Code of Criminal Procedure

When the defendant or the defense counsel deems it necessary to add a request for examination of evidence which will be used to prove facts planned to be proven, said person must promptly request examination of the evidence to be added. In this case, the provisions of Article 316-13, paragraph (3)(4) apply mutatis mutandis.

The provisions of Articles 316-18 and 316-19 apply mutatis mutandis to the evidence which is requested for examination by the defendant or the defense counsel pursuant to the provisions of paragraph (2).

The provisions of Article 316-20 apply mutatis mutandis to the evidence which is deemed to be connected to the allegation to which an addition or alteration should be made pursuant to the provisions of paragraph (1).

The provisions of Articles 299-2 and 299-3 apply mutatis mutandis when a public prosecutor or a defense counsel discloses evidence pursuant to the provisions of this Division.

The provisions of Article 299-4 apply mutatis mutandis when a public prosecutor is to disclose evidence pursuant to the provisions of Article 316-14, paragraph (1) (including cases when these provisions are applied mutatis mutandis pursuant to Article 316-21, paragraph (4)(5)).

The provisions of Articles 299-5 through 299-7 apply mutatis mutandis when a public prosecutor has taken measures pursuant to the provisions of Article 299-4, paragraphs (1) through (10) as applied mutatis mutandis pursuant to the preceding paragraph.

When a court finds it necessary taking into account the extent of the necessity of disclosure of evidence, the content and extent of the possible harmful effects of disclosure and other circumstances, the court may render a ruling to designate the time or means of or set a condition for the disclosure of the evidence to be disclosed pursuant to the provisions of Article 316-14, paragraph (1) (including cases when these provisions are applied mutatis mutandis pursuant to Article 316-21, paragraph (4)(5)) upon request from a public prosecutor, or the evidence to be disclosed pursuant to the provisions of Article 316-18 (including cases when these provisions are applied mutatis mutandis pursuant to Article 316-22, paragraph (4)) upon request from the defendant or the defense counsel.

When a court finds that a public prosecutor has not disclosed the evidence to be disclosed pursuant to the provisions of Article 316-14, paragraph (1) or Article 316-15, paragraph (1) or (2) (including cases when these provisions are applied mutatis mutandis pursuant to Article 316-21, paragraph (4)(5)) or Article 316-20, paragraph (1) (including cases when these provisions are applied mutatis mutandis pursuant to Article 316-22, paragraph (5)), or the defendant or the defense counsel has not disclosed the evidence to be disclosed pursuant to the provisions of Article 316-18 (including cases when these provisions are applied mutatis mutandis pursuant to Article 316-22, paragraph (4)), the court must, upon request from the opponent, render a ruling to order the disclosure of that evidence. In this case, the court may designate the time or means of or set a condition for the disclosure.

If the court deems it necessary in making a ruling for the request prescribed in Article 316-25, paragraph (1) or paragraph (1) of the preceding Article, it may order the public prosecutor, the defendant or the defense counsel to present the evidence which is requested. In this case, the court may not let anyone inspect or copy the evidenceif all or part of the evidence is an electronic or magnetic record, the court is to receive the presentation of that electronic or magnetic record by inspecting a display of its content or viewing and listening to a reproduction of its content.

If the court deems it necessary in making a ruling for the request made by the defendant or the defense counsel prescribed in paragraph (1) of the preceding Article, it may order the public prosecutor to present a list of the evidence that said prosecutor holds which falls within the range specified by the court. In this case, if the court may not let anyone inspect or copy the listpublic prosecutor has prepared the list as an electronic or magnetic record, the court is to receive the presentation of the list by inspecting a display of its content.

In the cases of the preceding two paragraphs, the court may not let anyone inspect or copy the evidence referred to in paragraph (1) or the list referred to in the preceding paragraph.

The provisions of paragraph (1) and the preceding paragraph apply mutatis mutandis to the court where the immediate appeal prescribed in the provisions of Article 316-25, paragraph (3) or paragraph (3) of the preceding Article is pending and the provisions of the preceding paragraphtwo paragraphs apply mutatis mutandis to the court where the immediate appeal prescribed in the provisions of paragraph (3) of the same Article is pending.

