Code of Criminal Procedure

When documents or articles of evidence pertaining to the dispositions prescribed in Article 179, paragraph (1) are recorded in the file, the public prosecutor may inspect and 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 public prosecutor via telecommunication lines) or other means utilizing information and communications technology that are specified by the Rules of Court).

In the case prescribed in the preceding paragraph, the defense counsel may, with the permission of the judge, inspect or copy the documents or articles of evidence pertaining to the dispositions prescribed in Article 179, paragraph (1) by the electronic or magnetic means prescribed in Article 40-2, paragraph (1).

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

A public prosecutor, public prosecutor's assistant officer or judicial police official may ask any suspect to appear in their offices and interrogate said person when it is necessary for the investigation of a crime; provided however, that the suspect may, except in cases where said person is under arrest or under detention, refuse to appear or after said person has appeared, may withdraw at any time.

In the case of the interrogation set forth in the preceding paragraph, the suspect must be notified in advance that said person is not required to make a statement against said person's will.

The With regard to the written statement set forth in the preceding paragraph , what is specified in each of the following items in accordance with the category of cases set forth in those items must be inspected by the suspect or read to said person for verification, and if said person makes a motion for any addition, removal or alteration, said person's remarks must be entered or recorded in the written statement.:

where the written statement is prepared in writing: the written statement;

where the written statement is prepared as an electronic or magnetic record: what displays the contents of the written statement.

If the suspect affirms that the contents of the written statement are correct, said suspect may be asked to attach a signature and seal to ittake the measure specified in each of the following items in accordance with the category of cases set forth in those items; provided however, that this does not apply when the suspect refuses to do so.:

where the written statement is prepared in writing: affixing a signature and seal to the written statement;

where the written statement is prepared as an electronic or magnetic record: taking, with regard to the written statement, a measure specified by the Rules of Court in place of a signature and seal.

If a judge deems that there exists sufficient probable cause to suspect that the suspect has committed an offense, said judge issues the arrest warrant set forth in the preceding paragraph, upon the request of a public prosecutor or a judicial police officer (in the case of a judicial police officer who is a police official, only a person designated by the National Public Safety Commission or the Prefectural Public Safety Commission and who ranks as equal to or above chief inspector; the same applies in the following paragraph (4) and Article 201-2, paragraph (1)); provided however, that this does not apply if the judge deems that it is clearly not necessary to arrest the suspect.

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

Arrest warrants must contain state or record the name and residence of the suspect, the charged offense, an outline of the alleged facts of the crime, the public office or other place where the suspect is to be brought, the period of validity and a statement that after expiry of the period of validity the arrest warrant may not be executed but must be returnedparticulars specified in each of the following items in accordance with the category of cases set forth in those items, the date of issue, and other particulars as prescribed in the Rules of Court; and the judge must affix their name and seal to it.

where the arrest warrant is in writing: the period of validity and a statement that after expiry of the period of validity the arrest warrant may not be executed but must be returned;

where the arrest warrant is an electronic or magnetic record: the period of validity and a statement that, after expiry of the period of validity, the arrest warrant may not be executed and that a public prosecutor, public prosecutor's assistant officer 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 judge an electronic or magnetic record recording that those measures have been taken.

With regard to arrest warrants, the 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 the arrest warrant is in writing: affixing the name and seal;

where the arrest 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 arrest warrant are displayed on the screen of a computer, in a document or on something else, the name of the judge is also displayed).

The provisions of Article 64, paragraphs (2)(3) and (3)(4) apply mutatis mutandis to the arrest warrant.

If a suspect is arrested To arrest a suspect through an arrest warrant, the arrest warrant must be shown 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 suspect.:

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

where the arrest warrant is an electronic or magnetic record: pursuant to the Rules of Court, displaying the particulars recorded in the arrest warrant and the name of the judge pertaining to the measure under paragraph (2) of the preceding Article (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 provisions of Article 73, paragraph (3) apply mutatis mutandis to cases where the suspect is arrested through an arrest warrant.

