Code of Criminal Procedure

If a court finds that the body or property of any person pertaining to the measures taken by a public prosecutor pursuant to the provisions of Article 299-4, paragraph (1) or (6) or those taken by the court pursuant to the provisions of paragraph (3) of the preceding Article, or the person's relative is likely to be harmed, or either of these persons is likely to be threatened or confused, and also finds it appropriate after hearing the opinions of the public prosecutor and the defendant's defense counsel, the court may set a condition that the defense counsel must not notify the defendant of the name or address of the person pertaining to those measures, which is included or recorded in documents or articles of evidence relating to the trial, or designate the time or method of notification to the defendant, when the defense counsel inspects or copies these documents or articles pursuant to the provisions of Article 40, paragraph (1) or Article 40-2, paragraph (1); provided, however, that this does not apply when the condition or designation makes it impossible to confirm whether or not the person pertaining to those measures 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 otherwise is likely to substantially harm the defense of the defendant.

If a court finds that the body or property of any person pertaining to the measures taken by a public prosecutor pursuant to the provisions of Article 299-4, paragraph (3) or (8) or the person's relative is likely to be harmed, or either of these persons is likely to be threatened or confused, and also finds it appropriate after hearing the opinions of the public prosecutor and the defendant's defense counsel, the court may, when the defense counsel inspects or copies documents or articles of evidence relating to the trial pursuant to the provisions of Article 40, paragraph (1) or Article 40-2, paragraph (1), prohibit the defense counsel from inspecting or copying the part of these documents or articles, in which the name or address of the person pertaining to those measures is included or recorded, or set a condition that the defense counsel must not notify the defendant of that name or address or designate the time or method of notification to the defendant; provided, however, that this does not apply when the prohibition, condition or designation makes it impossible to confirm whether or not the person pertaining to those measures 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 otherwise is likely to substantially harm the defense of the defendant.

If a court finds that the body or property of any person pertaining to the measures taken by a public prosecutor pursuant to the provisions of Article 299-4, paragraph (1) or (6) or those taken by the court pursuant to the provisions of paragraph (3) of the preceding Article, or the person's relative (hereinafter referred to as the "person subject to measures" in this paragraph), or a relative of the person subject to measures, is likely to be harmed, or either of these persons is likely to be threatened or confused, and a request under the provisions of Article 46 set forth in one of the following items has been made by the defense counsel, and also finds it appropriate after hearing the opinions of the public prosecutor and the defense counsel, the court may, when delivering to the defense counsel a transcript or an 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 notify the defendant of the name or address of the person pertaining to those measures, which is stated in them, or designate the time or method of notification to the defendant take the measure specified in the relevant item; provided, however, that this does not apply when the condition or designation makes it impossible to confirm whether or not the person pertaining to thosesubject to measures 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 otherwise is 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 an 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 notify the defendant of the name or address of the person subject to measures, which is stated in them, or designating the time or method of notification 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 notify the defendant of the name or address of the person subject to measures, which is stated or recorded in them, or designating the time or method of notification to the defendant.

If a court finds that the body or property of any person pertaining to the measures taken by a public prosecutor pursuant to the provisions of Article 299-4, paragraph (3) or (8) or the person's relative (hereinafter in this paragraph referred to as the "person subject to measures") or a relative of the person subject to measures is likely to be harmed, or either of these persons is likely to be threatened or confused, and a request under the provisions of Article 46 set forth in one of the following items has been made by the defense counsel, and also finds it appropriate after hearing the opinions of the public prosecutor and the defense counsel, the court may deliver an extract of the written decision or the trial record in which the judicial decision is recorded that does not state the name or address of the person pertaining to those measures, or, when delivering to the defense counsel a transcript or an extract of the written decision or that record, set a condition that the defense counsel must not notify the defendant of that name or address, or designate the time or method of notification to the defendant; provided, however, that this does not apply when the delivery of that extract, the condition or the designationtake the measure specified in the relevant item; provided, however, that this does not apply when the measure makes it impossible to confirm whether or not the person pertaining to thosesubject to measures 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 otherwise is 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 that does not state the name or address of the person subject to measures;

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 that does not state or record the name or address of the person subject to measures), 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.