The provisions of the preceding Subsection (excluding the provisions of Article 316-2, paragraph (1) and Article 316-9, paragraph (3)) apply mutatis mutandis to the inter-trial arrangement proceeding. In this case, the evidence that the public prosecutor, the defendant or the defense counsel requested to be examined before the ruling prescribed in the preceding paragraph is deemed to be the evidence that was requested to be examined in the inter-trial arrangement proceeding and the words "the date of the pretrial arrangement proceeding" prescribed in Articles 316-6 to 316-10 and 316-12 Article 316-12, paragraphs (1) and (2) are deemed to be "the date of the inter-trial arrangement proceeding" and the wordwords "the records of the pretrial arrangement proceeding" prescribed in paragraph (2) and paragraph (3) of the same Article isare deemed to be "the records of the inter-trial arrangement proceeding."

In conducting proceedings on a trial date, when an application is made by a Participating Victim or an attorney entrusted by the Participating Victim, the court may, after hearing the opinions of the defendant or the defense counsel and taking into consideration the state of the proceedings, the number of persons who made the application and other circumstances, when it finds it appropriate, have the person who made the application be present in any of the places set forth in the following items and conduct the proceedings by means that allows the recognition of each other's presence and communication through the transmission of images and sound. In this case, the person who made the application and is present in that place is deemed to have attended that trial date.

a place other than the place where the judge and persons concerned in the case are present for conducting proceedings on the trial date, which is located in the same premises;

a place located within the premises of another court or otherwise outside the same premises, which the court finds appropriate.

The application under the preceding paragraph must be made in advance to the public prosecutor. In this case, the public prosecutor is to notify the court of the application, attaching the prosecutor's opinion.

The provisions of each of the preceding paragraphs apply mutatis mutandis to cases where witnesses are to be examined orin the trial preparation, and the provisions of paragraphs (1) through (4) apply mutatis mutandis to cases where inspection is to be conducted in the trial preparation.

If the Participating Victim appears on the trial date or in the trial preparation pursuant to the provisions of Article 316-34, paragraph (1) (including cases to which these provisions apply mutatis mutandis pursuant to the provisions of paragraph (5)(7) of the same Article; the same applies hereinafter in paragraph in paragraph (4)) (including cases where the method prescribed in paragraph (5) of the same Article (including cases to which it applies mutatis mutandis pursuant to paragraph (7) of the same Article) is used; the same applies in paragraph (4)), when, taking into account the Participating Victim's age, mental or physical condition or other circumstances, the Participating Victim is likely to feel extreme anxiety or tension, the court may, after hearing the opinions of the public prosecutor and the defendant or the defense counsel, have the Participating Victim accompanied by a person who is appropriate for easing the Participating Victim's anxiety or tension, and is unlikely to disturb the examination of the witness by a judge or persons concerned in the case, or an act seeking a statement from the defendant, or the statement of persons concerned in the case, or is unlikely to unduly influence the content of the statements.

Where the Participating Victim attends a trial date or trial preparation pursuant to Article 316-34, paragraph (1), if the court finds that, due to the nature of the crime, the Participating Victim's age, mental or physical condition, relationship with the defendant, or other circumstances, the Participating Victim is likely to feel pressure and the Participating Victim's mental peace of mind is likely to be seriously harmed when the Participating Victim is present, examines, questions or makes a statement in the presence of the defendant (including cases where means that allow the recognition of each other's presence and communication through the transmission of images and sound are used), and finds it appropriate, the court may, after hearing the opinions of the public prosecutor and the defendant or the defense counsel, take measures between the defendant and the Participating Victim so that the defendant cannot recognize the condition of the Participating Victim, only when the defense counsel is present.

The court may take measures so that the spectatorsobservers and the Participating Victim cannot be aware of each other's presence, if the Participating Victim appears on the trial date pursuant to the provisions of Article 316-34, paragraph (1) (including cases where the method prescribed in paragraph (5) of the same Article is used), after hearing the opinions of the public prosecutor and the defendant or the defense counsel, when it finds appropriate, taking into account the nature of the crime, the Participating Victim's age, mental or physical condition or effects upon said Participating Victim's reputation or other circumstances.

No document or electronic or magnetic record, nor statement of another person made on a day other than the trial date, may be used as evidence in lieu of a statement made on the trial date, unless as otherwise prescribed in Articles 321 tothe following Article through Article 328.