A public prosecutor or judicial police officer may, when finding it necessary with regard to the particulars identifying an individual (meaning the name, address and other particulars that would identify the individual; the same applies hereinafter) of the persons set forth in the following items, request a judge, simultaneously with the request under the main clause of Article 199, paragraph (2), to deliverprovide an extract of the arrest warrant that does not contain state or record those particulars identifying an individual or other substitute for the arrest warrant, as what is to be shown to the suspectfor use in the measure under paragraph (3).

When a judge has received a request under the preceding paragraph and issues an arrest warrant pursuant to the provisions of Article 199, paragraph (2), the judge is, at the same time, to deliver, as the document to be shown to the suspectprovide, for use in the measure under the following paragraph, an extract of the arrest warrant stating or recording an outline of the alleged facts of the crime in a manner that does not disclose the particulars identifying an individual pertaining to the request, or other document in lieu of the arrest warrant; provided, however, that this does not apply when it is clear that the person pertaining to the request does not fall under the persons set out in item (i) or (ii) of the preceding paragraph.

When a document in lieu of an arrest warrant has been deliveredprovided pursuant to the provisions of the preceding paragraph, notwithstanding the provisions of paragraph (1) of the preceding Article, the document in lieu of the arrest warrant may be shown measures specified in each of the following items in accordance with the category of cases set forth in those items may be taken with respect to the suspect when arresting the suspect through the arrest warrant.:

where the document in lieu of an arrest warrant is in writing: showing the document in lieu of the arrest warrant;

where the document in lieu of an arrest warrant is an electronic or magnetic record: pursuant to the Rules of Court, displaying the particulars recorded in the document in lieu of the arrest warrant on the screen of a computer, in a document or on something else and showing them.

When a document in lieu of an arrest warrant has been deliveredprovided pursuant to the provisions of paragraph (2), if the document in lieu of the arrest warrant cannot be shown because it is not in the possession of the person arrestingmeasure under the preceding paragraph cannot be taken with respect to the document in lieu of the arrest warrant, and when there is urgency, a suspect may be arrested through the arrest warrant, notwithstanding the provisions of paragraph (1) of the preceding Article and the provisions of Article 73, paragraph (3) as applied mutatis mutandis pursuant to paragraph (2) of that Article, by informing the suspect of an outline of the alleged facts of the crime in a manner that does not disclose those of the particulars identifying an individual stated or recorded in the arrest warrant that are not stated or recorded in the document in lieu of the arrest warrant, and informing the suspect that an arrest warrant has been issued; provided, however, that the document in lieu of the arrest warrant. In this case, the measure under the preceding paragraph must be showntaken as promptly as possible.

When a judicial police officer has arrested a suspect through an arrest warrant or has received a suspect who was arrested through an arrest warrant, said officer must immediately inform the suspect of the outline of the suspected crime and the fact that the suspect may appoint a defense counsel and then, giving the suspect an opportunity for explanation, said officer must immediately release the suspect when believing that it is not necessary to detain the suspect, or must carry out the procedure of referring the suspect together with the documents and articles of evidence, and electronic or magnetic records, to a public prosecutor within 48 hours of the suspect being placed under physical restraint when believing that it is necessary to detain the suspect.

When a public prosecutor, with the suspect present in a penal institution, gives the suspect an opportunity for explanation under the preceding paragraph by means that allows the recognition of each other's presence and communication through the transmission of images and sound, the public prosecutor must notify the suspect in advance that the public prosecutor will give an opportunity for explanation under that paragraph.

The time limit under the preceding paragraph (1) may not exceed 72 hours from the time the suspect is placed under physical restraint.

When a public prosecutor institutes prosecution within the time limit under the preceding two paragraphsparagraph (1) and the preceding paragraph, the public prosecutor is not required to make a request for detention.

When a public prosecutor does not make a request for detention or institute prosecution within the time limits under paragraphs (1) and (2)(3), the public prosecutor must immediately release a suspect.

When a public prosecutor finds it necessary with regard to the particulars identifying an individual of a person set out in Article 201-2, paragraph (1), item (i) or item (ii), the public prosecutor may, at the same time as the request for detention under paragraph (1) of the preceding Article, request a judge to inform the suspect whose detention has been requested of the alleged facts of the crime in a manner that does not disclose those particulars identifying an individual, and to deliver, as the document to be shown to the suspectprovide, for use in the measure for executing the detention warrant, an extract of the detention warrant not stating or recording those particulars identifying an individual, or other document in lieu of the detention warrant.