If a court finds that the body or property of any person pertaining to the measures taken by a public prosecutor pursuant to the provisions of Article 299-4, paragraph (1), (3), (6) or (8) or those taken by the court pursuant to the provisions of paragraph (3) of the preceding Article, or the person's relative (hereinafter in this paragraph referred to as the "person subject to measures") or a relative of the person subject to measures is likely to be harmed, or either of these persons is likely to be threatened or confused, and a request under the provisions of Article 46 set forth in one of the following items has been made by the defendant or any other person concerned in a case (excluding the public prosecutor and the defense counsel), and also finds it appropriate after hearing the opinions of the public prosecutor and the defendant or other person concerned in the case who made the request, the court may deliver an extract of the written decision or the trial record in which the judicial decision is recorded that does not state the name or address of the person pertaining to those measurestake the measure specified in the relevant item; provided, however, that this does not apply when it makes it impossible to confirm whether or not the person pertaining to thosesubject to measures 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 otherwise is 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.

If a court finds that the body or property of any person pertaining to the measures taken by a public prosecutor pursuant to the provisions of Article 299-4, paragraph (1), (3), (6) or (8) or those taken by the court pursuant to the provisions of paragraph (3) of the preceding Article, or the person's relative (hereinafter in this paragraph referred to as the "person subject to measures") or a relative of the person subject to measures is likely to be harmed, or either of these persons is likely to be threatened or confused, and also finds it appropriate after hearing the opinions of the public prosecutor and the defendant, the court may, when the defendant inspects the trial records or requests the trial records to what displays the contents of the trial records or views and listens to what reproduces their contents, or requests that their contents be read aloud, pursuant to the provisions of Article 49, prohibit the defendant from inspecting or viewing and listening to the part of these records, in which the name or address of the person pertaining to those subject to measures is included or recorded, or refuse the request for reading of that part; provided, however, that this does not apply when the prohibition or refusal makes it impossible to confirm whether or not the person pertaining to thosesubject to measures 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 otherwise is likely to substantially harm the defense of the defendant.

The public prosecutor must request the examination of documents or electronic or magnetic records admissible pursuant to the provisions of the latter part of Article 321, paragraph (1), item (ii).

With regard to the following cases, when a public prosecutor requests the examination of a document or electronic or magnetic record that may be used as evidence pursuant to the provisions of Article 322, paragraph (1), has been prepared in conducting an interrogation pursuant to the provisions of Article 198, paragraph (1) (limited to the interrogation of the suspect under arrest or detention; the same applies in paragraph (3)) or giving an opportunity for explanation under the provisions of paragraph (1) of Article 203, 204 or 205 (including cases when these provisions are applied mutatis mutandis pursuant to the provisions of Articles 211 and 216; the same applies in paragraph (3)) with regard to that case and contains an admission of a fact disadvantageous to the defendant, and the defendant or the defense counsel raises an objection relating to the request for the examination on the grounds that the admission is suspected of not being made voluntarily, the public prosecutor must request the examination of the recording medium, electronic or magnetic record on which statements made by the defendant during the period from the commencement of the interrogation or opportunity for explanation in which that document or electronic or magnetic record has been prepared to completion thereof and the circumstances are recorded pursuant to the provisions of paragraph (4) (hereinafter in this paragraph and the following paragraph referred to as the "record of statements and their circumstances"), to prove that the admission is voluntarily made; provided, however, that this does not apply when there is no recording medium record of statements and their circumstances due to absence of recording under the same paragraph (4) as the case falling under one of items of the same paragraph, or other unavoidable circumstances:

If a public prosecutor fails to request the examination of the recording medium provided in the preceding paragraphrecord of statements and their circumstances in violation of the provisions of the samepreceding paragraph, a court must render a ruling to dismiss the request for examination of the document or electronic or magnetic record provided in the same paragraph.

