Code of Criminal Procedure

When granting bail, if the court finds it necessary to ascertain the defendant's position and the time pertaining to that position in order to prevent the defendant from fleeing out of the country, it may order the defendant to wear on the defendant's body a location measurement device (meaning a computer worn on a person's body that is used for the measurement of the position of that computer and the time pertaining to that position using signals emitted from artificial satellites or other signals supplementing them (referred to as "satellite signals, etc." in paragraph (3), item (i)) (hereinafter referred to as "location measurement"); the same applies hereinafter).

When making an order under the preceding paragraph (hereinafter referred to as an "order to wear a location measurement device"), the court is to specify an area in which the person who received the order to wear a location measurement device must not be located, being an area around an airport or port facilities or any other area that the person would enter when leaving Japan (hereinafter referred to as the "prohibited area").

A location measurement device must have the following functions and structure:

a function of receiving the satellite signals, etc. necessary for location measurement;

a function of detecting the occurrence of any of the following events:

the location measurement device has become detached from the body of the person on whom it was worn;

an event specified by the Rules of Court as one that may cause an interruption of the transmission of signals conducted in relation to location measurement (hereinafter referred to as "location measurement communications") pertaining to the location measurement device;

the event set forth in (b) has ceased to exist;

in addition to those set forth in (a) through (c), an event specified by the Rules of Court as one that the location measurement device should detect in order to prevent the person on whom the location measurement device is worn from leaving Japan or to ascertain that person's position;

a function of, when the occurrence of an event set forth in the preceding item is detected, immediately and automatically notifying the person on whom the location measurement device is worn of the occurrence of that event, and transmitting the signals necessary for confirming the occurrence of that event at the viewing equipment set forth in paragraph (5) to that viewing equipment, either directly or via the location measurement equipment set forth in the following paragraph;

a structure that, when worn on a person's body, makes it difficult to remove the device from that person's body without damaging all or part of it; and

in addition to those set forth in the preceding items, functions or structure necessary in relation to location measurement as specified by the Rules of Court.

In location measurement, telecommunications equipment that has the following functions and is specified by the Rules of Court (referred to as "location measurement equipment" in item (i) and Article 98-15, paragraph (1)) is to be used:

a function of detecting the occurrence of any of the following events:

the location measurement device is located within the prohibited area;

an event specified by the Rules of Court as one that may cause an interruption of location measurement communications pertaining to the location measurement equipment;

the event set forth in (b) has ceased to exist;

in addition to those set forth in (a) through (c), an event specified by the Rules of Court as one that the location measurement equipment should detect in order to prevent the person on whom the location measurement device is worn from leaving Japan or to ascertain that person's position;

a function of, when the occurrence of an event set forth in the preceding item is detected, immediately and automatically notifying the person on whom the location measurement device is worn of the occurrence of that event, and transmitting the signals necessary for confirming the occurrence of that event at the viewing equipment set forth in the following paragraph to that viewing equipment.

In location measurement, telecommunications equipment (hereinafter referred to as "viewing equipment") that has the function of enabling the court to display and view device location information (meaning information on the position of the location measurement device obtained by location measurement and the time pertaining to that position; the same applies hereinafter) and to confirm the occurrence of any of the following events by receiving the signals referred to in paragraph (3), item (iii) or item (ii) of the preceding paragraph is to be used:

the event set forth in paragraph (3), item (ii), (a);

the event set forth in item (i), (a) of the preceding paragraph;

the event set forth in paragraph (3), item (ii), (b) or item (i), (b) of the preceding paragraph;

the event set forth in paragraph (3), item (ii), (c) or item (i), (c) of the preceding paragraph;

the event set forth in paragraph (3), item (ii), (d) or item (i), (d) of the preceding paragraph.

A court clerk or other court staff member is to attach the location measurement device to the body of the person who received the order to wear a location measurement device, under the direction of the court.

When an order to wear a location measurement device has been made, a ruling to grant bail may not be executed until after the location measurement device has been worn pursuant to the preceding paragraph.

A person who has received an order to wear a location measurement device must comply with the following matters:

not being located within the prohibited area;

continuing to wear the location measurement device on the person's own body;

not committing any of the following acts:

an act of damaging the location measurement device worn on the person's own body;

an act of interfering with location measurement communications;

in addition to those set forth in (a) and (b), an act specified by the Rules of Court as one likely to impede the ascertainment, by means of the location measurement device, of the position of the person who has received the order to wear a location measurement device;

carrying out, by the method specified by the court, the management necessary to maintain the functions of the location measurement device, such as charging it;

upon learning that location measurement communications specified by the Rules of Court are not being conducted in the location measurement device worn on the person's own body, reporting to the court without delay the matters specified by the Rules of Court as necessary for taking measures to restore location measurement communications, such as the presence or absence and extent of damage to or functional impairment of that location measurement device, the remaining battery charge, and the person's present place.