When a judge has received a request under the preceding paragraph, the judge is, when informing the suspect whose detention has been requested of the alleged facts of the crime, to do so in a manner that does not disclose the particulars identifying an individual pertaining to the request, and, when issuing a detention warrant pursuant to the provisions of the main clause of paragraph (5) of the preceding Article, is to deliverprovide at the same time, as the document to be shown to the suspectfor use in the measure for executing the detention warrant, an extract of the detention warrant stating or recording an outline of the alleged facts of the crime in a manner that does not disclose those particulars identifying an individual, or other document in lieu of the detention warrant; provided, however, that this does not apply when it is clear that the person pertaining to the request does not fall under the persons set out in Article 201-2, paragraph (1), item (i) or item (ii).

When a judge has made the judicial decision under paragraph (1) (limited to one to the effect that part of the particulars identifying an individual pertaining to the measure under paragraph (2) of the preceding Article are to be notified to the suspect), the judge is to promptly deliverprovide to the public prosecutor, as the document to be shown to the suspectfor use in the measure under paragraph (5) (limited to the part pertaining to item (ii)), an extract of the detention warrant stating or recording an outline of the alleged facts of the crime in a manner that does not disclose those particulars identifying an individual (excluding those to be notified by that judicial decision), or other document in lieu of the detention warrant.

To execute the judicial decision under paragraph (1), the detention warrant must be shown to the suspect measure set forth in item (i) or item (ii), respectively, must be taken with respect to the suspect, regarding the detention warrant where that judicial decision has been made with regard to all of the particulars identifying an individual pertaining to the measure under paragraph (2) of the preceding Article, and regarding the document in lieu of the detention warrant under paragraph (3) must be shown to the suspect where that judicial decision has been made with regard to part of those particulars identifying an individual.

where the detention warrant is in writing, showing it, and where the detention warrant is an electronic or magnetic record, pursuant to the Rules of Court, displaying the particulars recorded in the detention warrant and the name of the judge pertaining to the measure taken in place of affixing the name and seal on the detention warrant on the screen of a computer, in a document or on something else and showing them;

where the document in lieu of the detention warrant under paragraph (3) is in writing, showing it, and where the document in lieu of the detention warrant under that paragraph is an electronic or magnetic record, pursuant to the Rules of Court, displaying the particulars recorded in the document in lieu of the detention warrant under that paragraph on the screen of a computer, in a document or on something else and showing them.

In addition to being in writing, the warrant set forth in paragraph (1) may be made as an electronic or magnetic record pursuant to the Rules of Court.

The request for the permission under paragraph (3) must be made by a public prosecutor, a public prosecutor's assistant officer or a judicial police officer when making the request under the preceding paragraph (5).

The warrant set forth in paragraph (1) of the preceding Article must contain state or record the name of the suspect or defendant, the charged offense, the articles to be seized, the place, body or articles to be searched, the electronic or magnetic records to be provided, the person who is to provide them and the method of provision, the place or articles to be inspected, or the person to be inspected and examined and conditions regarding the inspection and examination of a person, the period of validity, a statement to the effect that after the lapse of such period seizure, search or inspection may not be commenced or an order to provide electronic or magnetic records may not be issued, and that the warrant must be returnedparticulars specified in each of the following items in accordance with the category of cases set forth in those items, the date of issue, and other particulars as prescribed in the Rules of Court; and the judge must affix said judge's name and seal to it.

where the warrant is in writing: the period of validity and a statement to the effect that, after expiry of the period of validity, seizure, search or inspection may not be commenced or an order to provide electronic or magnetic records may not be issued, and that the warrant must be returned;

where the 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, seizure, search or inspection may not be commenced or an order to provide electronic or magnetic records may not be issued, and that the measures specified by the Rules of Court, such as erasing the warrant from the computer used by a public prosecutor, public prosecutor's assistant officer or judicial police official, must be taken and an electronic or magnetic record recording that those measures have been taken must be submitted to the judge.

