Code of Criminal Procedure

The court may, except as otherwise provided in this Code, examine any person as a witness.

A court may, setting the reasonable grace period provided in the Rules of Court, summon a witness.

The court may not examine, without the consent of the supervisory public agency, a government employee or an ex-government employee on particulars which said person has come to know, when the officer or the public office asserts that the knowledge of the government employee or ex-government employee pertains to official confidential information; provided however, that the supervisory public agency may not refuse to give consent except where such examination may harm important national interests.

When the persons prescribed in the following items make an assertion as prescribed in the preceding Article, the court may not examine said person as a witness without the consent of the House with regard to the person prescribed in item (i), or the consent of the Cabinet with regard to the person prescribed in item (ii):

a Member or ex-Member of the House of Representatives or the House of Councillors;

the Prime Minister, other Ministers of State or ex-Ministers of State.

In the cases prescribed in the preceding paragraph, the House of Representatives, the House of Councillors and the Cabinet may not refuse to give consent except where such examination may harm important national interests.

Any person may refuse to give testimony when there is a concern that such testimony may result in said person's criminal prosecution or conviction.

Any person may refuse to give testimony when there is a concern that such testimony may result in criminal prosecution or conviction against:

said person's spouse, blood relatives within the third degree of kinship or relatives by affinity within the second degree of kinship or a person who formerly had such relationship with said person;

said person's guardian, the supervisor of said person's guardian or said person's curator;

a person for whom said person is a guardian, supervisor of a guardian or a curator.

A person who has the relationship prescribed in the preceding Article with one or more of the accomplices or co-defendants may not refuse to give testimony on particulars relating only to the other accomplices or co-defendants.

A physician, dentist, midwife, nurse, attorney (including a foreign lawyer registered in Japan), patent attorney, notary public or a person engaged in a religious occupation, or any other person who was formerly engaged in any of these professions may refuse to give testimony on particulars pertaining to the confidential information that said person came to know through entrusted professional conduct; provided however, that this does not apply when the person in question has given consent, when the refusal is deemed to be an abuse of rights exclusively for the interests of the defendant (unless said person is the defendant), or where there exist other circumstances provided for by the Rules of Court.

When the summoned witness does not appear without a justifiable reason, the court may punish said witness by making a ruling for a non-criminal fine of not more than 100,000 yen and order said person to compensate for the expenses incurred due to said absence.

An immediate appeal against the ruling prescribed in the preceding paragraph may be filed.

Any person who is summoned as a witness and does not appear without a justifiable reason is punished by imprisonment for not more than a year or a fine of not more than 300,000 yen.

A court may subpoena a witness when the witness, without a justifiable reason, disobeys the summons, or poses a risk of disobeying said summons.

The provisions of Articles 62, 63 and 65 apply mutatis mutandis to the summons of a witness. The provisions of Articles 62, 64, 66, 67, 70, 71 and Article 73, paragraph (1) apply mutatis mutandis to the subpoena of a witness.

When escorting or bringing a witness to the designated court or the designated place on execution of a subpoena, if it is necessary, said witness may be temporarily detained at the nearest police station or any other appropriate place.

The court must, except as otherwise provided in this Code, have witnesses swear an oath.

The court must, with regard to a witness unable to understand the meaning of an oath, examine said person without the oath.

Even if the witness prescribed in the preceding paragraph has sworn an oath, the admissibility of said witness's statement as testimony is not denied or its effect lessened.

The court may have a witness testify on particulars inferred from the things which said witness has actually experienced.

The admissibility of the testimony prescribed in the preceding paragraph is not denied or its effect lessened even if the testimony contains expert evidence.

The public prosecutor and the defendant or the defense counsel may attend the examination of a witness.

Those who are entitled to attend the examination in accordance with the preceding paragraph must be notified in advance of the date, time and location of the witness examination; provided however, that this does not apply when any of these persons declares in advance to the court their intent of not attending.

The person prescribed in paragraph (1) of this Article may, when attending the examination, personally examine said witness after notifying the presiding judge of this intent.

In the examination of a witness, in the following cases, when, taking into consideration the state of the proceedings, the number of defense counsel, the gravity of the case and other circumstances, there is an unavoidable reason, there is no risk of causing substantial disadvantage to the defense of the defendant, and the court finds it appropriate, the court may, after hearing the opinions of the public prosecutor and the defendant or the defense counsel, have the defendant be present in a place that it finds appropriate located elsewhere than in the same premises (meaning the same premises as the place where the judge and persons concerned in the case are present for the examination of the witness; the same applies hereinafter in this paragraph and in Article 157-6, paragraphs (1) and (2)), such as a place on the premises of another court, and examine the witness by means that allows the recognition of each other's presence and communication through the transmission of images and sound. In this case, the defendant who is present at that place is deemed to have attended the examination.

when it finds that there is a risk that, in the course of travel entailed in appearing at the same premises, an act will be committed to cause harm to the body of the defendant or to seize or free a defendant who is under physical restraint;

when it finds that it is extremely difficult for the defendant to appear at the same premises due to the defendant's injury or illness or mental or physical disability.

When the court examines a witness pursuant to the preceding paragraph, the defense counsel may be present in the place where the defendant is present. In this case, the defense counsel who is present at that place is deemed to have attended the examination.

When a public prosecutor plans to examine a witness with regard to matters that may lead to the witness's criminal prosecution or conviction and finds it necessary taking into account the importance of testimony on those matters, the gravity and circumstances of the crime concerned and other circumstances, the public prosecutor may request in advance that the court should examine the witness under the following conditions:

statements made in response to the examination and evidence obtained based thereon may not be used as evidence against the witness in the witness's criminal case, except when acts performed by the witness during the examination constitute the crimes under Article 161 of this Code or Article 169 of the Penal Code and those statements and evidence are used in the case pertaining to these crimes involving the acts; and

notwithstanding the provisions of Article 146, the witness may not refuse to give testimony even if there is a concern that the testimony may result in the witness's criminal prosecution or conviction.

Upon request under the preceding paragraph, the court shall render a ruling to the effect that the witness will be examined under the conditions set forth in items of the same paragraph, except when it is clearly found that any matter that may lead to the witness's criminal prosecution or conviction is not included in the matters with regard to which the witness is to be examined.

When a public prosecutor finds that a witness has refused to give testimony on matters that may lead to the witness's criminal prosecution or conviction and finds it necessary taking into account the importance of testimony on those matters, the gravity and circumstances of the crime concerned and other circumstances, the public prosecutor may request that the court should examine the witness under the conditions set forth in items of paragraph (1) of the preceding Article after that point.

Upon request under the preceding paragraph, the court shall render a ruling to the effect that the witness will be examined under the conditions set forth in items of paragraph (1) of the preceding Article after that point, except when it is found that the witness has not refused to give testimony or it is clearly found that any matter that may lead to the witness's criminal prosecution or conviction is not included in the matters with regard to which the witness is to be examined.

In the examination of a witness, if it is found that the witness is likely to feel extreme anxiety or tension taking into account the witness's age or mental or physical condition, or other circumstances, a court may, after hearing the opinions of the public prosecutor and the defendant or the defense counsel, have the witness accompanied during testimony by those who are suitable for easing the witness's anxiety or tension, and are unlikely to disturb examination by a judge or persons concerned in the case or the testimony of the witness, or to unduly influence the content of the testimony.

The person accompanying the witness pursuant to the provisions of the preceding paragraph must not behave in any manner, during the testimony of the witness, which may disturb examination by a judge or persons concerned in the case or the testimony of the witness, or unduly influence the content of the testimony.