Code of Criminal Procedure

If defense counsel is appointed after the extract of the charging sheet, etc.a request has been submittedmade pursuant to Article 271-2, paragraph (2)(1), the court must promptly notify the public prosecutor to that effect.

When the public prosecutor has received the notice under the preceding paragraph, the public prosecutor must promptly submit to the court a transcript of the charging sheet to be served on the defense counsel.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 institution of prosecution was 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 was 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 Article 271-2, paragraph (1) 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 (2), 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 Article 271-2, paragraph (1), item (i), (c), (1) or item (ii), (a) 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 (2), 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 Article 271-2, paragraph (1) was 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 Article 271-2, paragraph (1) was 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.

The notice pertaining to a ruling under paragraph (1) or paragraph (2) is to be given by the court by means of a document stating or electronic or magnetic record stating or recording the particulars identifying an individual that are to be notified by that ruling; provided, however, that notice by electronic or magnetic record to the defendant may not be given if the defendant objects.

With regard to a case for which a transcript of the charging sheetmeasure has been submittedtaken pursuant to Article 271-3, paragraph (1) or Article 271-4, paragraph (2), if the court finds that, among the particulars identifying an individual stated in the charging sheet, those not stated in the extract of the charging sheet, etc. pertaining to the request under Article 271-2, paragraph (1) (excluding those that are to be notified by a ruling under paragraph (1) of the preceding Article; hereinafter the same applies in this Article and Article 271-8, paragraph (1)) are those of a person set forth in Article 271-2, paragraph (1), item (i) or item (ii), then, after hearing the opinions of the public prosecutor and the defense counsel, if it finds it appropriate, it may, when the defense counsel inspects or copies documents or articles of evidence relating to trials pursuant to Article 40, paragraph (1) or Article 40-2, paragraph (1), set a condition that the defense counsel must not make those particulars identifying an individual stated or recorded therein known to the defendant, or designate the time or method of making them known to the defendant; provided, however, that this does not apply when it becomes impossible to confirm whether or not the person pertaining to those particulars identifying an individual has an interest in the defendant or other persons concerned, which may contribute to the determination of the probative value of that person's statement, or when it is otherwise likely to substantially harm the defense of the defendant.

With regard to a case for which the extract of the charging sheet, etc.a measure has been submittedtaken pursuant to Article 271-3, paragraph (3) or Article 271-4, paragraph (4), if the court finds that, among the particulars identifying an individual stated in the charging sheet, those not stated in the extract of the charging sheet, etc. pertaining to the request under Article 271-2, paragraph (1) are those of a person set forth in Article 271-2, paragraph (1), item (i) or item (ii) of that paragraph, then, after hearing the opinions of the public prosecutor and the defense counsel, if it finds it appropriate, it may, when the defense counsel inspects or copies documents or articles of evidence relating to trials pursuant to Article 40, paragraph (1) or Article 40-2, paragraph (1), prohibit the inspection or copying of the part of them in which those particulars identifying an individual are stated or recorded, or set a condition that the defense counsel must not make those particulars identifying an individual known to the defendant, or designate the time or method of making them known to the defendant; provided, however, that this does not apply when it becomes impossible to confirm whether or not the person pertaining to those particulars identifying an individual has an interest in the defendant or other persons concerned, which may contribute to the determination of the probative value of that person's statement, or when it is otherwise likely to substantially harm the defense of the defendant.

With regard to a case prescribed in the main clause of paragraph (1), if the court finds that, among the particulars identifying an individual stated in the charging sheet, those not stated in the extract of the charging sheet, etc. pertaining to the request under Article 271-2, paragraph (1) are those of a person set forth in Article 271-2, paragraph (1), item (i) or item (ii) of that paragraph, and if a request set forth in one of the following items has been made by the defense counsel under Article 46, then, after hearing the opinions of the public prosecutor and the defense counsel, if it finds it appropriate, it may, when delivering to the defense counsel a transcript or extract of the written decision or the trial record in which the judicial decision is recorded, set a condition that the defense counsel must not make those particulars identifying an individual stated therein known to the defendant, or designate the time or method of making them known to the defendant take the measure specified in the relevant item; provided, however, that this does not apply when it becomes impossible to confirm whether or not the person pertaining to those particulars identifying an individual has an interest in the defendant or other persons concerned, which may contribute to the determination of the probative value of that person's statement, or when it is otherwise likely to substantially harm the defense of the defendant.

a request under Article 46, paragraph (1): when delivering to the defense counsel a transcript or extract of the written decision or the trial record in which the judicial decision is recorded, setting a condition that the defense counsel must not make those particulars identifying an individual stated therein known to the defendant, or designating the time or method of making them known to the defendant;

a request under Article 46, paragraph (2): when providing to the defense counsel the document or electronic or magnetic record prescribed in that paragraph, setting a condition that the defense counsel must not make those particulars identifying an individual stated or recorded therein known to the defendant, or designating the time or method of making them known to the defendant.

