Code of Criminal Procedure

With regard to the following cases, when a public prosecutor requests the examination of a document or electronic or magnetic record that may be used as evidence pursuant to the provisions of Article 322, paragraph (1), has been prepared in conducting an interrogation pursuant to the provisions of Article 198, paragraph (1) (limited to the interrogation of the suspect under arrest or detention; the same applies in paragraph (3)) or giving an opportunity for explanation under the provisions of paragraph (1) of Article 203, 204 or 205 (including cases when these provisions are applied mutatis mutandis pursuant to the provisions of Articles 211 and 216; the same applies in paragraph (3)) with regard to that case and contains an admission of a fact disadvantageous to the defendant, and the defendant or the defense counsel raises an objection relating to the request for the examination on the grounds that the admission is suspected of not being made voluntarily, the public prosecutor must request the examination of the electronic or magnetic record on which statements made by the defendant during the period from the commencement of the interrogation or opportunity for explanation in which that document or electronic or magnetic record has been prepared to completion thereof and the circumstances are recorded pursuant to the provisions of paragraph (4) (hereinafter in this paragraph and the following paragraph referred to as the "record of statements and their circumstances"), to prove that the admission is voluntarily made; provided, however, that this does not apply when there is no record of statements and their circumstances due to absence of recording under paragraph (4) as the case falling under one of items of the same paragraph, or other unavoidable circumstances:

a case involving a crime punishable by the death penalty or imprisonment for life;

a case involving a crime punishable by imprisonment whose minimum term is one year or more and causing death to the victim through an intentional criminal act; or

any case other than cases referred or sent by judicial police officers (excluding those set forth in the preceding two items).

If a public prosecutor fails to request the examination of the record of statements and their circumstances in violation of the provisions of the preceding paragraph, a court must render a ruling to dismiss the request for examination of the document or electronic or magnetic record provided in the same paragraph.

The provisions of the preceding two paragraphs apply mutatis mutandis when the defendant or the defense counsel raises an objection with regard to the case set forth in one of items of paragraph (1) against the use as evidence of the statement that has been made by any person other than the defendant, which may be used as evidence pursuant to the provisions of Article 322, paragraph (1) as applied mutatis mutandis pursuant to Article 324, paragraph (1), and contains any statement made by the defendant in the interrogation with regard to that case pursuant to the provisions of Article 198, paragraph (1) or in the opportunity for explanation under paragraph (1) of Article 203, 204 or 205 (limited to that containing an admission of a fact disadvantageous to the defendant), on the grounds that the admission is suspected of not being made voluntarily.

When a public prosecutor or a public prosecutor's assistant officer interrogates a suspect under arrest or detention pursuant to the provisions of Article 198, paragraph (1) with regard to the case set forth in one of items of paragraph (1) (excluding cases set forth in item (iii) of the same paragraph for which a related case has been referred or sent and which are expected to be referred or sent by a judicial police officer in light of the actual investigation conducted by the judicial police officer and other circumstances), or gives the suspect an opportunity for explanation pursuant to the provisions of paragraph (1) of Article 204 or 205 (including cases when these provisions are applied mutatis mutandis pursuant to Articles 211 and 216), the public prosecutor or public prosecutor's assistant officer must record statements made by the suspect and the circumstances as an electronic or magnetic record by a method of recording sound and images simultaneously, except in a case falling under one of the following items; the same applies when a judicial police official interrogates a suspect under arrest or detention pursuant to the provisions of Article 198, paragraph (1) or gives the suspect an opportunity for explanation pursuant to the provisions of Article 203, paragraph (1) (including cases when these provisions are applied mutatis mutandis pursuant to Articles 211 and 216) with regard to the case set forth in paragraph (1), item (i) or (ii):

when it is unable to record due to malfunction of the equipment necessary for recording or other unavoidable circumstances;

when it is found that the suspect may not make a sufficient statement if it is recorded due to the suspect's refusal of recording and other behavior of the suspect;

when it is found that the case is related to any crime committed by a member of an organized crime group designated by a Prefectural Public Safety Commission pursuant to the provisions of Article 3 of the Act on Prevention of Unjust Acts by Organized Crime Group Members (Act No. 77 of 1991); or

in addition to those set forth in the preceding two items, in light of the nature of the crime, behavior of persons concerned, character of the group of which the suspect is a member and other circumstances, when it is found that the suspect may not make a sufficient statement if it is recorded due to the likelihood that the body or property of the suspect or the suspect's relative may be harmed or either of these persons may be threatened or confused should the statement made by the suspect and the circumstances be disclosed.

When the documents or electronic or magnetic records admissible pursuant to the provisions of Articles 321 to 323 or Article 326 are part of the investigation records, the public prosecutor must, insofar as possible, have them separated from the other records, and request examination.