In cases of paragraph (2) of the preceding Article, in addition to the particulars prescribed in the preceding paragraph, the warrant set forth in the preceding Article must containparagraph (1) of that Article must state or record the scope to be copied out of the electronic or magnetic records with regard to the recording medium connected via telecommunication lines to the computer which is to be seized.

With regard to the warrant set forth in paragraph (1) of the preceding Article, the 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 the warrant is in writing: affixing the name and seal;

where the 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 warrant are displayed on the screen of a computer, in a document or on something else, the name of the judge is also displayed).

When granting the permission under paragraph (3) of the preceding Article, the judge must state or record in the warrant set forth in paragraph (1) of that Article to that effect and the period for which non-disclosure is ordered pursuant to that paragraphparagraph (3) of that Article.

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

The provisions of Article 99, paragraph (1), Article 100, Article 102, Articles 103 through 105, Article 110, the first sentence of Article 110-2, the first sentence of Article 111, paragraph (1) and Article 111, paragraph (2), the first sentence of Article 111-2, Article 112, Article 114, Article 115, Article 118, Article 119, Article 120, paragraph (1)paragraphs (1) and (3), Article 121, paragraphs (1) and (2), Article 122, Article 123, paragraphs (1) through (3), and Article 124 apply mutatis mutandis to a seizure or search conducted by a public prosecutor, public prosecutor's assistant officer or judicial police official pursuant to the provisions of Article 218, Article 220 and the preceding Article; the provisions of Article 110 , paragraph (1) apply mutatis mutandis to 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)) issued by a public prosecutor, public prosecutor's assistant officer or judicial police official pursuant to the provisions of Article 218; the provisions of Article 105-2, Article 110, paragraph (1), Article 111, paragraph (3), Article 120, paragraphs (2) and (3) and Article 123-2, paragraph (1) apply mutatis mutandis to an order to provide electronic or magnetic records (limited to an order for provision by the method set forth in (b) of that item) (including having electronic or magnetic records provided under that order to provide electronic or magnetic records) issued by a public prosecutor, public prosecutor's assistant officer or judicial police official pursuant to the provisions of Article 218; and the provisions of Article 110, paragraph (1), the first sentence of Article 111-2, Article 112, Article 114, Article 118, Article 129, Article 131 and Articles 137 through 140 apply mutatis mutandis to an inspection conducted by a public prosecutor, public prosecutor's assistant officer or judicial police official pursuant to the provisions of Article 218 or Article 220, respectively; provided, however, that a judicial police constable may not take the dispositions prescribed in Articles 122 through 124.

Public prosecutors, public prosecutor's assistant officers or judicial police officials may not enter, before sunrise or after sunset, the residence of a person, or premises, building or vessel guarded by a person for the purpose of inspection pursuant to the provisions of Article 218, unless the warrant contains a written or recorded statement that inspection during the night is permitted; provided however, that this does not apply to the places set forth in each item of Article 117.

When a public prosecutor, public prosecutor's assistant officer or judicial police official issues an order to provide electronic or magnetic records pursuant to the provisions of Article 218, if it is necessary for showing the warranttaking the measure pursuant to the provisions of Article 110, paragraph (1) as applied mutatis mutandis in paragraph (1), the official may, with the permission of a judge, enter the residence of a person, or premises, building or vessel guarded by a person.

When granting the permission under paragraph (8), the judge must state or record the place to be entered in the warrant under Article 218, paragraph (1).

When a public prosecutor, public prosecutor's assistant officer or judicial police official issues an order to provide electronic or magnetic records pursuant to the provisions of Article 218 (limited to when the permission under paragraph (8) has been obtained), with regard to showing the warranttaking the measure pursuant to the provisions of Article 110, paragraph (1) as applied mutatis mutandis in paragraph (1), the dispositions set forth in the following items and other necessary dispositions may be taken:

to prohibit any person from entering or leaving the place where the warrant is shownmeasure is taken without the permission of a public prosecutor, public prosecutor's assistant officer or judicial police official;

to cause a person who does not comply with a disposition under this paragraph (limited to the part pertaining to the preceding item) to leave, or to place the person under guard until the showingtaking of the warrantmeasure is completed.

