Code of Criminal Procedure

With regard to trial records, records of the pretrial arrangement proceeding and records of the inter-trial arrangement proceeding (hereinafter in this Article referred to as "trial records, etc.") pertaining to a case in which prosecution was instituted before the day on which this Act comes into effect (hereinafter referred to as the "Effective Date") (hereinafter referred to as a "criminal case prosecuted before the Effective Date") or a criminal case specified by the Supreme Court (hereinafter referred to as a "specified criminal case") in which prosecution was instituted before the day specified by Cabinet Order within a period not exceeding two years from the Effective Date (hereinafter referred to as the "specified day") (hereinafter referred to as a "specified criminal case prosecuted before the specified day"), the provisions then in force continue to govern; provided, however, that this does not apply to trial records, etc. in the case where a criminal case prosecuted before the Effective Date or a specified criminal case prosecuted before the specified day is tried together with a criminal case other than these cases.

No English for the wording before the change.

In the case of the proviso to the preceding paragraph, trial records, etc. compiled for a criminal case prosecuted before the effective date or a specified criminal case prosecuted before the specified day under the provisions of the Code of Criminal Procedure as it was before amendment by the provisions of Article 2 (referred to as the "Code of Criminal Procedure Before the Article 2 Amendment" in Article 6, paragraph (2) of the Supplementary Provisions) (including cases where the provisions then in force continue to govern pursuant to the preceding paragraph) (hereinafter in this paragraph simply referred to as "compiled trial records, etc.") are deemed to be trial records, etc. recorded in a file provided in a computer (including input/output devices) used by the court (hereinafter in this Article simply referred to as the "file"), and the court proceedings stated in the compiled trial records, etc. are deemed to be court proceedings recorded in the trial records, etc. recorded in the file.

With regard to what is deemed to be trial records, etc. recorded in the file pursuant to the provisions of the preceding paragraph, the provisions of Article 40-2, paragraph (1), Article 180-2, paragraphs (1) and (2), and Article 270, paragraph (2) of the Code of Criminal Procedure as amended by the provisions of Article 2 (hereinafter referred to as the "Code of Criminal Procedure as Amended by Article 2") do not apply.

With regard to the submission of the document under Article 100, paragraph (1) of the Code of Civil Procedure (Act No. 109 of 1996) (hereinafter referred to as a "report of service") in a criminal case prosecuted before the effective date or a specified criminal case (on or after the specified day, limited to a specified criminal case prosecuted before the specified day; the same applies hereinafter), the provisions of Article 100, paragraph (2) of the Code of Civil Procedure as applied mutatis mutandis pursuant to Article 54 of the Code of Criminal Procedure as Amended by Article 2 do not apply; provided, however, that this does not apply to the submission of reports of service in the case where a criminal case prosecuted before the effective date or a specified criminal case prosecuted before the specified day is tried together with a criminal case other than these cases.

With regard to petitions, requests and other statements made to a court, a presiding judge or a judge (hereinafter in this paragraph referred to as "petitions, etc.") that pertain to a criminal case prosecuted before the Effective Date or a specified criminal case, the provisions of Articles 54-2 through 54-4 of the Code of Criminal Procedure as Amended by Article 2 (including cases where they are applied mutatis mutandis or are followed) do not apply; provided, however, that this does not apply to petitions, etc. made on or after the Effective Date (or, where the cases come to be tried together after the Effective Date, on or after that time) in the case where a criminal case prosecuted before the Effective Date or a specified criminal case prosecuted before the specified day is tried together with a criminal case other than these cases.

No English for the wording before the change.

With regard to a complaint, an accusation and the withdrawal of these, a surrender, and a request under Article 262, paragraph (1) of the Code of Criminal Procedure made during the period from the Effective Date to the day before the specified day that pertain to a criminal case specified by an order of the competent ministry, the provisions then in force continue to govern.

The order of the competent ministry referred to in the preceding paragraph is to be a Ministry of Justice Order, a National Public Safety Commission Rule, a Ministry of Health, Labour and Welfare Order, a Ministry of Agriculture, Forestry and Fisheries Order, a Ministry of Economy, Trade and Industry Order, a Ministry of Land, Infrastructure, Transport and Tourism Order, a Ministry of the Environment Order, a Ministry of Defense Order or a Ministry of Finance Order.

With regard to the examination of and statements by witnesses, expert witnesses, interpreters and translators, and the records of the circumstances thereof (limited to those made by the method of simultaneously recording audio and video; hereinafter referred to as the "record of the examination of witnesses, etc."), pertaining to a criminal case prosecuted before the effective date, a specified criminal case or a foreign criminal case (on or after the specified day, limited to those for which a request for the examination of a witness under Article 10 of the Act on International Assistance in Investigations was made before the specified day), the provisions then in force continue to govern; provided, however, that this does not apply to the record of the examination of witnesses, etc. in the case where a criminal case prosecuted before the effective date or a specified criminal case prosecuted before the specified day is heard and decided together with a criminal case other than those cases.

With regard to the copying of the recording medium pertaining to the record of the examination of witnesses, etc. under the provisions of the Code of Criminal Procedure Before the Article 2 Amendment (including cases where applied mutatis mutandis under other Acts) or the provisions of the Act on Criminal Trials with the Participation of Saiban-in as it was before amendment by the provisions of Article 28, and the examination of the written statement of which that recording medium is made a part, the provisions then in force continue to govern.

With regard to documentary evidence (including electronic or magnetic records (meaning records made by an electronic method, a magnetic method or any other method not recognizable by human perception, which are used for information processing by a computer; the same applies hereinafter); the same applies hereinafter in this Article) and material evidence (including that which is an electronic or magnetic record; the same applies hereinafter in this Article) pertaining to a criminal case prosecuted before the Effective Date or a specified criminal case prosecuted before the specified day, the provisions of Article 310-2 of the Code of Criminal Procedure as Amended by Article 2 do not apply; provided, however, that this does not apply to documentary evidence and material evidence for which the examination of evidence has been completed on or after the Effective Date (or, where it has come to be decided to hear and decide the cases together after the Effective Date, on or after that time) in the case where a criminal case prosecuted before the Effective Date or a specified criminal case prosecuted before the specified day is heard and decided together with a criminal case other than those cases.