submitting a recording medium on which those particulars are recorded to the court, presiding judge or judge.

With regard to a petition, etc. made by the method set forth in the preceding paragraph, the provisions of this Code and other laws and regulations concerning the petition, etc. apply as if it had been made in writing as prescribed in the provisions of this Code that provide for the petition, etc. to be made in writing; provided, however, that this does not apply where there is a special provision in those laws and regulations.

A petition, etc. made by the method of recording in the file using the electronic data processing system under paragraph (1) is deemed to have reached the court, presiding judge or judge at the time when the particulars pertaining to the petition, etc. were recorded in the file.

A public prosecutor and a defense counsel who is an attorney must, with regard to a petition, etc., except where it is made orally, pursuant to the Rules of Court, make it by the method of recording the particulars pertaining to the petition, etc. in the file using an electronic data processing system specified by the Rules of Court or by the method of submitting a recording medium on which those particulars are recorded to the court, presiding judge or judge; provided, however, that this does not apply to the following petitions, etc.:

a request for a warrant;

a request for a summary order in a case pertaining to an offense under Chapter VIII of the Road Traffic Act (Act No. 105 of 1960) or Article 17 or Article 18 of the Act on Assurance of Car Parking Spaces and Other Matters (Act No. 145 of 1962), and institution of prosecution made at the same time (limited to those made in a document in the form specified by the rules on simple and prompt handling of these cases);

petitions, etc. specified by the Rules of Court other than those set forth in the preceding two items.

The provisions of the preceding paragraph do not apply where a public prosecutor or a defense counsel who is an attorney is unable to file a petition, etc. by the method set forth in that paragraph due to a failure of a computer pertaining to the electronic data processing system set forth in that paragraph or any other grounds not attributable to the public prosecutor or the defense counsel.

When a petition, etc. is made in writing (excluding when it is made in violation of paragraph (1) of the preceding Article and when the petition, etc. falls under the proviso to that paragraph), or is made by submitting a recording medium on which the matters pertaining to the petition, etc. are recorded as prescribed by the Rules of Court, the court clerk must record the matters stated in the document or recorded on the recording medium in a file; provided, however, that this does not apply where there are difficult circumstances in recording those matters in a file.

The defendant may not be detained unless said defendant has been informed of the case and a statement has been taken from the defendant; provided however, that this does not apply if the defendant has fled.

Where the court informs a defendant who is in a penal institution of the case pursuant to the preceding paragraph and takes a statement concerning it, if there are circumstances that make it difficult to conduct those proceedings with the defendant present in court, the court may conduct them with the defendant present in the penal institution, by means that allows the recognition of each other's presence and communication through the transmission of images and sound. In this case, the court must inform the defendant in advance that the court will conduct those proceedings.

A summons, subpoena or detention warrant may, in addition to being in writing, be in the form of an electronic or magnetic record, as prescribed by the Rules of Court.

A summons must contain or record the name and residence of the defendant, the crime, the date, time and location of appearance, a statement that a subpoena may be issued if the defendant does not appear without a justifiable reason, and other particulars prescribed in the Rules of Court; and the presiding judge or the commissioned judge must affix their name and seal to it.

With regard to a summons, the presiding judge or the commissioned judge must take the measure specified in the relevant item in accordance with the category of cases set forth in the following items.

Where the summons is in writing: affixing a name and seal;

Where the summons is an electronic or magnetic record: taking a measure prescribed by the Rules of Court that takes the place of affixing a name and seal (limited to a measure that causes the name of the presiding judge or the commissioned judge to be displayed together when the matters recorded in the summons are displayed on the screen of a computer, on paper or on anything else).

A subpoena or detention warrant must contain or record the name and residence of the defendant, the crime, an outline of the charged facts, the place where the defendant is to be brought or the penal institution where the defendant is to be detained, the period of validity and a statement that after expiry of the period of validity the subpoena or detention warrant may not be executed but must be returned, the date of issue, and other particulars prescribed in the Rules of Court; and the presiding judge or the commissioned judge must affix their name and seal to itparticulars specified in the relevant item in accordance with the category of cases set forth in the following items, the date of issue, and other particulars prescribed in the Rules of Court.

Where the subpoena or detention warrant is in writing: the period of validity and a statement that after expiry of the period of validity the subpoena or detention warrant may not be executed but must be returned;

Where the subpoena or detention warrant is an electronic or magnetic record: the period of validity, and a statement that after expiry of the period of validity the warrant may not be executed, that a measure prescribed by the Rules of Court, such as deleting the warrant from the computer used by the public prosecutor and the public prosecutor's assistant officer or judicial police official (or, where an official of the penal institution executes it pursuant to Article 70, paragraph (2), by the public prosecutor and the official of the penal institution), must be taken, and that an electronic or magnetic record recording the fact that the measure has been taken must be submitted to the presiding judge or the commissioned judge.