Notwithstanding paragraph (8), before sunrise or after sunset, a public prosecutor, public prosecutor's assistant officer or judicial police official may not enter the residence of a person, or premises, building or vessel guarded by a person for the purpose of showing the warranttaking the measure pursuant to the provisions of Article 110 , paragraph (1) as applied mutatis mutandis in paragraph (1) when issuing an order to provide electronic or magnetic records pursuant to the provisions of Article 218, unless the warrant under Article 218 set forth in Article 218, paragraph (1) (limited to a warrant stating or recording the place to be entered pursuant to the provisions of paragraph (10)) contains a written or recorded statement to the effect that the warrant may be shown during the night; provided, however, that this does not apply to the places set forth in each item of Article 117.

With regard to the application of the provisions of Article 98 as applied mutatis mutandis pursuant to Article 167-2, paragraph (2) as applied mutatis mutandis pursuant to the second sentence of paragraph (2) of the preceding Article in the case where a document in lieu of a detention warrant has been deliveredprovided pursuant to the provisions of Article 207-2, paragraph (2), the phrase "a transcript of the detention warrant" in paragraph (1) of Article 98 is deemed to be replaced with "the document in lieu of the detention warrant under the main clause of Article 207-2, paragraph (2)"; in item (i) of that paragraph, the phrase "the detention warrant is" is deemed to be replaced with "the document in lieu of the detention warrant is", the phrase "a transcript of it" with "the document in lieu of the detention warrant", and the phrase "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))" with "the matters recorded in the document in lieu of the detention warrant"; and in item (ii) of that paragraph, the phrase "the ruling" is deemed to be replaced with "the ruling or the detention warrant for expert examination", and the phrase "a certified copy of it" with "a certified copy of the ruling or the detention warrant for expert examination".

The provisions of Article 168, paragraphs (2) to (4)(6) and (6)(8) apply mutatis mutandis to the permit set forth in the preceding paragraph.

A criminal complaint or an accusation must be filed withmade to a public prosecutor or a judicial police officer in writing or orally, or, as provided by order of the competent ministry, by electronic or magnetic means (meaning means using an electronic data processing system (meaning an electronic data processing system connecting the computer used by a public prosecutor or judicial police officer and the computer used by the person making the complaint or accusation via telecommunication lines) or other means utilizing information and communications technology that are specified by order of the competent ministry).

A criminal complaint or accusation must be made by clarifying the facts of the crime, a statement to the effect that punishment of the offender is sought, and the name and residence of the person making the complaint or accusation or a contact address in lieu of the residence (in the case of a legal person, its name or trade name, the name of its representative and the location of its principal office or head office).

A judicial police officer must, when they have received a criminal complaint or accusation, send the documents and articles of evidence, and electronic or magnetic records, regarding the complaint or the accusation to a public prosecutor promptly.

The provisions of the preceding two Articles apply mutatis mutandis to the withdrawal of a criminal complaint or accusation. In this case, the phrase "the facts of the crime, a statement to the effect that punishment of the offender is sought" in Article 241, paragraph (2) is deemed to be replaced with "particulars sufficient to specify the complaint or accusation to be withdrawn, a statement to the effect that the complaint or accusation is withdrawn".

The provisions of Articles 241 andArticle 241, paragraphs (1) and (3) and Article 242 apply mutatis mutandis to surrender.

Except as otherwise provided in this Code, a judicial police officer must, when said police officer has conducted the investigation of an offense, send the case together with the documents and articles of evidence, and electronic or magnetic records, to a public prosecutor promptly; provided however, that this does not apply to cases which have been specially designated by a public prosecutor.

If an offender is outside Japan or said offender is in hiding, making it impossible to serve a transcript of the charging sheetvalidly effect service pursuant to the provisions of Article 271, paragraph (1) or notify the summary order, the statute of limitations is suspended during the period when the offender is outside Japan or is in hiding.

