Code of Criminal Procedure

If a court finds that the body or property of any person pertaining to the measures taken by a public prosecutor pursuant to the provisions of Article 299-4, paragraph (1) or (6) or those taken by the court pursuant to the provisions of paragraph (3) of the preceding Article, or the person's relative is likely to be harmed, or either of these persons is likely to be threatened or confused, and also finds it appropriate after hearing the opinions of the public prosecutor and the defendant's defense counsel, the court may set a condition that the defense counsel must not notify the defendant of the name or address of the person pertaining to those measures, which is included or recorded in documents or articles of evidence relating to the trial, or designate the time or method of notification to the defendant, when the defense counsel inspects or copies these documents or articles pursuant to the provisions of Article 40, paragraph (1) or Article 40-2, paragraph (1); provided, however, that this does not apply when the condition or designation makes it impossible to confirm whether or not the person pertaining to those measures has an interest in the defendant or other persons concerned, which may contribute to the determination of the probative value of that person's statement, or otherwise is likely to substantially harm the defense of the defendant.

If a court finds that the body or property of any person pertaining to the measures taken by a public prosecutor pursuant to the provisions of Article 299-4, paragraph (3) or (8) or the person's relative is likely to be harmed, or either of these persons is likely to be threatened or confused, and also finds it appropriate after hearing the opinions of the public prosecutor and the defendant's defense counsel, the court may, when the defense counsel inspects or copies documents or articles of evidence relating to the trial pursuant to the provisions of Article 40, paragraph (1) or Article 40-2, paragraph (1), prohibit the defense counsel from inspecting or copying the part of these documents or articles, in which the name or address of the person pertaining to those measures is included or recorded, or set a condition that the defense counsel must not notify the defendant of that name or address or designate the time or method of notification to the defendant; provided, however, that this does not apply when the prohibition, condition or designation makes it impossible to confirm whether or not the person pertaining to those measures has an interest in the defendant or other persons concerned, which may contribute to the determination of the probative value of that person's statement, or otherwise is likely to substantially harm the defense of the defendant.

If a court finds that the body or property of any person pertaining to the measures taken by a public prosecutor pursuant to the provisions of Article 299-4, paragraph (1) or (6) or those taken by the court pursuant to the provisions of paragraph (3) of the preceding Article (hereinafter referred to as the "person subject to measures" in this paragraph), or a relative of the person subject to measures, is likely to be harmed, or either of these persons is likely to be threatened or confused, and a request set forth in one of the following items has been made by the defense counsel, and also finds it appropriate after hearing the opinions of the public prosecutor and the defense counsel, the court may take the measure specified in the relevant item; provided, however, that this does not apply when the condition or designation makes it impossible to confirm whether or not the person subject to measures has an interest in the defendant or other persons concerned, which may contribute to the determination of the probative value of that person's statement, or otherwise is likely to substantially harm the defense of the defendant.

A request under Article 46, paragraph (1): when delivering to the defense counsel a transcript or an extract of the written decision or the trial record in which the judicial decision is recorded, setting a condition that the defense counsel must not notify the defendant of the name or address of the person subject to measures, which is stated in them, or designating the time or method of notification to the defendant;

A request under Article 46, paragraph (2): when providing to the defense counsel the document or electronic or magnetic record prescribed in that paragraph, setting a condition that the defense counsel must not notify the defendant of the name or address of the person subject to measures, which is stated or recorded in them, or designating the time or method of notification to the defendant.

If a court finds that the body or property of any person pertaining to the measures taken by a public prosecutor pursuant to the provisions of Article 299-4, paragraph (3) or (8) (hereinafter in this paragraph referred to as the "person subject to measures") or a relative of the person subject to measures is likely to be harmed, or either of these persons is likely to be threatened or confused, and a request set forth in one of the following items has been made by the defense counsel, and also finds it appropriate after hearing the opinions of the public prosecutor and the defense counsel, the court may take the measure specified in the relevant item; provided, however, that this does not apply when the measure makes it impossible to confirm whether or not the person subject to measures has an interest in the defendant or other persons concerned, which may contribute to the determination of the probative value of that person's statement, or otherwise is likely to substantially harm the defense of the defendant.