When the ruling prescribed in Article 291-2 has been rendered, the provisions of the preceding paragraph do not apply to the evidence; provided however, that this does not apply to evidence to which the public prosecutor, the defendant or the defense counsel raises an objection.

A written statement made by a person other than the defendant, or the person's statement recorded and taken down in writing with the person's signature or sealor in an electronic or magnetic record, with the person's signature or seal, or with respect to which the measures prescribed by the Rules of Court in lieu of the signature or seal of the person who made the statement have been taken, may be used as evidence only in the following cases:

with regard to a document or electronic or magnetic record in which a statement made before a judge (including those made by means that allow communication while mutually recognizing each other's presence through the transmission of images and sound; the same applies in the following item) is recorded, when the person who has made the statement is unable to do so in the trial preparation or on the trial date due to death, a mental or physical disorder, or being non est or out of the country, or when that person makes a statement inconsistent with the previous statement in the trial preparation or on the trial date;

with regard to a document or electronic or magnetic record in which a statement made before a public prosecutor is recorded, when the person who has made the statement is unable to do so in the trial preparation or on the trial date due to death, a mental or physical disorder, or being non est or out of the country, or when that person makes a statement in the trial preparation or on the trial date, which conflicts with or substantially differs from the previous statement; provided, however, that this is limited to the case when there are special circumstances that afford the previous statement more credible than the statement made in the trial preparation or on the trial date; and

with regard to a document other than the documents or electronic or magnetic record other than the documents and electronic or magnetic records set forth in the preceding two items, when the person who has made the statement is unable to do so in the trial preparation or on the trial date due to death, a mental or physical disorder, or being non est or out of the country, and that statement is essential to prove or disprove the facts of the crime; provided, however, that this is limited to the case when the previous statement is made under special circumstances that afford the previous statement credible.

A document or electronic or magnetic record which contains statements given by a person other than the defendant on the trial date or in the trial preparation, or a document or electronic or magnetic record which contains or records the results of an inspection by a court or a judge may be used as evidence, notwithstanding the provisions of the preceding paragraph.

A document or electronic or magnetic record which contains or records the results of an inspection by a public prosecutor, a public prosecutor's assistant officer or a judicial police official may be used as evidence notwithstanding the provisions of paragraph (1), if the inspector attends the trial as a witness on the trial date and verifies upon examination the authenticity of the document or electronic or magnetic record that was prepared.

The provisions of the preceding paragraph are to be applied to a document or electronic or magnetic record made by an expert witness which describes or records the process and conclusion of the expert examination.

Notwithstanding the provisions of paragraph (1) of the preceding Article, a written statement, part of which is accompanied with a recording mediuman electronic or magnetic record on which the examination and testimony of a witness made through the means provided in Article 157-6, paragraph (1) or (2) during criminal proceedings other than those in the trial preparation or on the trial date of the case under public prosecution or during criminal proceedings of other case, and the circumstances surrounding the examination and testimony are recorded, may be used as evidence. In this case, a court must give the persons concerned in the case an opportunity to examine those who have made statements as witnesses, after the examination of the written statement.

When a court examines a written statement pursuant to the provisions of the preceding paragraph, the provisions of the proviso of Article 305307-2, paragraph (5)(4) do not apply.

The recording medium electronic or magnetic record on which the statement of the person set forth in item (i) and the circumstances thereof have been recorded by a method of simultaneously recording audio and video (limited to a recording of the statement and its circumstances from the start to the end of the interview in which the statement was made) may, notwithstanding the provisions of Article 321, paragraph (1), be used as evidence if the court finds that the statement was made under circumstances in which the measures set forth in item (ii) were particularly taken, and deems it appropriate considering the circumstances up to the time of the interview and other circumstances. In this case, the court must, after the examination of the recording mediumelectronic or magnetic record, give the persons concerned in the case an opportunity to examine the person who made the statement as a witness.

The statement of the person who made the statement that is recorded on the recording mediumelectronic or magnetic record examined pursuant to the provisions of the preceding paragraph is deemed to have been made on the trial date of the case under public prosecution, when applying the first sentence of Article 295, paragraph (1).