Provisions are laid down in the Rules of Court for the particulars necessary in proving the absence of the offender from Japan or said offender being in hiding, which made the valid service of the transcript of charging sheetpursuant to the provisions of Article 271, paragraph (1) or notification of the summary order impossible.

The charging sheet must contain the following particulars:

The charged facts must be described with clarified counts. To clarify the counts, the facts constituting the offense must be specified as far as possible by the time, place and method.

The charged offense must be described with applicable penal statutes; provided however, that errors in the enumeration of such statutes do not affect the validity of institution of prosecution as long as there is no fear that they may create any substantial disadvantage to the defense of the defendant.

No documents or other articles which may cause the judge to be prejudiced are to be attached or referred to in the charging sheet.

The provisions of the preceding paragraph do not apply where institution of prosecution is made by the method set forth in Article 54-2, paragraph (1).

Where a public prosecutor considers that the case does not come within the jurisdiction of the court corresponding to the public prosecutor's office, such case must be sent to a public prosecutor of the public prosecutor's office corresponding to the competent court together with the documents and articles of evidence, and electronic or magnetic records.

The request set forth inunder the preceding paragraph must be made by submitting an application to the public prosecutor who made the disposition not to institute prosecution, within 7 days from the day on which the notice set forth in Article 260 was received, in writing or, as provided by Ministry of Justice Order, 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 public prosecutor and the computer used by the person making the request under that paragraph via telecommunication lines) or other means utilizing information and communications technology that are specified by Ministry of Justice Order).

The provisions of Part I, Chapter VI-2 do not apply to the request under paragraph (1).

The public prosecutor may inspect and copy the documents and articles of evidence relating to trials after prosecution has been instituted. In this case, when all or part of the documents or articles of evidence relating to trials 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 may inspect and copy the , after prosecution has been instituted, when documents andor articles of evidence relating to trials after prosecution has been institutedare recorded in the file, inspect and copy them by the electronic or magnetic means prescribed in Article 180-2, paragraph (1). In this case, the provisions of the second sentence of the preceding paragraph apply mutatis mutandis.

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 court must, when prosecution has been instituted, serve a transcript of the charging sheet on the defendant without delay.on the defendant without delay what is specified in each of the following items in accordance with the category of cases set forth in those items:

where prosecution has been instituted by the method set forth in Article 54-2, paragraph (1): an electronic or magnetic record recording the particulars to be stated in the charging sheet recorded in the file (in the case of the proviso to Article 54-4, a document stating the particulars to be stated in the charging sheet recorded on the recording medium referred to in that Article);

where prosecution has been instituted by the submission of a charging sheet: a transcript of the charging sheet.

When the transcript of the charging sheet is not served on the defendantservice pursuant to the provisions of the preceding paragraph is not made within two months after the date of institution of prosecution, the institution of prosecution loses its effect retroactively.

The public prosecutor may, if the public prosecutor finds it necessary with regard to the particulars identifying an individual of any of the following persons that are stated in the charging sheet, request the court to take measures to prevent those particulars identifying an individual from becoming known to the defendant through the service of the transcript of the charging sheet under paragraph (1) of the preceding Article.

A request under the preceding paragraph must be made by submitting to the court, upon the institution of prosecution, together with the charging sheet, an extract of the charging sheet or other document that substitutes for the transcript of the charging sheet, in which the particulars identifying an individual pertaining to the request are not stated, as one to be served on the defendant (hereinafter referred to as the "extract of the charging sheet, etc.").

In the case of the preceding paragraph, with regard to the extract of the charging sheet, etc., the charged facts are deemed to be the charged facts prescribed in Article 256, paragraph (3), and the provisions of that paragraph apply. In this case, the phrase "the facts constituting the offense must be specified as far as possible by the time, place and method" in that paragraph is deemed to be replaced with "the facts constituting the offense must be specified".