The provisions of the preceding two paragraphs apply mutatis mutandis when the defendant or the defense counsel raises an objection with regard to the case set forth in one of items of paragraph (1) against the use as evidence of the statement that has been made by any person other than the defendant, which may be used as evidence pursuant to the provisions of Article 322, paragraph (1) as applied mutatis mutandis pursuant to Article 324, paragraph (1), and contains any statement made by the defendant in the interrogation with regard to that case pursuant to the provisions of Article 198, paragraph (1) or in the opportunity for explanation under paragraph (1) of Article 203, 204 or 205 (limited to that containing an admission of a fact disadvantageous to the defendant), on the grounds that the admission is suspected of not being made voluntarily.

When a public prosecutor or a public prosecutor's assistant officer interrogates a suspect under arrest or detention pursuant to the provisions of Article 198, paragraph (1) with regard to the case set forth in one of items of paragraph (1) (excluding cases set forth in item (iii) of the same paragraph for which a related case has been referred or sent and which are expected to be referred or sent by a judicial police officer in light of the actual investigation conducted by the judicial police officer and other circumstances), or gives the suspect an opportunity for explanation pursuant to the provisions of paragraph (1) of Article 204 or 205 (including cases when these provisions are applied mutatis mutandis pursuant to Articles 211 and 216), the public prosecutor or public prosecutor's assistant officer must record statements made by the suspect and the circumstances on a recording mediumas an electronic or magnetic record by a method of recording sound and images simultaneously, except in a case falling under one of the following items; the same applies when a judicial police official interrogates a suspect under arrest or detention pursuant to the provisions of Article 198, paragraph (1) or gives the suspect an opportunity for explanation pursuant to the provisions of Article 203, paragraph (1) (including cases when these provisions are applied mutatis mutandis pursuant to Articles 211 and 216) with regard to the case set forth in paragraph (1), item (i) or (ii):

When the documents or electronic or magnetic records admissible pursuant to the provisions of Articles 321 to 323 or Article 326 are part of the investigation records, the public prosecutor must, insofar as possible, have them separated from the other records, and request examination.

With regard to the document or electronic or magnetic record recording the results of the examination of witnesses or other persons, inspection, seizure (including an order to provide electronic or magnetic records (limited to one ordering that the records be provided by the method listed in Article 102-2, paragraph (1), item (i), (a))), search and an order to provide electronic or magnetic records (limited to one ordering that the records be provided by the method listed in (b) of that item) (including causing the provision of electronic or magnetic records by that order to provide electronic or magnetic records) conducted in trial preparation, and the articles seized and the recording medium on which the electronic or magnetic records provided by an order to provide electronic or magnetic records (limited to one ordering that the records be provided by the method listed in (b) of that item) are recorded, the court must examine them on the trial date as documentary evidence or articles of evidence.

When a court examines a witness and 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) or the means provided in Article 157-6, paragraph (1) or (2) are takenare taken and cases using means that allows the recognition of each other's presence and communication through the transmission of images and sound), 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 have the defendant enter the courtroom, notify the defendant of an outline of the testimony and give the defendant an opportunity to examine the witness.

In the examination of a written statement, part of which contains a recording medium, pursuant to the provisions of Article 157-6, paragraph (5), the recording medium shall be played in lieu of reading aloud pursuant to the provisions of paragraph (1) or (2); provided, however, that the presiding judge may, when finding it appropriate after hearing the opinions of a public prosecutor and the defendant or the defense counsel, order the person who has requested the examination of that written statement, an associate judge or a court clerk to state, or personally state the content of the statement recorded in the written statement, in lieu of playing that recording medium.

When a court plays the recording medium provided in Article 157-6, paragraph (5) pursuant to the provisions of the preceding paragraph and finds it necessary, the court may take the measures provided in Article 157-5, after hearing the opinions of a public prosecutor and the defendant or the defense counsel.

Notwithstanding the provisions of Article 305, paragraphs (1) and (2) and the provisions of paragraphs (1) and (2), in the examination of a record, part of which contains an electronic or magnetic record pursuant to the provisions of Article 157-6, paragraph (5), the content of the electronic or magnetic record that is part of that record is to be played; provided, however, that the presiding judge may, when finding it appropriate after hearing the opinions of a public prosecutor and the defendant or the defense counsel, order the person who has requested the examination of that record, an associate judge or a court clerk to state, or personally state the content of the statement recorded in the record, in lieu of playing that content.