When the court finds it necessary in order to take measures necessary for ascertaining, by means of the location measurement device, the position of the person who has received the order to wear a location measurement device, such as restoring location measurement communications, it may order that person to appear at the date, time and place specified by the court.

When the court finds it necessary for unavoidable reasons, it may permit a person who has received an order to wear a location measurement device to be located within the prohibited area, by specifying a period. In this case, with regard to being located within the prohibited area during that period, the provisions of paragraph (1) of the preceding Article (limited to the part pertaining to item (i)) do not apply, and the court is to suspend the detection, by the location measurement equipment, of the occurrence of the event set forth in Article 98-12, paragraph (4), item (i), (a).

The start and end of the period referred to in the first sentence of the preceding paragraph must be specified by date and time.

The court may extend the period referred to in the first sentence of paragraph (1) when it finds it necessary.

When the court finds, with regard to a person who has received permission under the first sentence of paragraph (1), that it has ceased to be necessary for the person to be located within the prohibited area until the date and time specified as the end of the period during which the person may be located within the prohibited area, it may shorten that period.

The provisions of paragraph (2) apply mutatis mutandis to the extension or shortening of a period under the preceding two paragraphs. In this case, the phrase "start and end" in paragraph (2) is deemed to be replaced with "end".

When the court finds it necessary for unavoidable reasons, it may permit a person who has received an order to wear a location measurement device not to wear the location measurement device on the person's own body, by specifying a period.

A permission under the preceding paragraph takes effect only after the location measurement device has been removed from the body of the person who has received the permission.

The location measurement device worn on the body of a person who has received permission under paragraph (6) is to be removed by a court clerk or other court staff member under the direction of the court.

The provisions of paragraph (1) of the preceding Article (limited to the part pertaining to items (ii) through (v)) do not apply during the period referred to in paragraph (6).

In specifying the period referred to in paragraph (6), the end of that period must be specified by date and time, and the place where the person is to appear in order to wear the location measurement device at that date and time must also be specified.

The court may extend the period referred to in paragraph (6) when it finds it necessary. In this case, the provisions of the preceding paragraph apply mutatis mutandis.

When the court finds, with regard to a person who has received permission under paragraph (6), that it has ceased to be necessary for the person not to wear the location measurement device on the person's own body until the date and time specified as the end of the period during which the person may refrain from wearing it, it may shorten that period. In this case, the provisions of paragraph (10) apply mutatis mutandis.

When it has ceased to be necessary to have the location measurement device worn, the court must rescind the order to wear a location measurement device by ruling, upon request from the public prosecutor, the person who has received the order to wear a location measurement device or the defense counsel, or ex officio. In this case, the location measurement device must be removed, as promptly as possible, from the body of the person whose order to wear a location measurement device has been rescinded.

The provisions of paragraph (8) of the preceding Article apply mutatis mutandis to the removal of the location measurement device under the second sentence of the preceding paragraph.

An order to wear a location measurement device loses its effect in the following cases:

when, in the case where bail has been rescinded, the person has been confined in a penal institution pursuant to Article 98, paragraph (1) or (2);

when, in the case where a judgment sentencing the defendant to imprisonment or a heavier penalty has been pronounced, the person has been confined in a penal institution pursuant to Article 98, paragraph (1) or (2) as applied mutatis mutandis pursuant to the first sentence of Article 343, paragraph (2) (including cases where applied mutatis mutandis pursuant to Article 404; the same applies in Article 98-20, paragraph (5), item (ii));

when, in the case where a judgment sentencing the defendant to imprisonment or a heavier penalty, or a judgment sentencing the defendant to penal detention, has been pronounced, execution of the sentence under that judgment has begun;

when notification has been given of a judicial decision of acquittal, dismissal by a bar to prosecution, exculpation, a wholly suspended sentence, dismissal of prosecution (except as provided in Article 338, item (iv) (including cases where applied mutatis mutandis pursuant to Article 404)), a fine or a petty fine, or a judicial decision to rescind detention;

when the detention warrant has lost its effect (excluding the case where the judgment set forth in item (iii) has become final and binding and the case set forth in the preceding item).

When an order to wear a location measurement device has lost its effect pursuant to the preceding paragraph, the location measurement device must be removed, as promptly as possible, from the body of the person whose order to wear a location measurement device has lost its effect.

The provisions of Article 98-15, paragraph (8) apply mutatis mutandis to the removal of the location measurement device under the preceding paragraph.

Notwithstanding Article 98-15, paragraph (8) as applied mutatis mutandis pursuant to the preceding paragraph, when removing the location measurement device from the body of a person confined in a penal institution pursuant to paragraph (2), the court may direct an official of the penal institution to do so.