When the extract of the charging sheet, etc. has been submitted pursuant to paragraph (2)a request under paragraph (1) has been made, the court must, notwithstanding paragraph (1) of the preceding Article, serve on the extract of the charging sheet, etc. on the defendant without delay. In this case, the phrase "transcript of the charging sheet" in Article 255 and paragraph defendant without delay what is specified in each of the following items in accordance with the category of cases set forth in those items. In this case, the phrase "Article 271, paragraph (1)" in Article 255 is deemed to be replaced with "Article 271-2, paragraph (4)", and the phrase "the preceding paragraph" in paragraph (2) of the preceding Article is deemed to be replaced with "extract of the charging sheet, etc.paragraph (4) of the following Article".

where the request has been made by the method set forth in Article 54-2, paragraph (1): an electronic or magnetic record recording the particulars to be stated in the extract of the charging sheet, etc. recorded in the file (in the case of the proviso to Article 54-4, a document stating the particulars to be stated in the extract of the charging sheet, etc. recorded on the recording medium referred to in that Article);

where the request has been made by the submission of an extract of the charging sheet, etc.: the extract of the charging sheet, etc.

When the public prosecutor submits the extract of the charging sheet, etc. pursuant tomakes a request under paragraph (2)(1) of the preceding Article, if the defendant has defense counsel, the public prosecutor must submit to the court a transcript of the charging sheet to be served on the defense counsel., with respect to the court, take the measure specified in each of the following items in accordance with the category of cases set forth in those items:

where institution of prosecution is made by the method set forth in Article 54-2, paragraph (1): giving notice that an electronic or magnetic record recording the particulars to be stated in the charging sheet recorded in the file is to be served on the defense counsel;

where institution of prosecution is made by the submission of a charging sheet: submitting a transcript of the charging sheet to be served on the defense counsel.

When the transcript of the charging sheet has been submitted pursuant to the preceding paragraphmeasure under the preceding paragraph has been taken, the court must, without delay, serve the transcript of the charging sheet on the defense counsel, subject to the condition that, of the particulars identifying an individual stated in the charging sheet, those not stated in the extract of the charging sheet, etc. not be made known to the defendant.pertaining to the request under paragraph (1) of the preceding Article not be made known to the defendant, what is specified in each of the following items in accordance with the category of cases set forth in those items:

where the measure specified in item (i) of the preceding paragraph has been taken: an electronic or magnetic record recording the particulars to be stated in the charging sheet recorded in the file (in the case of the proviso to Article 54-4, a document stating the particulars to be stated in the charging sheet recorded on the recording medium referred to in that Article);

where the measure specified in item (ii) of the preceding paragraph has been taken: a transcript of the charging sheet.

In the case prescribed in paragraph (1), if the public prosecutor finds that there is a risk that the measures under the preceding paragraph will not prevent the reputation or peaceful social life prescribed in paragraph (1), item (i), (c), (1) or item (ii), (a) of the preceding Article from being seriously harmed, or the acts prescribed in item (i), (c), (2) or item (ii), (b) of that paragraph, the public prosecutor may submit to the court, in lieu of the transcript of the charging sheet, an extract of the charging sheet, etc. to be served on the defense counsel., in lieu of the measure under paragraph (1), take, with respect to the court, the measure specified in each of the following items in accordance with the category of cases set forth in those items:

where the request under paragraph (1) of the preceding Article is made by the method set forth in Article 54-2, paragraph (1): giving notice that an electronic or magnetic record recording the particulars to be stated in the extract of the charging sheet, etc. recorded in the file is to be served on the defense counsel;

where the request under paragraph (1) of the preceding Article is made by the submission of an extract of the charging sheet, etc.: submitting the extract of the charging sheet, etc. to be served on the defense counsel.

When the extract of the charging sheet, etc. has been submitted pursuant to the preceding paragraphmeasure under the preceding paragraph has been taken, the court must, without delay, serve on the extract of the charging sheet, etc. on the defense counsel.defense counsel what is specified in each of the following items in accordance with the category of cases set forth in those items:

where the measure specified in item (i) of the preceding paragraph has been taken: an electronic or magnetic record recording the particulars to be stated in the extract of the charging sheet, etc. recorded in the file (in the case of the proviso to Article 54-4, a document stating the particulars to be stated in the extract of the charging sheet, etc. recorded on the recording medium referred to in that Article);

where the measure specified in item (ii) of the preceding paragraph has been taken: the extract of the charging sheet, etc.