With regard to a subpoena or detention warrant, the presiding judge or the commissioned judge must take the measure specified in the relevant item in accordance with the category of cases set forth in the following items.

Where the subpoena or detention warrant is in writing: affixing a name and seal;

Where the subpoena or detention warrant is an electronic or magnetic record: taking a measure prescribed by the Rules of Court that takes the place of affixing a name and seal (limited to a measure that causes the name of the presiding judge or the commissioned judge to be displayed together when the matters recorded in the subpoena or detention warrant are displayed on the screen of a computer, on paper or on anything else).

When the residence of the defendant is unknown, it need not be stated or recorded.

When the defendant submits documentation stating that the defendant will appear on an appointed trial date, or when the court orally instructs the defendant while in court to appear on the next trial date, this has the same effect as a summons being served. When the court orally instructs the defendant, this fact must be stated or recorded in the trial records.

The provisions of Article 64 apply mutatis mutandis to the subpoena prescribed in the preceding paragraph. In this case, a statement that the subpoena is issued through delegation must be stated or recorded on the subpoena.

In the execution of a subpoena, said subpoena must be shown to the defendant, andafter taking, with respect to the defendant, the measure specified in the relevant item in accordance with the category of cases set forth in the following items, the defendant must be brought to the designated court or the designated place directly and as promptly as possible. With regard to execution of the subpoena prescribed in Article 66, paragraph (4), the defendant must be brought to the judge who issued it.

Where the subpoena is in writing: showing the subpoena;

Where the subpoena is an electronic or magnetic record: showing, as prescribed by the Rules of Court, the matters recorded in the subpoena and the name of the presiding judge or the commissioned judge pertaining to the measure under Article 64, paragraph (2) (limited to the portion pertaining to item (ii)), by displaying them on the screen of a computer, on paper or on anything else.

In the execution of a detention warrant, said warrant must be shown to the defendant, andafter taking, with respect to the defendant, the measure specified in the relevant item in accordance with the category of cases set forth in the following items, the defendant must be brought to the designated penal institution directly and as promptly as possible.

Where the detention warrant is in writing: showing the detention warrant;

Where the detention warrant is an electronic or magnetic record: showing, as prescribed by the Rules of Court, the matters recorded in the detention warrant and the name of the presiding judge or the commissioned judge pertaining to the measure under Article 64, paragraph (2) (limited to the portion pertaining to item (ii)), by displaying them on the screen of a computer, on paper or on anything else.

When the subpoena or detention warrant cannot be shown to the defendant because it is not in the executing officer's possessionmeasures specified in the items of paragraph (1) or the items of the preceding paragraph cannot be taken with respect to a subpoena or detention warrant, and when in cases requiring urgency, the warrant may, notwithstanding the preceding two paragraphs, be executed after giving an outline of the facts of the charges to the defendant and informing the defendant that the warrant has been issued; provided however, that the warrant must be shown to the defendant. In this case, the measures specified in the items of paragraph (1) or the items of the preceding paragraph must be taken as promptly as possible.

In the case of the proviso of Article 61, paragraph (1), immediately after detention of the defendant, the defendant must be notified of the matters provided in paragraph (1) and an outline of the charged facts, and also informed of the matters provided in the preceding paragraph; provided, however, that if a defense counsel has been appointed for the defendant, it is sufficient to give the defendant only the outline of the charged facts.

The provisions of paragraph (3) of the preceding Article apply mutatis mutandis to notification under paragraph (1), information under paragraph (2), and notification and information under the preceding paragraph.

The court may permit the bail bond to be paid in securities or with a written guarantee issued(including an electronic or magnetic record) submitted by an appropriate person other than the defendant, in place of cash.

If a ruling to rescind bail or the suspension of execution of detention has been made, or if the term of suspension of detention has expired, a public prosecutor's assistant officer, judicial police official or an official of the penal institution must, under the direction of a public prosecutor, commit the defendant in a penal institution after showing said defendant a transcript of the detention warrant and a transcript of the written take, with respect to the defendant, the measure set forth in item (i) for the detention warrant and the measure set forth in item (ii) for the ruling rescinding bail or the suspension of execution of detention or a transcript of the written the ruling on suspension for a designated term of execution of detention, and then commit the defendant in a penal institution.