a request under Article 46, paragraph (1): either of the measures set forth in (a) or (b):

delivering an extract of the written decision or the trial record in which the judicial decision is recorded that does not state the name or address of the person subject to measures;

taking the measure specified in item (i) of the preceding paragraph;

a request under Article 46, paragraph (2): either of the measures set forth in (a) or (b):

providing a document or electronic or magnetic record in which part of the particulars recorded in the written decision or record prescribed in Article 46, paragraph (2) is written or recorded (limited to one that does not state or record the name or address of the person subject to measures), and for which it has been certified that its contents are identical to the particulars recorded in that written decision or record;

taking the measure specified in item (ii) of the preceding paragraph.

If a court finds that the body or property of any person pertaining to the measures taken by a public prosecutor pursuant to the provisions of Article 299-4, paragraph (1), (3), (6) or (8) or those taken by the court pursuant to the provisions of paragraph (3) of the preceding Article (hereinafter in this paragraph referred to as the "person subject to measures") or a relative of the person subject to measures is likely to be harmed, or either of these persons is likely to be threatened or confused, and a request set forth in one of the following items has been made by the defendant or any other person concerned in a case (excluding the public prosecutor and the defense counsel), and also finds it appropriate after hearing the opinions of the public prosecutor and the defendant or other person concerned in the case who made the request, the court may take the measure specified in the relevant item; provided, however, that this does not apply when it makes it impossible to confirm whether or not the person subject to measures has an interest in the defendant or other persons concerned, which may contribute to the determination of the probative value of that person's statement, or otherwise is likely to substantially harm the defense of the defendant.

a request under Article 46, paragraph (1): taking the measure set forth in item (i), (a) of the preceding paragraph;

a request under Article 46, paragraph (2): taking the measure set forth in item (ii), (a) of the preceding paragraph.

If a court finds that the body or property of any person pertaining to the measures taken by a public prosecutor pursuant to the provisions of Article 299-4, paragraph (1), (3), (6) or (8) or those taken by the court pursuant to the provisions of paragraph (3) of the preceding Article (hereinafter in this paragraph referred to as the "person subject to measures") or a relative of the person subject to measures is likely to be harmed, or either of these persons is likely to be threatened or confused, and also finds it appropriate after hearing the opinions of the public prosecutor and the defendant, the court may, when the defendant inspects what displays the contents of the trial records or views and listens to what reproduces their contents, or requests that their contents be read aloud, pursuant to the provisions of Article 49, prohibit the defendant from inspecting or viewing and listening to the part of these records, in which the name or address of the person subject to measures is included or recorded, or refuse the request for reading of that part; provided, however, that this does not apply when the prohibition or refusal makes it impossible to confirm whether or not the person subject to measures has an interest in the defendant or other persons concerned, which may contribute to the determination of the probative value of that person's statement, or otherwise is likely to substantially harm the defense of the defendant.

If a defense counsel violates the condition or fails to obey the time or method designated pursuant to the provisions of Article 299-4, paragraph (1), (2), (6) or (7), a public prosecutor may, when the defense counsel is an attorney, notify the bar association to which the attorney belongs or the Japan Federation of Bar Associations, and request that appropriate measures be taken.

If a defense counsel violates the condition or fails to obey the time or method designated pursuant to the provisions of Article 299-5, paragraph (3) or (4), or paragraphs (1) through (4) of the preceding Article, a court may, when the defense counsel is an attorney, notify the bar association to which the attorney belongs or the Japan Federation of Bar Associations, and request that appropriate measures be taken.

A person who has received a request pursuant to the provisions of the preceding two paragraphs must notify the public prosecutor or court that has made the request of measures the person has taken.

The public prosecutor must request the examination of documents or electronic or magnetic records admissible pursuant to the provisions of the latter part of Article 321, paragraph (1), item (ii).

When the statement of a defendant admissible pursuant to the provisions of Article 322 and Article 324, paragraph (1) is a confession, its examination may not be requested until after the other evidence for fact finding constituting the offense has been examined.