With regard to a case prescribed in the main clause of paragraph (2), if the court finds that, among the particulars identifying an individual stated in the charging sheet, those not stated in the extract of the charging sheet, etc. pertaining to the request under Article 271-2, paragraph (1) are those of a person set forth in Article 271-2, paragraph (1), item (i) or item (ii) of that paragraph, and if a request set forth in one of the following items has been made by the defense counsel under Article 46, then, after hearing the opinions of the public prosecutor and the defense counsel, if it finds it appropriate, it may deliver an extract of the written decision or the trial record in which the judicial decision is recorded, in which those particulars identifying an individual are not stated, or, when delivering to the defense counsel a transcript or extract of the written decision or the trial record in which the judicial decision is recorded, set a condition that the defense counsel must not make those particulars identifying an individual known to the defendant, or designate the time or method of making them known to the defendanttake the measure specified in the relevant item; provided, however, that this does not apply when it becomes impossible to confirm whether or not the person pertaining to those particulars identifying an individual has an interest in the defendant or other persons concerned, which may contribute to the determination of the probative value of that person's statement, or when it is otherwise likely to substantially harm the defense of the defendant.

a request under Article 46, paragraph (1): either of the measures set forth in (a) or (b):

delivering an extract of the written decision or the trial record in which the judicial decision is recorded, in which those particulars identifying an individual are not stated;

taking the measure specified in item (i) of the preceding paragraph;

a request under Article 46, paragraph (2): either of the measures set forth in (a) or (b):

providing a document or electronic or magnetic record in which part of the particulars recorded in the written decision or record prescribed in Article 46, paragraph (2) is written or recorded (limited to one in which those particulars identifying an individual are not stated or recorded), and for which it has been certified that its contents are identical to the particulars recorded in that written decision or record;

taking the measure specified in item (ii) of the preceding paragraph.

With regard to a case for which the extract of the charging sheet, etc.a request has been submittedmade pursuant to Article 271-2, paragraph (2)(1), if the court finds that, among the particulars identifying an individual stated in the charging sheet, those not stated in the extract of the charging sheet, etc.pertaining to the request are those of a person set forth in paragraph (1), item (i) or item (ii) of that Articleparagraph, and if a request has been made under Article 46 set forth in the following items has been made by the defendant or other persons concerned in the case (excluding the public prosecutor and the defense counsel), then, after hearing the opinions of the public prosecutor and the defendant or other persons concerned in the case who made the request, if it finds it appropriate, it may deliver an extract of the written decision or the trial record in which the judicial decision is recorded, in which those particulars identifying an individual are not statedtake the measure prescribed in the relevant item; provided, however, that this does not apply when it becomes impossible to confirm whether or not the person pertaining to those particulars identifying an individual has an interest in the defendant or other persons concerned, which may contribute to the determination of the probative value of that person's statement, or when it is otherwise likely to substantially harm the defense of the defendant.

A request under Article 46, paragraph (1): taking the measure set forth in item (i), (a) of the preceding paragraph;

A request under Article 46, paragraph (2): taking the measure set forth in item (ii), (a) of the preceding paragraph.

With regard to a case prescribed in the main clause of the preceding paragraph, if the court finds that, among the particulars identifying an individual stated in the charging sheet, those not stated in the extract of the charging sheet, etc. pertaining to the request under Article 271-2, paragraph (1) are those of a person set forth in Article 271-2, paragraph (1), item (i) or item (ii) of that paragraph, then, after hearing the opinions of the public prosecutor and the defendant, if it finds it appropriate, it may, when the defendant inspects the trial records what displays the contents of the trial records, views and listens to what reproduces their contents, or requests that they their contents be read aloud pursuant to Article 49, prohibit the inspection of, or the viewing and listening to, the part of them in which those particulars identifying an individual are stated or recorded, or refuse the request that that part be read aloud; provided, however, that this does not apply when it becomes impossible to confirm whether or not the person pertaining to those particulars identifying an individual has an interest in the defendant or other persons concerned, which may contribute to the determination of the probative value of that person's statement, or when it is otherwise likely to substantially harm the defense of the defendant.