When a court plays the content of the electronic or magnetic record provided in Article 157-6, paragraph (5) pursuant to the provisions of the preceding paragraph and finds it necessary, the court may take the measures provided in Article 157-5, after hearing the opinions of a public prosecutor and the defendant or the defense counsel.

The court clerk must record in the file the particulars written or recorded in the documentary or material evidence for which examination has been completed; provided however, that this does not apply when there are difficult circumstances in recording those particulars in the file.

At the same time as the request under paragraph (1), the public prosecutor must submit to the court a transcript of the document referred to in the preceding paragraph (hereinafter referred to as the "written request for alteration of counts, etc.") to be served on the defendant; provided, however, that this does not apply where the request is made by the method set forth in Article 54-2, paragraph (1).

When the transcript of the written request for alteration of counts, etc. has been submitted pursuant to the provisions of the preceding paragraphIn the cases set forth in the following items, the court must serve it on the defendant without delay. what is specified in the relevant item:

where the request under paragraph (1) is 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 written request for alteration of counts, 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 written request for alteration of counts, etc. recorded on the recording medium referred to in that Article);

where the request under paragraph (1) is made by the submission of a written request for alteration of counts, etc.: a transcript of the written request for alteration of counts, etc.

When a public prosecutor deems it necessary with regard to the particulars identifying an individual of a person listed in Article 271-2, paragraph (1), item (i) or (ii) that are stated in the written request for alteration of counts, etc., the public prosecutor may 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 written request for alteration of counts, etc. pursuant to the provisions of paragraph (5) of the preceding Article.

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

When the extract of the written request for alteration of counts, etc. has been submitted pursuant to the preceding paragraph, the court must, notwithstanding paragraph (5) of the preceding Article, serve the extract of the written request for alteration of counts, etc. on the defendant without delay.In the cases set forth in the following items, the court must, notwithstanding paragraph (5) of the preceding Article, serve on the defendant without delay what is specified in the relevant item:

where the request under paragraph (1) is 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 written request for alteration of counts, 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 written request for alteration of counts, etc. recorded on the recording medium referred to in that Article);

where the request under paragraph (1) is made by the submission of an extract of the written request for alteration of counts, etc.: the extract of the written request for alteration of counts, etc.

The provisions of Articles 271-3 through 271-8 apply mutatis mutandis where the extract of the written request for alteration of counts, etc. is submitted pursuant to paragraph (2). In this case, a request under paragraph (1) is made. In this case, the phrase "institution of prosecution" in Article 271-3, paragraph (1) and Article 271-4, paragraph (2) is deemed to be replaced with "the request under Article 312, paragraph (1)", the phrase "charging sheet" in Article 271-3, paragraphs (1) and (2) and Article 271-4, paragraphs (2) and (3) with "written request for alteration of counts, etc.", the phrase "paragraph (1), item (i), (c), (1) or item (ii), (a) of the preceding Article" in Article 271-3, paragraph (3) is deemed to be replaced with "Article 271-2, paragraph (1), item (i), (c), (1) or item (ii), (a)", the phrase "Article extract of the charging sheet, etc." in that paragraph, paragraph (4) of that Article and Article 271-4, paragraphs (4) and (5) with "extract of the written request for alteration of counts, etc.", the phrase "Article 271-2, paragraph (4)" in Article 271-5, paragraph (1) with "Article 312-2, paragraph (3)", and the phrase "paragraph (1), item (i) or item (ii) of that Articleparagraph" in Article 271-6, paragraph (5)paragraphs (2) through (6) and Article 271-8, paragraph (1) with "Article 271-2, paragraph (1), item (i) or item (ii)".

A pretrial arrangement proceeding shall be conducted by having the persons concerned in the case appear and make a statement, or having them submit documents or electronic or magnetic records, pursuant to the provisions of this Subsection.