Where the detention warrant is in writing, showing a transcript of it, and where the detention warrant is an electronic or magnetic record, showing, as prescribed by the Rules of Court, the matters recorded in the detention warrant and the name of the presiding judge or the commissioned judge pertaining to the measure under Article 64, paragraph (2) (limited to the portion pertaining to item (ii)), by displaying them on the screen of a computer, on paper or on anything else;

where the ruling is a document, showing a certified copy of it, and where the ruling is an electronic or magnetic record, pursuant to the Rules of Court, displaying the particulars recorded in the ruling on the screen of a computer, in a document or on something else and showing them.

When said officer or official is unable to showtake the documents in the preceding paragraph to the defendant because said person does not have the documents in their possessionmeasures set forth in the items of the preceding paragraph and in cases requiring urgency, said person may, notwithstanding the preceding paragraph and under the direction of a public prosecutor, commit the defendant in a penal institution after notifying the defendant that the ruling to grant bail or to suspend the execution of detention has been rescinded, or that the term of suspension of execution of detention has expired; provided however, that the documents . In this case, the measures set forth in the items of that paragraph must be showntaken as promptly as possible.

The provisions of Article 71 apply mutatis mutandis to the commitment in the preceding two paragraphs.

If the article to be seized is a computer, and with regard to a recording medium connected via telecommunication lines to such computer, it may be reasonably supposed that such recording medium was used to retain electronic or magnetic records which have been made or altered using such computer (meaning records created in an electronic, magnetic or other form not recognizable by human perception and used for information processing by a computer; the same applies hereinafter), or electronic or magnetic records which can be altered or erased using such computer, the computer or other recording medium may be seized after such electronic or magnetic records have been copied onto such computer or other recording medium.

In addition to being in writing, a seizure warrant or search warrant may be made as an electronic or magnetic record pursuant to the Rules of Court.

Seizure warrants or search warrants must contain state or record the name of the defendant, the charged offense, the articles to be seized, or the place, body or articles to be searched, the period of validity and a statement to the effect that after said period of validity expires searches or seizures may not be executed and said warrant must be returnedparticulars specified in each of the following items in accordance with the category of cases set forth in those items, as well as the date of issue and other particulars prescribed in the Rules of Court; and the name and seal of the presiding judge must be affixed to said warrants.

where a seizure warrant or search warrant is in writing: the period of validity and a statement to the effect that after expiry of the period of validity the warrant may not be executed and must be returned;

where a seizure warrant or search warrant is an electronic or magnetic record: the period of validity and a statement to the effect that, after expiry of the period of validity, the warrant may not be executed and that the public prosecutor and public prosecutor's assistant officer or judicial police official (or, where execution is ordered of a court clerk or judicial police official pursuant to the proviso to paragraph (1) of the following Article, the court clerk or judicial police official) must take measures specified by the Rules of Court, such as erasing the warrant from the computer used by that person, and submit to the presiding judge an electronic or magnetic record recording that those measures have been taken.

When making the disposition provided for in Article 99, paragraph (2), in addition to the particulars prescribed in the preceding paragraph, the seizure warrants set forth in the preceding paragraph must containstate or record the range of recording medium from which the electronic or magnetic records are to be copied and which is connected via telecommunication lines to the computer to be seized.

With regard to seizure warrants or search warrants, the presiding judge must take the measures specified in each of the following items in accordance with the category of cases set forth in those items:

where a seizure warrant or search warrant is in writing: affixing the name and seal;

where a seizure warrant or search warrant is an electronic or magnetic record: taking a measure specified by the Rules of Court in place of affixing the name and seal (limited to one by which, when the particulars recorded in the seizure warrant or search warrant are displayed on the screen of a computer, in a document or on something else, the name of the presiding judge is also displayed).

The provisions of Article 64, paragraph (2)(3) apply mutatis mutandis to the seizure warrant or search warrant set forth in paragraph (1).

The court may, with regard to the execution of a seizure warrant or search warrant, give instructions in writing or by an electronic or magnetic record that it finds appropriate to the person who executes it.

The seizure warrant or search warrant must be shown With regard to a seizure warrant, the measures specified in each of the following items in accordance with the category of cases set forth in those items must be taken with respect to the person who is to be subject to said disposition.:

where the seizure warrant is in writing: showing the seizure warrant;

where the seizure warrant is an electronic or magnetic record: pursuant to the Rules of Court, displaying the particulars recorded in the seizure warrant and the name of the presiding judge pertaining to the measure under Article 107, paragraph (3) (limited to the part pertaining to item (ii)) on the screen of a computer, in a document or on something else and showing them, or having the person who is to be subject to the disposition display them on the screen of a computer used by that person, in a document or on something else and showing them.