A written statement made by the defendant or a written statement or electronic or magnetic record recording the statement of the defendant which has the defendant's signature or seal affixed by said person , or with respect to which the measures prescribed by the Rules of Court in lieu of the defendant's signature or seal have been taken, may be used as evidence only when the statement contains an admission of a disadvantageous fact, or is made under circumstances that afford special credibility; provided however, that even if the admission is not a confession, a document or electronic or magnetic record which contains an admission of a disadvantageous fact may not be used as evidence when there is doubt about it being voluntary as prescribed in Article 319.

A written statement or electronic or magnetic record which records the statement of the defendant on the trial date or in the trial preparation may be used as evidence only when the statement is deemed to have been made voluntarily.

A document other than those or electronic or magnetic record other than the documents and electronic or magnetic records prescribed in Article 321 through the preceding Article may be used as evidence only if the document or electronic or magnetic record is:

a transcript of a family register, a transcript of a notarized deed or other documents or electronic or magnetic records on facts which a government employee (including an officer of a foreign government) may certify and which isare made by that government employee;

an account book, a log book and other documents or electronic or magnetic records prepared in the ordinary course of business;

a document or electronic or magnetic record other than those prescribed in the preceding two items made under circumstances that afford special credibility.

The court may not use a document or , electronic or magnetic record or statement which can be used pursuant to the provisions of Article 321 to the preceding Article as evidence unless the court has examined whether the statement in the documentwritten or recorded in the document or electronic or magnetic record, or the statement of another person contained in the statement on the trial date or in the trial preparation, has been made voluntarily.

A document or , electronic or magnetic record or statement that the public prosecutor and the defendant have consented for use as evidence may be used as evidence notwithstanding the provisions of Articles 321 to 325 only when the court deems it appropriate considering the circumstances in which the document, electronic or magnetic record or statement was made.

In cases when evidence may be examined without the appearance of the defendant, it is deemed that the defendant has given the consent prescribed in the preceding paragraph when said defendant does not appear at the trial; provided however, that this does not apply when the representative or the defense counsel appears at the trial.

The court may, when the public prosecutor and the defendant or the defense counsel have agreed to write down the content of a certain document or in a written statement, or record as an electronic or magnetic record, the content of a certain document or electronic or magnetic record (hereinafter referred to as "documents, etc." in this Article) or a certain statement that a witness would testify to on the trial date and have submitted such written statement to the court, use it or electronic or magnetic record to the court, use that written statement or electronic or magnetic record as evidence without examining the original documents, etc. or the witness. However, the probative value of the documentthat written statement or electronic or magnetic record may be challenged regardless.

A document or electronic or magnetic record, or a statement, which cannot be used as evidence pursuant to the provisions of Articles 321 to 324, may be used to challenge the probative value of the statement of the defendant, the witness or other persons on the trial date or in the trial preparation.

An agreement under paragraph (1) of the preceding Article must be made in writing jointly signed by a public prosecutor, and a suspect or the defendant and the defense counsel, or in an electronic or magnetic record on which these persons have taken the measures prescribed by the Rules of Court in lieu of joint signature, clearly stating the content of the agreement.

When a public prosecutor reaches an agreement with a suspect under Article 350-2, paragraph (1), and institutes prosecution with regard to the suspect's case pertaining to the agreement, the public prosecutor must request the examination of the document or electronic or magnetic record referred to in Article 350-3, paragraph (2) (hereinafter collectively referred to as the "statement of agreement, etc.") as evidence without delay after the completion of the procedure under Article 291 (or if it has been ruled that the case be subject to a pretrial arrangement proceeding, after that time). The same applies when a public prosecutor reaches an agreement with the defendant with regard to the defendant's case after institution of prosecution under Article 350-2, paragraph (1).

When a public prosecutor requests the examination of the statement of agreement , etc. pursuant to the provisions of the preceding paragraph, and is notified by the party to the agreement that the party is to pull out of the agreement pursuant to the provisions of Article 350-10, paragraph (2), the public prosecutor must request the examination of the document or electronic or magnetic record referred to in the same paragraph together with that statement of agreement, etc.

After a public prosecutor has requested the examination of the statement of agreement , etc. pursuant to the provisions of paragraph (1), if the public prosecutor is notified by the party to the agreement that the party is to pull out of the agreement pursuant to the provisions of Article 350-10, paragraph (2), the public prosecutor must request the examination of the document or electronic or magnetic record referred to in the same paragraph without delay.