With regard to the document or electronic or magnetic record recording the results of the examination of witnesses or other persons, inspection, seizure (including an order to provide electronic or magnetic records (limited to one ordering that the records be provided by the method listed in Article 102-2, paragraph (1), item (i), (a))), search and an order to provide electronic or magnetic records (limited to one ordering that the records be provided by the method listed in (b) of that item) (including causing the provision of electronic or magnetic records by that order to provide electronic or magnetic records) conducted in trial preparation, and the articles seized and the electronic or magnetic records provided by an order to provide electronic or magnetic records (limited to one ordering that the records be provided by the method listed in (b) of that item), the court must examine them on the trial date as documentary evidence or articles of evidence.

Witnesses, expert witnesses, interpreters or translators are first examined by the presiding judge or an associate judge.

The public prosecutor, the defendant or the defense counsel may, by notifying the presiding judge, examine the witness, expert witness, interpreter or translator after the examination prescribed in the preceding paragraph. In this case, when the examination of the witness, expert witness, interpreter or translator pertains to the request of the public prosecutor, the defendant or the defense counsel, the one who made the request examines them first.

The court may, if it deems it appropriate, change the order of the examination prescribed in the preceding two paragraphs, upon hearing the opinions of the public prosecutor and the defendant or the defense counsel.

When a court examines a witness and finds that the witness feels pressure and is unable to give sufficient testimony in the presence of the defendant (including cases when the measures provided in Article 157-5, paragraph (1) are taken and cases using means that allows the recognition of each other's presence and communication through the transmission of images and sound), the court may have the defendant leave the courtroom during the testimony of the witness, after hearing the opinions of the public prosecutor and the defense counsel, only when the defense counsel is present. In this case, after the witness has testified, the court must have the defendant enter the courtroom, notify the defendant of an outline of the testimony and give the defendant an opportunity to examine the witness.

When a court examines documentary evidence upon request from a public prosecutor, the defendant or the defense counsel, the presiding judge must order the person who has made the request to read the documents aloud; provided, however, that the presiding judge may personally read them aloud, or have an associate judge or a court clerk do so.

When a court examines documentary evidence ex officio, the presiding judge must personally read the documents aloud, or have an associate judge or a court clerk do so.

When a ruling under Article 290-2, paragraph (1) or (3) is rendered, reading documentary evidence aloud pursuant to the preceding two paragraphs shall be conducted by a method whereby particulars identifying the victim are not disclosed.

The preceding paragraph also applies to the reading of documentary evidence pursuant to the provisions of paragraph (1) or (2), when a ruling is rendered under Article 290-3, paragraph (1). In this case, the term "particulars identifying the victim" in the same paragraph is replaced with "particulars identifying the witness or the like."

When examining material evidence upon the request of the public prosecutor, the defendant or the defense counsel, the presiding judge must order the person who has made that request to display it; provided however, that the presiding judge may personally display the evidence, or order an associate judge or court clerk to do so.

When examining material evidence ex officio, the presiding judge must personally display the evidence to the persons concerned in the case or order an associate judge or court clerk to do so.

Material evidence whose purport as a document serves as evidence is examined pursuant to the preceding Article and Article 305.

When a court examines electronic or magnetic records upon request from a public prosecutor, the defendant or the defense counsel, the presiding judge must, depending on the matters that are to constitute evidence, order the person who has made the request for the examination to read the content aloud, display it or play it back; provided, however, that the presiding judge may personally take these measures, or have an associate judge or a court clerk take them.

When a court examines electronic or magnetic records ex officio, the presiding judge must personally take the measures prescribed in the preceding paragraph, or have an associate judge or a court clerk take these measures.

The provisions of Article 305, paragraphs (3) and (4) apply mutatis mutandis to the measures under the preceding two paragraphs.

Notwithstanding the provisions of Article 305, paragraphs (1) and (2) and the provisions of paragraphs (1) and (2), in the examination of a record, part of which contains an electronic or magnetic record pursuant to the provisions of Article 157-6, paragraph (5), the content of the electronic or magnetic record that is part of that record is to be played; provided, however, that the presiding judge may, when finding it appropriate after hearing the opinions of a public prosecutor and the defendant or the defense counsel, order the person who has requested the examination of that record, an associate judge or a court clerk to state, or personally state the content of the statement recorded in the record, in lieu of playing that content.

When a court plays the content of the electronic or magnetic record provided in Article 157-6, paragraph (5) pursuant to the provisions of the preceding paragraph and finds it necessary, the court may take the measures provided in Article 157-5, after hearing the opinions of a public prosecutor and the defendant or the defense counsel.