When conducting proceedings on the date of the pretrial arrangement proceeding, if the court finds it appropriate, the court may, after hearing the opinions of the public prosecutor and the defense counsel, conduct the proceedings by means that allows the recognition of each other's presence and communication through the transmission of images and sound, with the public prosecutor or the defense counsel present in a place that it finds appropriate located elsewhere than in the same premises (meaning the same premises as the place where the presiding judge is present for conducting the proceedings on the date of the pretrial arrangement proceeding; the same applies in the following paragraph and Article 316-9, paragraph (4)), such as a place on the premises of another court. In this case, the public prosecutor or the defense counsel who is present at that place is deemed to have appeared on that date of the pretrial arrangement proceeding.

The court may conduct proceedings on the date of the pretrial arrangement proceeding by means that allows the recognition of each other's presence and communication through the transmission of images and sound, with a judge of the panel present in a place located elsewhere than in the same premises.

When conducting proceedings on the date of the pretrial arrangement proceeding, if the court finds it appropriate, the court may, after hearing the opinions of the public prosecutor and the defendant or the defense counsel, conduct the proceedings by means that allows the recognition of each other's presence and communication through the transmission of images and sound, with the defendant present in a place that it finds appropriate located elsewhere than in the same premises, such as a place on the premises of another court. In this case, the defendant who is present at that place is deemed to have appeared on that date of the pretrial arrangement proceeding.

When the court deems it necessary to confirm the intention of the defendant for a statement given by the defense counsel or a document or electronic or magnetic record to be submitted by the defense counsel, the court may, on the date of the pretrial arrangement proceeding, ask the defendant questions and have the defense counsel submit a document which is signed jointly by the defendant.

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

When a case is put into a pretrial arrangement proceeding, the public prosecutor must submit documents in which facts planned to be proven are described ("facts planned to be proven" means the facts which are planned to be proven by evidence on the trial date; the same applies hereinafter) to the court and must also send them to the defendant or the defense counsel. In this case, the public prosecutor may not describe in the documents any item from which prejudice or a preconception of the case is likely to arise based on materials which are not qualified for evidence or which are not intended to be requested for examination in court.

In the case of the preceding paragraph, the public prosecutor must send to the defendant or the defense counsel documents or electronic or magnetic records in which the facts planned to be proven are written or recorded; provided, however, that electronic or magnetic records in which the facts planned to be proven are recorded may not be sent to the defendant if the defendant objects.

The public prosecutor must request the examination of evidence which is to be used to prove facts planned to be proven prescribed in the preceding paragraph (1).

The court is to, upon hearing the opinions of the public prosecutor and the defendant or the defense counsel, set a deadline for the submission and delivery of the documents prescribed in under the provisions of paragraph (1), the delivery under the provisions of paragraph (1)(2) and the request prescribed in under the provisions of paragraph (2)(3).

A public prosecutor must promptly disclose the evidence the prosecutor has requested to examine pursuant to the provisions of paragraph (2)(3) of the preceding Article (hereinafter referred to as "evidence for examination requested by the public prosecutor") to the defendant or the defense counsel by the means provided in the following items according to each category set forth in each item:

in the case of documentary evidence or an article of evidence, an opportunity is given to inspect (for the defense counsel, to inspect and copy) the documentary evidence or article of evidenceprescribed in (a) or (b) is given with regard to the documentary evidence or article of evidence, in accordance with the category of opponent set forth in (a) or (b); or

the defendant: an opportunity to inspect (in the case where all or part of the documentary evidence or article of evidence is an electronic or magnetic record, an opportunity to inspect what displays the contents of that electronic or magnetic record or to view and listen to what reproduces its contents);

the defense counsel: an opportunity to inspect and copy (in the case where all or part of the documentary evidence or article of evidence is an electronic or magnetic record, an opportunity to inspect what displays the contents of that electronic or magnetic record or to view and listen to what reproduces its contents, and to duplicate or print that electronic or magnetic record, or to write or record what displays or reproduces its contents);

in the case of a witness, an expert witness, an interpreter or a translator, an opportunity is given to learn of the person's name and address and to inspect (for the defense counsel, to inspect and copy), with regard to those of the person's recorded statement documents thatwhich reveal the content of what the person is considered to state on the trial date (when there are no recorded statement documents, or those documents are found inappropriate to be inspected, documents that include an outline of the content of what the person is considered to state on the trial date)the summary of expected statements, etc. (meaning documents or electronic or magnetic records in which an outline of the content of what the person is considered to state on the trial date is written or recorded; the same applies in this item and Article 316-18, item (ii))), the opportunity prescribed in (a) or (b) is given in accordance with the category of opponent set forth in (a) or (b).

