Code of Criminal Procedure

A public prosecutor or judicial police officer may, when finding it necessary with regard to the particulars identifying an individual (meaning the name, address and other particulars that would identify the individual; the same applies hereinafter) of the persons set forth in the following items, request a judge, simultaneously with the request under the main clause of Article 199, paragraph (2), to provide an extract of the arrest warrant that does not state or record those particulars identifying an individual or other substitute for the arrest warrant, for use in the measure under paragraph (3).

the victim of any of the following cases:

cases involving the crimes or attempts of the crimes under Articles 176, 177, 179, 181 or 182 of the Penal Code, Article 225 or Article 226-2, paragraph (3) of the same Code (limited to cases with the purpose of indecency or marriage; hereinafter the same applies in this (a)), Article 227, paragraph (1) of the same Code (limited to cases with the purpose of being an accessory to a person who commits the crime under Article 225 or Article 226-2, paragraph (3) of the same Code) or paragraph (3) of that Article (limited to cases with the purpose of indecency), or Article 241, paragraph (1) or (3) of the same Code;

cases involving the crimes under Article 60, paragraph (1) of the Child Welfare Act or paragraph (2) of the same Article pertaining to Article 34, paragraph (1), item (ix) of the same Act, Articles 4 through 8 of the Act on Regulation and Punishment of Acts Relating to Child Prostitution and Child Pornography, and the Protection of Children, or Articles 2 through 6 of the Act on the Punishment of Acts of Photographing Sexual Poses, etc. and the Erasure, etc. of Electronic or Magnetic Records of Images of Sexual Poses Recorded on Seized Articles; or

cases other than those set forth in (a) and (b) in which, due to the mode of the crime, the state of the damage or other circumstances, it is found that there is a risk of the following arising from the victim's particulars identifying an individual being known to the suspect:

risk that the reputation or peaceful social life of the victim or others (meaning the victim or, where the victim has died or has a serious mental or physical disorder, the victim's spouse, lineal relative or sibling; the same applies hereinafter) may be seriously harmed;

in addition to what is set out in (1), risk that an act that would harm the body or property of the victim or the victim's relatives, or threaten or confuse these persons, may be committed;

in addition to the persons set out in the preceding item, a person for whom it is found that there is a risk of any of the following as a result of the person's particulars identifying an individual becoming known to the suspect:

risk that the reputation or peaceful social life of that person may be seriously harmed;

in addition to what is set out in (a), risk that an act that would harm the body or property of that person or that person's relatives, or threaten or confuse these persons, may be committed.

When a judge has received a request under the preceding paragraph and issues an arrest warrant pursuant to the provisions of Article 199, paragraph (2), the judge is, at the same time, to provide, for use in the measure under the following paragraph, an extract of the arrest warrant stating or recording an outline of the alleged facts of the crime in a manner that does not disclose the particulars identifying an individual pertaining to the request, or other document in lieu of the arrest warrant; provided, however, that this does not apply when it is clear that the person pertaining to the request does not fall under the persons set out in item (i) or (ii) of the preceding paragraph.

When a document in lieu of an arrest warrant has been provided pursuant to the provisions of the preceding paragraph, notwithstanding the provisions of paragraph (1) of the preceding Article, the measures specified in each of the following items in accordance with the category of cases set forth in those items may be taken with respect to the suspect when arresting the suspect through the arrest warrant:

where the document in lieu of an arrest warrant is in writing: showing the document in lieu of the arrest warrant;

where the document in lieu of an arrest warrant is an electronic or magnetic record: pursuant to the Rules of Court, displaying the particulars recorded in the document in lieu of the arrest warrant on the screen of a computer, in a document or on something else and showing them.

When a document in lieu of an arrest warrant has been provided pursuant to the provisions of paragraph (2), if the measure under the preceding paragraph cannot be taken with respect to the document in lieu of the arrest warrant, and when there is urgency, a suspect may be arrested through the arrest warrant, notwithstanding the provisions of paragraph (1) of the preceding Article and the provisions of Article 73, paragraph (3) as applied mutatis mutandis pursuant to paragraph (2) of that Article, by informing the suspect of an outline of the alleged facts of the crime in a manner that does not disclose those of the particulars identifying an individual stated or recorded in the arrest warrant that are not stated or recorded in the document in lieu of the arrest warrant, and informing the suspect that an arrest warrant has been issued. In this case, the measure under the preceding paragraph must be taken as promptly as possible.

If a public prosecutor's assistant officer or a judicial police constable has arrested a suspect through an arrest warrant, the former must immediately bring the suspect to a public prosecutor and the latter to a judicial police officer.