The court (in the case of items (i) and (iv), including the presiding judge and the judgesmembers of the panel; in the case of items (ii) and (iii), including the judge under Article 66, paragraph (4), and the presiding judge and the judgesmembers of the panel; and in the case of item (v), meaning the judge) may, with regard to a case for which the extract of the charging sheet, etc.a request has been submittedmade pursuant to Article 271-2, paragraph (2)(1), if it finds that, among the particulars identifying an individual stated in the charging sheet, those not stated in the extract of the charging sheet, etc.pertaining to the request are those of a person set forth in paragraph (1), item (i) or item (ii) of that Articleparagraph, and finds it appropriate, take the following measures:

giving notice of the case charged under Article 61, paragraph (1) by a method that does not disclose those particulars identifying an individual;

when issuing a subpoena or detention warrant, deliveringproviding at the same time, as the document to be shown to the defendantused in the measures for executing them, an extract of the subpoena stating or recording an outline of the facts of the charges by a method that does not disclose those particulars identifying an individual, or other substitute for the subpoena, or an extract of the detention warrant or other substitute for the detention warrant;

With regard to the application of Article 73, paragraphs (1) and (3) where a substitute for the subpoena has been deliveredprovided pursuant to paragraph (1) the preceding paragraph (limited to the part pertaining to item (ii)), the phrase "saidthe subpoena" in the first sentence of paragraph (1)paragraph (1), items (i) and (ii) of that Article, and the phrase "thea subpoena or detention warrant" in paragraph (3) of that Article, and the phrase "the warrant" in the proviso of that paragraph are deemed to be replaced with "the substitute for the subpoena prescribed in Article 271-8, paragraph (1), item (ii)" are deemed to be replaced with "the substitute for the subpoena prescribed in Article 271-8, paragraph (1), item (ii)", the phrase "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))" in paragraph (1), item (ii) of that Article is deemed to be replaced with "matters recorded in the subpoena", and the phrase "an outline of the facts of the charges to the defendant and" in that paragraphparagraph (3) of that Article is deemed to be replaced with "an outline of the facts of the charges to the defendant by a method that does not disclose those particulars identifying an individual stated or recorded in the subpoena that are not stated or recorded in the substitute for the subpoena prescribed in Article 271-8, paragraph (1), item (ii), and".

With regard to the application of Article 73, paragraphs (2) and (3) where a substitute for the detention warrant has been deliveredprovided pursuant to paragraph (1) (limited to the part pertaining to item (ii)), the phrase "said the detention warrant" in paragraph (2) , items (i) and (ii) of that Article, and the phrase "thea subpoena or detention warrant" in paragraph (3) of that Article, and the phrase "the are deemed to be replaced with "the substitute for the detention warrant prescribed in Article 271-8, paragraph (1), item (ii)", the phrase "matters recorded in the detention warrant" in and the proviso of that paragraph are deemed to be replaced with "the substitute for the detention warrant prescribed in Article 271-8,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))" in paragraph (1)(2), item (ii)" of that Article is deemed to be replaced with "matters recorded in the detention warrant", and the phrase "an outline of the facts of the charges to the defendant and" in that paragraphparagraph (3) of that Article is deemed to be replaced with "an outline of the facts of the charges to the defendant by a method that does not disclose those particulars identifying an individual stated or recorded in the detention warrant that are not stated or recorded in the substitute for the detention warrant prescribed in Article 271-8, paragraph (1), item (ii), and".

The presiding judge or a judgemember of the panel may, where a substitute for the detention warrant has been deliveredprovided pursuant to paragraph (1) (limited to the part pertaining to item (ii)) or where a substitute for the detention warrant has been deliveredprovided pursuant to Article 207-2, paragraph (2), if the presiding judge or that judgemember finds that, among the particulars identifying an individual stated or recorded in the detention warrant, those not stated or recorded in those substitutes for the detention warrant (excluding those that are to be notified by a ruling under Article 271-5, paragraph (1) or a judicial decision under Article 207-3, paragraph (1)) are those of a person set forth in Article 271-2, paragraph (1), item (i) or item (ii), and, after hearing the opinions of the public prosecutor and the defense counsel, finds it appropriate, state the case charged, when disclosing the grounds for detention, by a method that does not disclose those particulars identifying an individual.

