Code of Criminal Procedure

The court may order expert examination from a person with relevant knowledge and experience.

The court must have expert witnesses swear an oath.

When it is necessary to have an expert witness examine the mental or physical condition of the defendant, the court may detain the defendant at a hospital or any other appropriate place, and determine a time period for the detaining.

The detention in the preceding paragraph must not be executed without a detention warrant for expert examination.

In addition to being in writing, a detention warrant for expert examination may be made as an electronic or magnetic record pursuant to the Rules of Court.

When it is necessary for the detention prescribed in paragraph (1) of this Article, the court may, upon a proposal from the custodian of the hospital or other place accommodating the defendant or ex officio, order a judicial police official to guard the defendant.

The court may, when it is necessary, extend or shorten a period of detention.

The provisions pertaining to detention apply mutatis mutandis to the detention for expert examination prescribed in paragraph (1) of this Article except as otherwise provided in this Code; provided however, that the provisions pertaining to bail do not apply.

The detention prescribed in paragraph (1) of this Article is deemed as detention with regard to the inclusion of the number of pre-sentencing detention days.

When a detention warrant for expert examination is executed against a defendant under detention, the execution of detention is deemed to be suspended while said defendant is under detention for expert examination.

In the case of the preceding paragraph, when the disposition prescribed in paragraph (1) of the preceding Article has been rescinded or the period of detention has expired, the provisions of Article 98 apply mutatis mutandis.

Expert witnesses may, upon the permission of the court and when it is necessary for expert examination, enter a person's residence, or premises, building or vessel guarded by a person, or conduct inspections and examinations of persons, perform autopsies, excavate graves or break objects.

The court must grant the permission set forth in the preceding paragraph by issuing a permit.

In addition to being in writing, the permit set forth in the preceding paragraph may be made as an electronic or magnetic record pursuant to the Rules of Court.

The permit set forth in paragraph (2) must state or record the name of the defendant, the crime, and the place to be entered, the body to be inspected and examined, the corpse to be autopsied, the grave to be excavated, the object to be destroyed and the name of the expert witness and other particulars provided for by the Rules of Court.

The court may add appropriate conditions to inspections and examinations of persons.

Expert witnesses must take the measures specified in each of the following items in accordance with the category of cases set forth in those items with respect to the relevant persons subject to the measures prescribed in paragraph (1) of this Article:

where the permit set forth in paragraph (2) is in writing: showing the permit set forth in that paragraph;

where the permit set forth in paragraph (2) is an electronic or magnetic record: pursuant to the Rules of Court, displaying the particulars recorded in the permit set forth in that paragraph on the screen of a computer, in a document or on something else and showing them.

The provisions of paragraph (2) through the preceding paragraph do not apply to the measures prescribed in paragraph (1) of this Article taken by an expert witness in a public court.

The provisions of Articles 131, 137, 138 and 140 apply mutatis mutandis to inspections and examinations of persons by an expert witness in accordance with the provisions of paragraph (1) of this Article.

The court may have a judge of a panel take necessary dispositions for expert examination; provided however, that this does not apply to the disposition provided for in Article 167, paragraph (1).

A public prosecutor or defense counsel may attend expert examination. In this case, the provisions of Article 157, paragraph (2) apply mutatis mutandis.

The provisions of the preceding Chapter apply mutatis mutandis to expert examination, except for the provisions on subpoena. In this case, the phrase "when a court finds it appropriate in the following cases," in Article 157-6, paragraph (2) is deemed to be replaced with "when a court finds it appropriate in the following cases, or when examining an expert witness (excluding examination concerning the process and conclusion of the expert examination) and the court finds it appropriate,".

When a person who is to undergo an inspection and examination of a person refuses to be inspected and examined by an expert witness prescribed in Article 168, paragraph (1), said expert witness may request a judge to conduct said inspection and examination of the person.

The judge who is requested as prescribed in the preceding paragraph may inspect and examine a person in accordance with the provisions of Chapter X.

Expert witnesses may request expert examination fees in addition to travel expenses, a daily allowance and accommodation fees, and receive payment or reimbursement of the expenses necessary for said expert examination.

If an expert witness receives the payment of expenses necessary for expert examination in advance but does not appear in court or refuses to swear an oath or perform said examination without a justifiable reason, said expert witness must return said received expenses.

With regard to examinations pertaining to past facts which have come to be known through special knowledge, the provisions of the preceding Chapter apply instead of the provisions of this Chapter.