the defendant: an opportunity to inspect (in the case where all or part of the recorded statement documents or the summary of expected statements, etc. is an electronic or magnetic record, an opportunity to inspect what displays the contents of that electronic or magnetic record or to view and listen to what reproduces its contents);

the defense counsel: an opportunity to inspect and copy (in the case where all or part of the recorded statement documents or the summary of expected statements, etc. is an electronic or magnetic record, an opportunity to inspect what displays the contents of that electronic or magnetic record or to view and listen to what reproduces its contents, and to duplicate or print that electronic or magnetic record, or to write or record what displays or reproduces its contents).

Upon request from the defendant or the defense counsel after the disclosure of evidence pursuant to the provisions of the preceding paragraph, a public prosecutor must promptly deliverprovide to the defendant or the defense counsel a list of the evidence held by the public prosecutor; provided, however, that a list prepared as an electronic or magnetic record may not be provided to the defendant if the defendant objects.

The list referred to in the preceding paragraph must include or record matters provided in the following items by evidence according to each category set forth in each item:

in the case of a statement recorded and taken down in writing (limited to one with the signature or seal of the person making the statement, the title of the document) or an electronic or magnetic record (limited to one for which a measure specified by the Rules of Court in place of the signature or seal of the person making the statement has been taken), the title of the document or the electronic or magnetic record, the date of preparation, and the name of the person making the statement; or

Notwithstanding the provisions of the preceding paragraph, a public prosecutor may not be required to include or record any matter otherwise to be included or recorded in the list referred to in paragraph (2) pursuant to the provisions of the preceding paragraph, which is found to be likely to cause any of the following risks if it is included or recorded in the list:

When a public prosecutor comes to hold new evidence after the deliveryprovision of the list pursuant to the provisions of paragraph (2), the public prosecutor must promptly deliverprovide to the defendant or the defense counsel a list of the new evidence the public prosecutor comes to hold. In this case, the provisions of the proviso to that paragraph and the preceding two paragraphs apply mutatis mutandis.

documents describingor electronic or magnetic records describing or recording the results of an inspection by a court or a judge as provided in Article 321, paragraph (2);

documents or electronic or magnetic records provided in Article 321, paragraph (3) or equivalent documents or electronic or magnetic records;

documents or electronic or magnetic records provided in Article 321, paragraph (4) or equivalent documents or electronic or magnetic records;

documents or electronic or magnetic records which public prosecutors, public prosecutor's assistant officers or judicial police officials are obliged to prepare in the course of duties under the rules relating to interrogation records, in which the date, time, place and other circumstances of the interrogation of a person under physical restraint are recorded (limited to those concerning the defendant, or a person set forth in item (v), (a) or (b) who is under physical restraint or for whom prosecution has been instituted as an accomplice of the defendant); or

recorded seizure procedure documents , etc. of articles of evidence that are evidence for examination requested by the public prosecutor (meaning documents or electronic or magnetic records which public prosecutors, public prosecutor's assistant officers or judicial police officials are obliged to prepare in the course of duties under the rules relating to records of seizure procedures or of procedures for having electronic or magnetic records provided by an order to provide electronic or magnetic records (limited to an order that orders provision by the method set forth in Article 102-2, paragraph (1), item (i), (b); hereinafter the same applies in this item), in which the person who seized, with regard to the seizure or the provision of electronic or magnetic records by an order to provide electronic or magnetic records, the person who made the seizure, the date, place and other circumstances of the seizure of articles of evidence, or the person who made the order, the date of the provision of electronic or magnetic records and other circumstances of the provision of electronic or magnetic records by an order to provide electronic or magnetic records are recorded; the same applies in the following paragraph and paragraph (3), item (ii), (a)).