With regard to a search warrant, the measures specified in each of the following items in accordance with the category of cases set forth in those items must be taken with respect to the person who is to be subject to said disposition:

where the search warrant is in writing: showing the search warrant;

where the search warrant is an electronic or magnetic record: pursuant to the Rules of Court, displaying the particulars recorded in the search warrant and the name of the presiding judge pertaining to the measure under Article 107, paragraph (3) (limited to the part pertaining to item (ii)) on the screen of a computer, in a document or on something else and showing them.

The executing officer may not enter the residence of a person, or premises, building or vessel guarded by a person to execute a seizure warrant or search warrant before sunrise or after sunset, unless the warrant contains a written or recorded statement to the effect that execution during the night is permitted.

If no article of evidence or article requiring confiscation has been found in a search, the executing officer must, upon the request of the person who is subject to the search, issueprovide a certificate certifying said fact (including one prepared as an electronic or magnetic record); provided, however, that a certificate prepared as an electronic or magnetic record may not be provided if the person to receive it objects.

If articles have been seized, the executing officer must make an inventory and deliverin writing or as an electronic or magnetic record and provide it to the owner, possessor or custodian of the articles (including the person subject to the measure pursuant to the provisions of Article 110-2 or an order to provide electronic or magnetic records (limited to an order for provision by the method set forth in Article 102-2, paragraph (1), item (i), (a))) or said person's deputy.

Notwithstanding the preceding paragraphtwo paragraphs, an inventory made in electronic or magnetic records may not be provided if the person to receive it objects.

Those who are entitled to attend the examination in accordance with the preceding paragraph must be notified in advance of the date, time and location of the witness examination; provided however, that this does not apply when any of these persons declares in advance to the court their intent of not attending.

In the examination of a witness, in the following cases, when, taking into consideration the state of the proceedings, the number of defense counsel, the gravity of the case and other circumstances, there is an unavoidable reason, there is no risk of causing substantial disadvantage to the defense of the defendant, and the court finds it appropriate, the court may, after hearing the opinions of the public prosecutor and the defendant or the defense counsel, have the defendant be present in a place that it finds appropriate located elsewhere than in the same premises (meaning the same premises as the place where the judge and persons concerned in the case are present for the examination of the witness; the same applies hereinafter in this paragraph and in Article 157-6, paragraphs (1) and (2)), such as a place on the premises of another court, and examine the witness by means that allows the recognition of each other's presence and communication through the transmission of images and sound. In this case, the defendant who is present at that place is deemed to have attended the examination.

when it finds that there is a risk that, in the course of travel entailed in appearing at the same premises, an act will be committed to cause harm to the body of the defendant or to seize or free a defendant who is under physical restraint;

when it finds that it is extremely difficult for the defendant to appear at the same premises due to the defendant's injury or illness or mental or physical disability.

When the court examines a witness pursuant to the preceding paragraph, the defense counsel may be present in the place where the defendant is present. In this case, the defense counsel who is present at that place is deemed to have attended the examination.

In the examination of a witness, when it is found that the witness is likely to feel pressure and the witness's mental peace of mind is likely to be seriously harmed while testifying in the presence of the defendant (including cases using the means provided in paragraphs (1) and (2) of the following Articlemeans that allows the recognition of each other's presence and communication through the transmission of images and sound) due to the nature of the crime, the witness's age, mental or physical condition or relationship with the defendant, or other circumstances, and a court finds it appropriate, the court may take measures so that it is impossible for the defendant and the witness to be aware of each other's presence either from one side or from both sides, after hearing the opinions of the public prosecutor and the defendant or the defense counsel; provided, however, that measures to make it impossible for the defendant to be aware of the presence of the witness may only be taken when the defense counsel is present.

In the examination of the person set forth in the following items as a witness, when a court finds it appropriate, the court may, after hearing the opinions of the public prosecutor and the defendant or the defense counsel, have the witness be present in a place located in the same premises (meaning in the same premises as the place where these persons are present; the same applies in the following paragraph) other than the place where the judge and persons concerned in the case are present for the examination of the witness, and examine the witness by means that allows the recognition of each other's presence and communication through the transmission of images and sound:

In the examination of a witness using the means provided in paragraph (1) or (2) (excluding the case of examination pursuant to the provisions of items (v) through (viii) of that paragraph), when it is considered that the witness will be requested to testify on the same facts again in another criminal procedure thereafter, and the consent of the witness is obtained, the court may, after hearing the opinions of the public prosecutor and the defendant or the defense counsel, record the examination and testimony of and the circumstances surrounding the witness on a recording medium (limited to that capable of recording images and sound simultaneously)as an electronic or magnetic record by the method of simultaneously making an audio recording and a video recording, and record it in the file.