With regard to the application of Article 98 where a substitute for the detention warrant has been deliveredprovided pursuant to paragraph (1) (limited to the part pertaining to item (ii)) or where a substitute for the detention warrant has been deliveredprovided pursuant to Article 207-2, paragraph (2), the phrase "a transcript of the defendant, the measure set forth in item (i) for the detention warrant" in Article 98, paragraph (1) is deemed to be replaced with "the defendant, the measure set forth in item (i) for the substitute for the detention warrant prescribed in Article 271-8, paragraph (1), item (ii) or the substitute for the detention warrant prescribed in 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 "those substitutes for the detention warrant are" and the phrase "a transcript of it" with "those substitutes for 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))" in that item is deemed to be replaced with "the matters recorded in those substitutes for the detention warrant".

The provisions of the preceding paragraph apply mutatis mutandis to the application of the provisions of Article 98 as applied mutatis mutandis pursuant to Article 167-2, paragraph (2), in the case prescribed in that paragraph, where a substitute for the detention warrant has been deliveredprovided pursuant to paragraph (1) (limited to the part pertaining to item (ii)) or where a substitute for the detention warrant has been deliveredprovided pursuant to Article 207-2, paragraph (2).

When the defendant is present at the examination of a witness on a day other than the trial date and the court finds that the witness feels pressure and is unable to give sufficient testimony in the presence of the defendant (including cases when the measures provided in Article 157-5, paragraph (1) are taken or the means provided in Article 157-6, paragraph (1) or (2)and cases when means that allows the recognition of each other's presence and communication through the transmission of images and sound is used), the court may have the defendant leave the courtroom during the testimony of the witness, after hearing the opinions of the public prosecutor and the defense counsel, only when the defense counsel is present. In this case, after the witness has testified, the court must notify the defendant of an outline of the testimony and give the defendant an opportunity to examine the witness.

When the court conducts proceedings on a trial date, in any of the following cases, if, taking into consideration the status of the proceedings, the number of defense counsel, the gravity of the case and other circumstances, there are unavoidable grounds, there is no risk of substantially harming 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 at a place that it finds suitable among places located elsewhere than in the same premises (meaning the same premises as the place where the judges and persons concerned in the case are present to conduct the proceedings on the trial date; the same applies hereinafter in this paragraph and Article 316-34, paragraph (5)), such as a place within the premises of another court, and conduct the proceedings by means that allows the recognition of each other's presence and communication through the transmission of images and sound; provided, however, that this does not apply when conducting proceedings on a trial date on which a judgment is to be pronounced where a defendant against whom prosecution has been instituted for a crime punishable by imprisonment or a heavier sentence has been granted bail or suspension of execution of detention.

when it finds that there is a risk that, in the course of the travel accompanying appearance at the same premises, an act will be committed of causing harm to the body of the defendant or of seizing or releasing 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 injury, illness, or mental or physical disability.

When proceedings on a trial date are conducted pursuant to the preceding paragraph, the defendant who is present at the place that the court finds suitable under that paragraph is deemed to have appeared on that trial date.

Defense counsel may be present at the place where the defendant is present when the court conducts proceedings on a trial date pursuant to Article 286-3, paragraph (1). In this case, defense counsel who is present at that place is deemed to have appeared on that trial date.

In the following cases, when a witness, an expert witness, an interpreter, a translator or a person who has made a statement in recorded statement documents (meaning written statements, statements recorded and taken down in writing with (including electronic or magnetic records; the same applies in Article 321, paragraph (1) and Article 322, paragraph (1)), statements recorded and taken down in a document or electronic or magnetic record that bears the signature or seal of the person making the statements, or recording media capable of recording images or sound on which statements have been recordedfor which a measure prescribed by the Rules of Court in place of the signature or seal of the person making the statements has been taken, or electronic or magnetic records in which statements have been recorded by means of audio or video recording; the same applies hereinafter) (hereinafter referred to as the "witness or the like" in this paragraph) makes a request and a court finds it appropriate after hearing the opinions of the public prosecutor and the defendant or the defense counsel, the court may render a ruling to the effect that particulars identifying the witness or the like (meaning the name and address of or other particulars which will identify the witness or the like; the same applies hereinafter) should not be disclosed in an open court:

A public prosecutor must first read a charging sheet aloudaloud, in accordance with the category of cases set forth in the following items, what is specified in the relevant item.