When the court finds that a defendant who has received an order to wear a location measurement device falls under any of the following items, it may rescind bail by ruling, upon request from the public prosecutor or ex officio.

when the defendant has been located within the prohibited area without justifiable grounds and without permission under the first sentence of Article 98-15, paragraph (1);

when the defendant, without permission under Article 98-15, paragraph (6) and without justifiable grounds, has removed the location measurement device from the defendant's own body or has not worn it;

when the defendant has, without justifiable grounds, committed any of the acts set forth in Article 98-14, paragraph (1), item (iii), (a) through (c);

when the defendant has, without justifiable grounds, failed to carry out the management under Article 98-14, paragraph (1) (limited to the part pertaining to item (iv));

when the defendant has, without justifiable grounds, failed to make the report under Article 98-14, paragraph (1) (limited to the part pertaining to item (v)) or has made a false report;

when the defendant has been given the date, time and place under Article 98-14, paragraph (2) and has failed to appear at that date, time and place without justifiable grounds.

If the court rescinds bail pursuant to the preceding paragraph, it may make a ruling to sequester the whole or part of the bail bond.

Where a supervisor has been appointed, when bail is rescinded pursuant to the provisions of paragraph (1) (limited to the part pertaining to item (ii) (limited to where it applies by reason of failing to appear, at the date and time specified as the end of the period during which the person may refrain from wearing the location measurement device, at the place specified as the place where the person is to appear in order to wear the location measurement device at that date and time) and item (vi)), the court may make a ruling to sequester the whole or part of the supervision bond.

The court may subpoena a defendant who has received an order to wear a location measurement device, upon request from the public prosecutor or ex officio, when it finds that the defendant falls under any of the following items; provided, however, that this does not apply when it finds that there is clearly no need for a subpoena.

when the occurrence of the event set forth in Article 98-12, paragraph (5), item (i) or item (ii) has been confirmed at the viewing equipment;

when, during the period from the confirmation at the viewing equipment of the occurrence of the event set forth in Article 98-12, paragraph (5), item (iii) until the time specified by the Rules of Court elapses, the occurrence of the event set forth in item (iv) of that paragraph cannot be confirmed and no report has been made under Article 98-14, paragraph (1) (limited to the part pertaining to item (v)).

When the court has confirmed at the viewing equipment the occurrence of any of the events set forth in Article 98-12, paragraph (5), items (i) through (v), it must notify the public prosecutor to that effect immediately.

When the court has confirmed at the viewing equipment the occurrence of any of the events set forth in Article 98-12, paragraph (5), items (i) through (iii) or item (v), it may display and view the device location information of the location measurement device pertaining to the occurrence of that event; provided, however, that, where the occurrence of the event set forth in item (iii) of that paragraph has been confirmed, this is limited to information from before the detection of the occurrence of that event, and where the occurrence of the event set forth in item (v) of that paragraph has been confirmed, this is limited to information from before the time specified by the Rules of Court for each such event.

When the public prosecutor has received a notice under paragraph (1), the public prosecutor may, with the permission of the court, display and view device location information in the same manner as under the preceding paragraph.

Where the court has requested a subpoena under the preceding Article pursuant to Article 66, paragraph (1), a public prosecutor of the public prosecutor's office that has jurisdiction over the place where the court to which the delegated judge is assigned is located may also, with the permission of the court or the delegated judge, display and view device location information in the same manner as under paragraph (2).

A public prosecutor, public prosecutor's assistant officer or judicial police official (in the case prescribed in the preceding paragraph, including a public prosecutor or public prosecutor's assistant officer of the public prosecutor's office that has jurisdiction over the place where the court to which the delegated judge is assigned is located, or a judicial police official who can perform duties in the place where that public prosecutor's office is located) may, with regard to a person who has received an order to wear a location measurement device, when the person falls under any of the following items and it is found necessary, with the permission of the court (in the case prescribed in that paragraph, the court or the delegated judge), display and view device location information pertaining to that person.

when executing a subpoena;

when confining a person in a penal institution pursuant to Article 98, paragraph (1) or (2) (including cases where these provisions are applied mutatis mutandis pursuant to the first sentence of Article 343, paragraph (2); the same applies in paragraph (3), item (ii) of the following Article).

The court may, to the extent necessary for the maintenance, inspection, repair and other management of the location measurement device and other telecommunications equipment used for location measurement, display and view the device location information of that location measurement device, or have a person whom it finds necessary for that management display and view it.

When it is difficult for the court itself to ascertain the events set forth in the items of Article 98-19, it may entrust in advance the authority concerning a subpoena under that Article to a judge of a court specified by the Rules of Court. In this case, the court may impose conditions it finds appropriate with regard to that subpoena.