When a judicial police officer has arrested a suspect through an arrest warrant or has received a suspect who was arrested through an arrest warrant, said officer must immediately inform the suspect of the outline of the suspected crime and the fact that the suspect may appoint a defense counsel and then, giving the suspect an opportunity for explanation, said officer must immediately release the suspect when believing that it is not necessary to detain the suspect, or must carry out the procedure of referring the suspect together with the documents and articles of evidence, and electronic or magnetic records, to a public prosecutor within 48 hours of the suspect being placed under physical restraint when believing that it is necessary to detain the suspect.

In the case of the preceding paragraph, if the judicial police officer asks the suspect whether or not the suspect has defense counsel, and if the suspect has defense counsel, said officer is not required to inform the suspect of the fact that the suspect may appoint a defense counsel.

When informing a suspect that the suspect is entitled to appoint a defense counsel pursuant to the provisions of paragraph (1), the judicial police officer must inform the suspect that a suspect may make a request for appointment of a defense counsel specifying an attorney, a legal professional corporation or a bar association, and of the person to which the request must be made.

When informing a suspect that the suspect is entitled to appoint a defense counsel pursuant to the provisions of paragraph (1), the judicial police officer must inform the suspect that, if a request for further detention of the suspect is made and the suspect is unable to personally appoint a defense counsel due to indigence or any other grounds, the suspect may request a judge to appoint a defense counsel; that when requesting the judge to appoint the defense counsel, the suspect must submit a report on personal financial resources; and that when the suspect's financial resources are equal to or above the base amount, the suspect must have first requested a bar association (meaning the bar association to which the request under Article 31-2, paragraph (1) is to be made pursuant to the provisions of Article 37-3, paragraph (2)) to appoint the defense counsel.

When a suspect is not referred within the time limit under paragraph (1), the suspect must be immediately released.

When a public prosecutor has arrested a suspect through an arrest warrant or has received a suspect who was arrested through an arrest warrant (excluding a suspect referred to the public prosecutor pursuant to the provisions of the preceding Article), the public prosecutor must immediately inform the suspect of the outline of the suspected crime and that the suspect may appoint a defense counsel, and then, giving the suspect an opportunity for explanation, must immediately release the suspect when believing that it is not necessary to detain the suspect, or must request a judge to detain the suspect within 48 hours of the suspect being placed under physical restraint when believing that it is necessary to detain the suspect; provided, however, that if prosecution is instituted within that time limit, it is not necessary to request detention.

When informing a suspect that the suspect is entitled to appoint a defense counsel pursuant to the provisions of the preceding paragraph, the public prosecutor must inform the suspect that a suspect may make a request for appointment of a defense counsel specifying an attorney, a legal professional corporation or a bar association, and of the person to which the request must be made.

When informing a suspect that the suspect is entitled to appoint a defense counsel pursuant to the provisions of paragraph (1), the public prosecutor must inform the suspect that, if a request for further detention of the suspect is made and the suspect is unable to personally appoint a defense counsel due to indigence or any other grounds, the suspect may request a judge to appoint a defense counsel; that when requesting the judge to appoint the defense counsel, the suspect must submit a report on personal financial resources; and that when the suspect's financial resources are equal to or above the base amount, the suspect must have first requested a bar association (meaning the bar association to which the request under Article 31-2, paragraph (1) is to be made pursuant to the provisions of Article 37-3, paragraph (2)) to appoint the defense counsel.

If a public prosecutor does not request detention or institute prosecution within the time limit under paragraph (1), the public prosecutor must immediately release a suspect.

The provisions of paragraph (2) of the preceding Article apply mutatis mutandis to the case of paragraph (1).

When a public prosecutor receives a suspect referred pursuant to the provisions of Article 203, the public prosecutor must give the suspect an opportunity for explanation, and immediately release the suspect when considering that it is unnecessary to detain that suspect, or request a judge to detain the suspect within 24 hours from the receipt of the suspect when considering that it is necessary to detain that suspect.

When a public prosecutor, with the suspect present in a penal institution, gives the suspect an opportunity for explanation under the preceding paragraph by means that allows the recognition of each other's presence and communication through the transmission of images and sound, the public prosecutor must notify the suspect in advance that the public prosecutor will give an opportunity for explanation under that paragraph.

The time limit under paragraph (1) may not exceed 72 hours from the time the suspect is placed under physical restraint.

When a public prosecutor institutes prosecution within the time limit under paragraph (1) and the preceding paragraph, the public prosecutor is not required to make a request for detention.

When a public prosecutor does not make a request for detention or institute prosecution within the time limits under paragraphs (1) and (3), the public prosecutor must immediately release a suspect.

When unavoidable circumstances prevent a public prosecutor or a judicial police officer from complying with the time limitations set forth in the preceding three Articles, a public prosecutor may, showing prima facie evidence of the reasons, request a judge to detain the suspect.

The judge who has been requested as provided in the preceding paragraph may not issue a detention warrant, unless said judge deems the delay is justifiable and based upon unavoidable circumstances.