Where prosecution is instituted by the method under Article 54-2, paragraph (1): the matters to be stated in the charging sheet that are recorded in the file (in the case of the proviso to Article 54-4, the recording medium prescribed in that Article);

Where prosecution is instituted by submitting the charging sheet: the charging sheet.

When a ruling is rendered under Article 290-2, paragraph (1) or paragraph (3), a public prosecutor shall read a charging sheetthe reading aloud under the preceding paragraph shall be conducted by a method whereby particulars identifying the victim are not disclosed. In this case, the public prosecutor must show the charging sheet to the defendanttake, 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.

Where prosecution is instituted by the method under Article 54-2, paragraph (1): showing, as prescribed by the Rules of Court, what is specified in item (i) of the preceding paragraph by displaying it on the screen of a computer, on paper or on anything else;

Where prosecution is instituted by submitting the charging sheet: showing the charging sheet.

The preceding paragraph also applies to the reading of a charging sheet under paragraph (1), when a ruling is rendered under paragraph (1) of the preceding Article. In this case, the term "particulars identifying the victim" in the samepreceding paragraph is replaced with "particulars identifying the witness or the like."

Where measures have been taken under Article 271-2, paragraph (4), the provisions of the second sentence of paragraph (2) (including the case where it is to be treated in the same way as the second sentence of paragraph (2) pursuant to the first sentence of the preceding paragraph; hereinafter the same applies in this paragraph) apply only where a ruling under Article 271-5, paragraph (1) has been made as to all or part of the particulars identifying an individual pertaining to those measures. In this case, the phrase "the charging sheet" in the second sentence of paragraph (2) is deemed to be replaced with "in the case where a ruling under Article 271-5, paragraph (1) has been made as to all of the particulars identifying an individual pertaining to the measures under Article 271-2, paragraph (4), the charging sheet, and in the case where that ruling has been made as to part of the particulars identifying an individual pertaining to the measures under Article 271-2, paragraph (4), the extract of the charging sheet, etc. and the document prescribed in Article 271-5, paragraph (4)") do not apply, except where a ruling under Article 271-5, paragraph (1) has been made as to all of the particulars identifying an individual pertaining to those measures.

Where a ruling under Article 290-2, paragraph (1) or paragraph (3) or under paragraph (1) of the preceding Article has been made and measures have been taken under Article 271-2, paragraph (4), if a ruling under Article 271-5, paragraph (1) has been made as to part of the particulars identifying an individual pertaining to those measures, the public prosecutor must, with respect to the defendant, take the measure specified in the relevant item in accordance with the category of cases set forth in the following items, and also show, as prescribed by the Rules of Court, the content of the electronic or magnetic record prescribed in paragraph (4) of that Article by displaying it on the screen of a computer, on paper or on anything else, or show the document prescribed in that paragraph.

Where a request under Article 271-2, paragraph (1) is made by the method under Article 54-2, paragraph (1): showing, as prescribed by the Rules of Court, the matters to be stated in the extract of the charging sheet, etc. that are recorded in the file (in the case of the proviso to Article 54-4, the recording medium prescribed in that Article) by displaying them on the screen of a computer, on paper or on anything else;

Where a request under Article 271-2, paragraph (1) is made by submitting the extract of the charging sheet, etc.: showing the extract of the charging sheet, etc.

After a charging sheet has been readthe reading aloud under paragraph (1) has ended, the presiding judge must notify the defendant that the defendant may remain silent at all times or refuse to answer individual questions, and of other necessary matters provided in the Rules of Court to protect the rights of the defendant, and then give the defendant and the defense counsel an opportunity to make a statement concerning the case under public prosecution.

When the defendant enters a guilty plea for a count stated in the charging sheet during the proceedings under paragraph (5)(6) of the preceding Article, a court may, upon hearing the opinions of the public prosecutor, the defendant and the defense counsel, render a ruling to try the case by a summary criminal trial only with regard to the counts for which the defendant enters a guilty plea; provided, however, that this does not apply to cases punishable by the death penalty, life imprisonment, or imprisonment whose minimum term is one year or more.

The court may, when it deems it inappropriate, considering the state of the proceedings and other circumstances, have the victim or others, or the legal representative of such victim submit written opinions in lieu of oral statements, or prohibit the stating of opinionswriting in lieu of the statement under paragraph (1), or prohibit the making of the statement under that paragraph.