The recording medium on which the examination and testimony of and the circumstances surrounding a witness are recordedelectronic or magnetic record recorded in the file pursuant to the provisions of the preceding paragraph shall be attached to the case record asis to be made part of the record.

In addition to being in writing, a detention warrant for expert examination may be made as an electronic or magnetic record pursuant to the Rules of Court.

The provisions pertaining to detention apply mutatis mutandis to the detention for expert examination prescribed in paragraph (1) of this Article except as otherwise provided in this Code; provided however, that the provisions pertaining to bail do not apply.

The court must grant the permission set forth in the preceding paragraph by issuing a permit.

In addition to being in writing, the permit set forth in the preceding paragraph may be made as an electronic or magnetic record pursuant to the Rules of Court.

The court must, when it gives permission as prescribed in the preceding paragraph, issue a written permit which containspermit set forth in paragraph (2) must state or record the name of the defendant, the crime, and the place to be entered, the body to be inspected and examined, the corpse to be autopsied, the grave to be excavated, the object to be destroyed and the name of the expert witness and other particulars provided for by the Rules of Court.

The court may add appropriate conditions to inspections and examinations of persons.

Expert witnesses must show a written permit take the measures specified in each of the following items in accordance with the category of cases set forth in those items with respect to the relevant persons subject to the measures prescribed in paragraph (1) of this Article.:

where the permit set forth in paragraph (2) is in writing: showing the permit set forth in that paragraph;

where the permit set forth in paragraph (2) is an electronic or magnetic record: pursuant to the Rules of Court, displaying the particulars recorded in the permit set forth in that paragraph on the screen of a computer, in a document or on something else and showing them.

The provisions of the preceding three paragraphsparagraph (2) through the preceding paragraph do not apply to the measures prescribed in paragraph (1) of this Article taken by an expert witness in a public court.

The provisions of Articles 131, 137, 138 and 140 apply mutatis mutandis to inspections and examinations of persons by an expert witness in accordance with the provisions of paragraph (1) of this Article.

The public prosecutor and the defense counsel may inspect and copy the documents (including electronic or magnetic records; the same applies hereinafter in this Article and the following Article) and articles of evidence pertaining to the dispositions prescribed in paragraph (1) of the preceding Article in court. In this case, when all or part of the documents or articles of evidence pertaining to the dispositions are electronic or magnetic records, the inspection of the electronic or magnetic record is to be by means of inspecting what displays its contents or viewing and listening to what reproduces its contents, and the copying of the electronic or magnetic record is to be by means of duplicating or printing it, or writing or recording what displays or reproduces its contents.

The public prosecutor and the defense counsel may inspect and copy the documents and articles of evidence pertaining to the dispositions prescribed in paragraph (1) of the preceding Article in court; provided however, that In the case referred to in the preceding paragraph, defense counsel must receive permission from the judge to copy the articles of evidence.perform any of the following acts:

copying articles of evidence (excluding those set forth in the following item and item (iii));

in the case where all or part of the documents or articles of evidence pertaining to the dispositions prescribed in paragraph (1) of the preceding Article are electronic or magnetic records, copying such electronic or magnetic record by means of duplicating it;

copying the documents or articles of evidence pertaining to the dispositions prescribed in paragraph (1) of the preceding Article (in the case where all or part of them are electronic or magnetic records, what displays or reproduces the contents of such electronic or magnetic records) by means of recording them as an electronic or magnetic record.

Notwithstanding the provisions of the preceding paragraph, the recording mediumtwo paragraphs, the electronic or magnetic record provided in Article 157-6, paragraph (5) may not be copied.

The defendant or suspect may inspect the documents and articles of evidence pertaining to the dispositions prescribed in paragraph (1) of the preceding Article in court with the permission of the judge; provided however, that this does not apply when defense counsel is assigned to the defendant or suspect.

In the case referred to in the main clause of the preceding paragraph, when all or part of the documents or articles of evidence pertaining to the dispositions prescribed in paragraph (1) of the preceding Article are electronic or magnetic records, the inspection of the electronic or magnetic record is to be by means of inspecting what displays its contents or viewing and listening to what reproduces its contents.