When a public prosecutor, the defendant or the defense counsel requests the examination of the recorded statement documents of a person other than that defendant, which have been prepared by the person based on an agreement under Article 350-2, paragraph (1), or in or on which statements made by the person based on an agreement under the same paragraph have been recorded and taken down in writing or recorded, or a court decides to examine those documents ex officio, the public prosecutor must request the examination of the statement of agreement, etc. without delay. In this case, the provisions of paragraphs (2) and (3) of the preceding Article apply mutatis mutandis.

When a public prosecutor, the defendant or the defense counsel requests the examination of a witness or a court decides to examine a witness ex officio, and there is an agreement with the person who is to be the witness under Article 350-2, paragraph (1) with regard to the witness's examination, the public prosecutor must request the examination of the statement of agreement, etc. without delay. In this case, the provisions of Article 350-7, paragraph (3) apply mutatis mutandis.

The party to an agreement shall pull out of the agreement pursuant to the preceding paragraph by notifying the other party to the agreement that the party is to pull out of the agreement, in writing stating the reasonsa document or electronic or magnetic record stating or recording the reasons; provided, however, that this notification by means of an electronic or magnetic record to a suspect or the defendant may not be given if the person receiving it has an objection.

When a public prosecutor is confirming whether or not the suspect gives the consent prescribed in the preceding paragraph, said prosecutor must do so in writing or by electronic or magnetic record. In this case, the public prosecutor must explain to the suspect the facts which are necessary to have said person understand the expedited trial proceedings (including the fact that, if said suspect does not have defense counsel, said suspect may appoint one pursuant to the provisions of the following Article) and notify said person that they may be tried pursuant to the provisions of regular rules.

When the suspect gives the consent prescribed in paragraph (2), and when the defense counsel gives or reserves giving the consent prescribed in the preceding paragraph, such opinions must be declared in writing or by electronic or magnetic record.

The documents or electronic or magnetic records prescribed in the preceding paragraph must be attached to the documents prescribed in paragraph (1).

In a case in which expedited trial proceedings have been petitioned, when the public prosecutor is to give the defendant or the defense counsel an opportunity to inspect the documentary evidence (in the case where all or part of the documentary 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) or other opportunity pursuant to the provisions of Article 299, paragraph (1), the public prosecutor must give the opportunity as promptly as possible.

In a case in which expedited trial proceedings have been petitioned, the court must render a ruling to the effect that the case is to be tried by expedited trial proceedings when the defendant states that the defendant is guilty for the count written in the charging sheet during the proceedings under Article 291, paragraph (5)(6), except for the following cases:

A person as set forth in the provisions of Article 353 or Article 354 may waive or withdraw an appeal with the written consent of the defendant given in writing or by electronic or magnetic record.

When a defendant who is in a penal institution has submitted a written application for appeal (including an electronic or magnetic record; the same applies in the following paragraph) to the warden of said penal institution or a representative thereof during the period for appeal, it shall be deemed that he/she has appealed during such time.

When the defendant cannot write an application by himself/herself, the warden of the penal institution or a representative thereof shall do so forprepare it on behalf of him/her or shall have this done by an officer of the institution.

The statement of the reasons for appeal shall be accompanied by any necessary material or a written guarantee from the public prosecutor or defense counsel (including an electronic or magnetic record; the same applies in the following Article and Article 386, paragraph (1), item (ii)) in accordance with this Code or the Rules of Court.

When an appeal to the court of second instance has been filed based on one of the grounds listed in the following items, the statement of the reasons for appeal shall be accompanied by a written guarantee from the public prosecutor or defense counsel which indicates that there is sufficient proof of the existence of the itemsgrounds:

Facts which can be proven by evidence whose examination could not be requested before oral arguments were concluded in the first instance due to unavoidable circumstances, and which are sufficient to show that there are grounds for an appeal to the court of second instance as set forth in the provisions of the two preceding articles may be cited in the statement of the reasons for appeal even if such facts do not appear in the case records or are based on evidence not examined by the court of first instance.

Facts which occurred before the rendering of a judgment and after the oral arguments were concluded in the first instance, and which are sufficient to show that there are grounds for appeal to the court of second instance as set forth in the provisions of the two preceding articles may be cited in the statement of the reasons for appeal even if such facts do not appear in the case records or are based on evidence not examined by the court of first instance.