A judge who has been entrusted with that authority under the preceding paragraph (hereinafter referred to as an "entrusted judge" in this Article) has the same authority as the court or the presiding judge regarding a subpoena under Article 98-19.

In the cases set forth in the following items, the persons specified respectively in those items may, when they find it necessary, with the permission of the entrusted judge (or, where the entrusted judge has requested a subpoena under Article 98-19 pursuant to Article 66, paragraph (1), the entrusted judge or the delegated judge), display and view device location information pertaining to a person who has received an order to wear a location measurement device.

when executing a subpoena: a public prosecutor or public prosecutor's assistant officer of the public prosecutor's office corresponding to the court to which the entrusted judge is assigned, a judicial police official who can perform duties in the place where that public prosecutor's office is located, the public prosecutor directing that execution, or the public prosecutor's assistant officer or judicial police official carrying out that execution;

when confining a person in a penal institution pursuant to Article 98, paragraph (1) or (2): a public prosecutor or public prosecutor's assistant officer of the public prosecutor's office corresponding to the court to which the entrusted judge is assigned, a judicial police official who can perform duties in the place where that public prosecutor's office is located, the public prosecutor directing that confinement, or the public prosecutor's assistant officer or judicial police official carrying out that confinement.

An entrusted judge may take the disposition under paragraph (6) of the preceding Article.

Device location information may not be viewed except in the cases of Article 98-20, paragraphs (2) through (6), paragraphs (3) and (4) of the preceding Article, and Article 489-2.

In a case requiring urgency, the presiding judge may take the dispositions under the provisions of Article 98-19 and Article 98-20, or may have a judge who is a member of a panel do so.

If a person who has received an order to wear a location measurement device falls under any of the following items, the person is punished by imprisonment for not more than one year.

when the person has been located within the prohibited area without justifiable grounds and without permission under the first sentence of Article 98-15, paragraph (1);

when the person, without permission under Article 98-15, paragraph (6) and without justifiable grounds, has removed the location measurement device from the person's own body or has not worn it;

when the person has, without justifiable grounds, committed any of the acts set forth in Article 98-14, paragraph (1), item (iii), (a) through (c).

If a person who has received an order to wear a location measurement device falls under any of the following items, the person is punished by imprisonment for not more than six months.

when the person has, without justifiable grounds, failed to make the report under Article 98-14, paragraph (1) (limited to the part pertaining to item (v)) or has made a false report;

when the person has been given the date, time and place under Article 98-14, paragraph (2) and has failed to appear at that date, time and place without justifiable grounds.

With regard to the application of Articles 98-12 through 98-17 and Article 98-20 after a judgment imposing imprisonment or a heavier penalty or a judgment imposing penal detention has become final and binding, the word "the court" in Article 98-12, paragraph (5), Article 98-14, paragraph (1), item (iv) and paragraph (2), Article 98-15, paragraphs (1), (3), (4), (6), (11) and (12), Article 98-16, paragraph (1), Article 98-17, paragraph (4), and Article 98-20, paragraphs (1), (3) and (6) is deemed to be replaced with "the court that rendered the judgment imposing imprisonment or a heavier penalty or the judgment imposing penal detention", the phrase "the direction of the court" in Article 98-13, paragraph (1) and Article 98-15, paragraph (8) is deemed to be replaced with "the direction of the court that rendered the judgment imposing imprisonment or a heavier penalty or the judgment imposing penal detention", and the phrase "to the court" in Article 98-14, paragraph (1), item (v) is deemed to be replaced with "to the court that rendered the judgment imposing imprisonment or a heavier penalty or the judgment imposing penal detention", and the provisions of Article 98-12, paragraphs (1) and (2) and Article 98-20, paragraphs (2), (4) and (5) do not apply.

The public prosecutor who directs the execution of a writ of commitment, or the public prosecutor's assistant officer or judicial police official who carries out that execution, may, when executing a writ of commitment with regard to a person who has received an order to wear a location measurement device and finds it necessary, with the permission of the court that rendered the judgment imposing imprisonment or a heavier penalty or the judgment imposing penal detention, display and view the device location information pertaining to that person.

When it is difficult for the court that rendered the judgment imposing imprisonment or a heavier penalty or the judgment imposing penal detention itself to give the notice under Article 98-20, paragraph (1), it may delegate in advance the authority concerning that notice and the permission for viewing device location information to a judge of a court specified by the Rules of Court. In this case, the following persons may, when they find it necessary, with the permission of the judge who received the delegation, display and view the device location information under the preceding paragraph.

a public prosecutor or public prosecutor's assistant officer of the public prosecutor's office corresponding to the court to which the judge who received the delegation is assigned, or a judicial police official who can perform duties in the place where that public prosecutor's office is located;

the public prosecutor who directs the execution of a writ of commitment, or the public prosecutor's assistant officer or judicial police official who carries out that execution.