When a document has been submitted under the provisions of the preceding paragraphIn the cases set forth in the following items, the presiding judge must make this clear on the trial date that the opinion has been submitted. In this case, the presiding judge may, when said judge finds it appropriate, read out the documentwhat is specified in the relevant item or give an outline thereof.

Where the submission of an opinion under the preceding paragraph has been made in writing: that document;

Where the submission of an opinion under the preceding paragraph has been made by the method under Article 54-2, paragraph (1): that opinion recorded in the file (in the case of the proviso to Article 54-4, the recording medium prescribed in that Article).

The statement pursuant to the provisions of paragraph (1) or the documentopinion submitted pursuant to the provisions of paragraph (7) may not be used as evidence for fact finding of the crime.

When requesting examination of a witness, expert witness, interpreter or translator, the public prosecutor, the defendant or the defense counsel must give the opponent an opportunity to learn of the name and address of that person in advance. When requesting examination of documentary or evidence (including electronic or magnetic records; the same applies hereinafter except in Article 305) or material evidence, the public prosecutor, the defendant or the defense counsel must give the opponent an opportunity to inspect the evidence (where all or part of the documentary or material evidence is an electronic or magnetic record, with regard to that electronic or magnetic record, an opportunity to inspect what displays its contents or to view and listen to what reproduces its contents; the same applies in the following Article, Article 299-3 and Article 299-4, paragraphs (6) through (9)) in advance; provided however, that this does not apply when the opponent has no objection.

When the court rules to examine evidence ex officio, it must hear the opinion of the public prosecutor and the defendant or the defense counsel.

When providing the opportunity to learn of the name and address of a witness, or the opportunity to inspect documentary evidence or articles of evidence, pursuant to the provisions of Article 299, paragraph (1), if it is deemed that there is the risk that the reputation or the peaceful social life of the victim or others will be seriously harmed or the risk of physical or property harm, threat or confusion to the victim or victim's relatives through particulars identifying the victim being disclosed, the public prosecutor may notify the defense counsel to such effect and request that such particulars not be disclosed to the defendant or other persons, unless the particulars identifying the victim are necessary for the defense of the defendant; provided however, that, except where the extract of the charging sheet, etc.a request has been submittedmade pursuant to Article 271-2, paragraph (2)(1), when requesting that the particulars not be disclosed to the defendant, of the particulars identifying the victim, these particulars are limited to those other than the particulars given in the charging sheet.

Where the opportunity to learn of the name and address of a witness is to be given pursuant to Article 299, paragraph (1), the same applies as in the preceding paragraph also if the extract of the charging sheet, etc.a request has been submittedmade pursuant to Article 271-2, paragraph (2), or the extract of the written request for alteration of counts, etc. (meaning the extract of the written request for alteration of counts, etc. prescribed in Article 312-2, paragraph (2); hereinafter the same applies in this Article and Article 299-5, paragraph (2), item (i)) has been submitted(1) or a request has been made pursuant to Article 312-2, paragraph (2)(1) (excluding the case where a ruling dismissing the request under Article 312, paragraph (1) has been made; the same applies in paragraph (7)), and it is found that the name or address falls under the particulars identifying an individual stated in the charging sheet that are not stated in the extract of the charging sheet, etc., or the particulars identifying an individual stated in the written request for alteration of counts, etc. (meaning the written request for alteration of counts, etc. prescribed inpertaining to a request under Article 312271-2, paragraph (4); hereinafter the same applies in this Article and(1) or Article 299-5312-2, paragraph (2), item (i)) that are not stated in the extract of the written request for alteration of counts, etc. (in either case (1) (excluding those that are to be notified by a ruling under Article 271-5, paragraph (1) (including the case where it is applied mutatis mutandis with the terms replaced pursuant to Article 312-2, paragraph (4)); the same applies in paragraph (7) and Article 299-5, paragraph (2), item (i)), and it is found to be those of a person set forth in Article 271-2, paragraph (1), item (i) or item (ii). In this case, the phrase "the witness, expert witness, interpreter or translator" in the proviso of the preceding paragraph is deemed to be replaced with "the witness".