The preceding paragraph also applies when the defendant or the defense counsel requests disclosure of recorded seizure procedure documents, etc. of articles of evidence that are to be disclosed pursuant to the provisions of the same paragraph (excluding those that have been disclosed pursuant to the provisions of paragraph (1) of the preceding Article or the preceding paragraph), and it is found appropriate taking into account the extent of the necessity of disclosure to determine the probative value of particular evidence for examination requested by the public prosecutor using those articles of evidence, and the content and extent of possible harmful effects of disclosure.

sufficient particulars to identify the recorded seizure procedure documents, etc. requested to be disclosed; and

When the defendant or the defense counsel receives the documents or electronic or magnetic records under the provisions of Article 316-13, paragraph (1)(2), and evidence to be disclosed pursuant to the provisions of Article 316-14, paragraph (1) and paragraphs (1) and (2) of the preceding Article is disclosed, the defendant or the defense counsel must, with regard to evidence for examination requested by the public prosecutor, clearly indicate their opinion on whether said person will consent pursuant to the provisions of Article 326 or whether said person has no objection relating to the request of examination.

When the defendant or the defense counsel receives the documents or electronic or magnetic records under Article 316-13, paragraph (1)(2), and evidence to be disclosed pursuant to the provisions of Article 316-14, paragraph (1) and Article 316-15, paragraphs (1) and (2) is disclosed, the defendant or the defense counsel must reveal to the court and the public prosecutor the facts planned to be proven and other factual or legal allegations planned to be put forth on the trial date, if any. In this case, the provisions of the second sentence of Article 316-13, paragraph (1) apply mutatis mutandis.

When there are facts planned to be proven by the defendant or the defense counsel plans to prove certain facts as prescribed in the preceding paragraph, said person must request examination of the evidence for use in proving the facts. In this case, the provisions of Article 316-13, paragraph (3)(4) apply mutatis mutandis.

in the case of documentary evidence or articles of evidence, anthe opportunity is given to inspect and copyprescribed in Article 316-14, paragraph (1), item (i), (b) is given with regard to the documentary evidence or the articles of evidence;

in the case of a witness, expert witness, interpreter or translator, an opportunity is given to learn of their names and addresses and to inspect and copy, with regard to their recorded statement documents which reveal the content of that which they are supposed to state on the trial date (documents which contain an outline of the content that they are supposed to state on the trial datethe summary of expected statements, etc. when there are no such recorded statement documents or when such materials are deemed inappropriate for inspection), the opportunity prescribed in Article 316-14, paragraph (1), item (ii), (b).

When a public prosecutor finds it necessary to add or alter facts planned to be proven after the proceedings provided in Article 316-13 through the preceding Article (excluding Article 316-14, paragraph (5)) have been completed, the public prosecutor must promptly submit to the court and send to the defendant or the defense counsel a document describing the facts planned to be proven which are to be added or altered. In this case, the provisions of the second sentence of Article 316-13, paragraph (1) apply mutatis mutandis.

The provisions of Article 316-13, paragraph (2) apply mutatis mutandis, in the case of the preceding paragraph, to the facts planned to be proven which are to be added or altered under the same paragraph.

When a public prosecutor finds it necessary to add a request for examination of evidence to be used to prove facts planned to be proven, the prosecutor must promptly make a request for examination of the evidence to be added. In this case, the provisions of Article 316-13, paragraph (3)(4) apply mutatis mutandis.

A court may, after hearing the opinions of the public prosecutor and the defendant or the defense counsel, set deadlines for submitting and sending the document under paragraph (1) and making the request underthe submission under the provisions of paragraph (1), the sending under the provisions of Article 316-13, paragraph (2) as applied mutatis mutandis pursuant to paragraph (2), and the request under the provisions of the preceding paragraph.

The provisions of Article 316-14, paragraph (1), Article 316-15 and Article 316-16 apply mutatis mutandis to the evidence requested to be examined by a public prosecutor pursuant to the provisions of paragraph (2)(3).