Code of Criminal Procedure

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.