Where the opportunity to learn of the name and address of a witness is to be given pursuant to Article 299, paragraph (1), the same applies as in the preceding paragraph also if the extract of the charging sheet, etc. or the extract of the written request for alteration of counts, etc. has been submittedmeasures have been taken pursuant to Article 271-3, paragraph (3) or Article 271-4, paragraph (4) (including the case where these provisions are applied mutatis mutandis pursuant to Article 312-2, paragraph (4); the same applies in paragraph (9)) (excluding the case where a ruling dismissing the request under Article 312, paragraph (1) has been made; the same applies in paragraph (9)), and it is found that the name or address falls under the particulars identifying an individual stated in the charging sheet that are not stated in the extract of the charging sheet, etc., or the particulars identifying an individual stated in the written request for alteration of counts, etc. that are not stated in the extract of the written request for alteration of counts, etc. (in either case pertaining to a request under Article 271-2, paragraph (1) or Article 312-2, paragraph (1) (excluding those that are to be notified by a ruling under Article 271-5, paragraph (1) or (2) (including the case where these provisions are applied mutatis mutandis pursuant to Article 312-2, paragraph (4)); the same applies in paragraph (9)), and it is found to be those of a person set forth in Article 271-2, paragraph (1), item (i) or item (ii). In this case, the phrase "the witness, expert witness, interpreter or translator has an interest in the defendant or other persons concerned, which may contribute to the determination of the probative value of that person's statement" in the preceding paragraph is deemed to be replaced with "the witness has an interest in the defendant or other persons concerned, which may contribute to the determination of the probative value of the testimony of the witness", and the phrase "the name or address of a witness, an expert witness, an interpreter or a translator" in that paragraph with "that name or address".

Where the opportunity to inspect documentary evidence or articles of evidence is to be given pursuant to Article 299, paragraph (1), the same applies as in the preceding paragraph also if the extract of the charging sheet, etc.a request has been submittedmade pursuant to Article 271-2, paragraph (2), or the extract of the written request for alteration of counts, etc. has been submitted(1) or a request has been made pursuant to Article 312-2, paragraph (2)(1), and it is found that the particulars identifying an individual stated in the charging sheet that are not stated in the extract of the charging sheet, etc., or the particulars identifying an individual stated in the written request for alteration of counts, etc. that are not stated in the extract of the written request for alteration of counts, etc.pertaining to a request under Article 271-2, paragraph (1) or Article 312-2, paragraph (1) are those of a person set forth in Article 271-2, paragraph (1), item (i) or item (ii). In this case, the phrase "the name or address of that witness, etc. requested by the public prosecutor" in the preceding paragraph is deemed to be replaced with "those particulars identifying an individual that are included or recorded in them", and the phrase "that witness, etc. requested by the public prosecutor" in the proviso of that paragraph with "the witness pertaining to those particulars identifying an individual".

Where the opportunity to inspect documentary evidence or articles of evidence is to be given pursuant to Article 299, paragraph (1), the same applies as in the preceding paragraph also if the extract of the charging sheet, etc. or the extract of the written request for alteration of counts, etc. has been submittedmeasures have been taken pursuant to Article 271-3, paragraph (3) or Article 271-4, paragraph (4), and it is found that the particulars identifying an individual stated in the charging sheet that are not stated in the extract of the charging sheet, etc., or the particulars identifying an individual stated in the written request for alteration of counts, etc. that are not stated in the extract of the written request for alteration of counts, etc.pertaining to a request under Article 271-2, paragraph (1) or Article 312-2, paragraph (1) are those of a person set forth in Article 271-2, paragraph (1), item (i) or item (ii). In this case, the phrase "that witness, etc. requested by the public prosecutor has an interest in the defendant or other persons concerned, which may contribute to the determination of the probative value of that person's statement" in the preceding paragraph is deemed to be replaced with "the witness pertaining to those particulars identifying an individual has an interest in the defendant or other persons concerned, which may contribute to the determination of the probative value of the testimony of that witness", and the phrase "the name or address of that witness, etc. requested by the public prosecutor" in that paragraph with "those particulars identifying an individual".

when the name or address, or the particulars identifying an individual, pertaining to the measures do not fall under the particulars identifying an individual stated in the charging sheet that are not stated in the extract of the charging sheet, etc., or the particulars identifying an individual stated in the written request for alteration of counts, etc. that are not stated in the extract of the written request for alteration of counts, etc.pertaining to a request under Article 271-2, paragraph (1) or Article 312-2, paragraph (1) (excluding those pertaining to a request under Article 312, paragraph (1) where a ruling dismissing that request has been made);