In the cases set forth in the provisions of the two preceding paragraphs, the statement of the reasons for appeal to the court of second instance shall be accompanied by material which makes prima facie showing of the facts. In a case set forth in the provisions of the paragraph (1), the paper also shall be accompanied by material which makes prima facie showing that examination could not be requested due to unavoidable circumstances.

When an appeal to the court of second instance has been filed on the grounds listed in the following items, the statement of the reasons for appeal shall be accompanied by material which makes prima facie showing of the existence of the grounds of one of those items:

There are grounds on which it is possible to request a retrial; or

The court of second instance shall, on a ruling, dismiss an appeal to the court of second instance when:

The statement of the reasons for appeal violates a form set forth in this Code or the Rules of Court, or the statement of the reasons for appeal is not accompanied by the necessary materials or a written guarantee pursuant to this Code or the Rules of Court; or

The grounds for appeal to the court of second instance in the statement of the reasons for appeal clearly do not apply to the items set forth in the provisions of Article 377 through Article 382 and Article 383.

The provisions of paragraph (2) of the preceding article shall apply mutatis mutandis to a ruling as set forth in the preceding paragraph.

The final appellate court may enter a judgment to dismiss the final appeal without hearing oral arguments when it is deemed to be clear that there are no grounds for a final appeal in the statement of the reasons for appeal or other documents or electronic or magnetic records.

The ruling court shall correct its ruling when it finds that there are grounds for appeal. It shall send the written application, along with its written opinion thereon, to the appellate court , to the appellate court, the item specified in each of the following items for the category of cases set forth in that item, along with its opinion (including one prepared as an electronic or magnetic record), within three days of having received suchthe written application when it believes that there are no grounds for appeal in whole or in part.

where a kokoku-appeal has been filed by submitting the written application: an electronic or magnetic record recording the matters stated in the written application (in the case of the proviso to Article 54-4, the written application);

where a kokoku-appeal has been filed by the method under Article 54-2, paragraph (1): an electronic or magnetic record recording the matters to be stated in the written application that are recorded in the file (in the case of the proviso to Article 54-4, a document or electronic or magnetic record stating or recording the matters to be stated in the written application that are recorded on the recording medium referred to in that Article).

A request for a retrial may be filed against a final and binding judgment of guilt, when filed in the interests of the person who has been found guilty, and when:

It has been proven through a final and binding judgment that a person who has been found guilty was falsely accused; provided, however, that this shall only be when such person was found guilty on the basis of such false accusation;

With regard to cases where a person has been found guilty of criminal infringement of a patent right, utility model right, design right, or trademark right, a trial decision that voided such right has become final, or a judgment that voided such right has been rendered;

Clear evidence which should make the court render an acquittal or a dismissal for judicial bar to the person who has been found guilty, or make the court render a remission of punishment for the person to whom punishment has been rendered or make the court find a lesser crime than the crime which was found in the original judgment, has been newly discovered; or

It has been proven through a final and binding judgment that a judge who participated in the original judgment, a judge who participated in making documentary evidence which served as evidence in the original judgment, or the public prosecutor, public prosecutor's assistant officer, or judicial police official who compiled a document or electronic or magnetic record or gave a statement which served as evidence in the original judgment, committed a crime with regard to his/her duty in the case; provided, however, that when prosecution against such judge, public prosecutor, public prosecutor's assistant officer, or judicial police official was instituted before rendition of the original judgment, this shall be limited to when the original court did not know such fact.

The suspect shall, when he/she has no objection to application of summary proceedings, clarify to that effect in a written document or by electronic or magnetic record.

The document referred to in the preceding paragraph must be accompanied with the document or electronic or magnetic record referred to in paragraph (2) of the preceding Article.

When a public prosecutor files a request for a summary order and there is an agreement under Article 350-2, paragraph (1) on the case with the defendant, the public prosecutor must submit the statement of agreement , etc. to a court upon filing oftogether with the request.

After a public prosecutor has submitted the statement of agreement , etc. to a court pursuant to the provisions of the preceding paragraph, if the public prosecutor is notified by the party to the agreement before the court issues a summary order that the party is to pull out of the agreement pursuant to the provisions of Article 350-10, paragraph (2), the public prosecutor must submit to the court the document or electronic or magnetic record referred to in the same paragraph without delay.