Code of Criminal Procedure

In the examination of a witness, when it is found that the witness is likely to feel pressure and the witness's mental peace of mind is likely to be seriously harmed while testifying in the presence of the defendant (including cases using means that allows the recognition of each other's presence and communication through the transmission of images and sound) due to the nature of the crime, the witness's age, mental or physical condition or relationship with the defendant, or other circumstances, and a court finds it appropriate, the court may take measures so that it is impossible for the defendant and the witness to be aware of each other's presence either from one side or from both sides, after hearing the opinions of the public prosecutor and the defendant or the defense counsel; provided, however, that measures to make it impossible for the defendant to be aware of the presence of the witness may only be taken when the defense counsel is present.

In the examination of a witness, when a court finds it appropriate taking into account the nature of the crime, the witness's age or mental or physical condition, the effect on the witness's reputation, or other circumstances, the court may take measures so that it is impossible for court observers and the witness to be aware of each other's presence, after hearing the opinions of the public prosecutor and the defendant or the defense counsel.

In the examination of the person set forth in the following items as a witness, when a court finds it appropriate, the court may, after hearing the opinions of the public prosecutor and the defendant or the defense counsel, have the witness be present in a place located in the same premises other than the place where the judge and persons concerned in the case are present for the examination of the witness, and examine the witness by means that allows the recognition of each other's presence and communication through the transmission of images and sound:

the victim of 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 item), 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;

the victim of the crimes under Article 60, paragraph (1) of the Child Welfare Act (Act No. 164 of 1947) 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 (Act No. 52 of 1999), 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 (Act No. 67 of 2023); or

in addition to those set forth in the preceding two items, a person who is likely to feel pressure and the person's mental peace of mind is likely to be seriously harmed while testifying at the place where the judge and persons concerned in the case are present for the examination of the witness, due to the nature of the crime, the person's age, mental or physical condition or relationship with the defendant, or other circumstances.

In the examination of a witness (limited to a person who is in Japan; the same applies in this paragraph and the following paragraph), when a court finds it appropriate in the following cases, the court may, after hearing the opinions of the public prosecutor and the defendant or the defense counsel, have the witness be present in a place that it finds appropriate, such as a place within the premises of another court or any other place not in the same premises, and examine the witness by means that allows the recognition of each other's presence and communication through the transmission of images and sound:

when the court finds that the witness's peace of mind is likely to be seriously harmed if the witness appears in the same premises, due to the nature of the crime, the witness's age, mental or physical condition or relationship with the defendant, or other circumstances;

when the court finds that the body or property of the witness is likely to be harmed or the witness may be threatened or confused while moving to a place in the same premises to appear there;

when the court finds that the body or property of the witness or the witness's relative is likely to be harmed or either of these persons is likely to be threatened or confused due to the identification of the witness's address, workplace and other ordinary whereabouts by following the witness or other means while the witness moves after appearing in the same premises;

when the court finds that it is extremely difficult for the witness to appear at the same premises due to injury, illness or mental or physical disorder;

when the court finds it extremely difficult that the witness appears in the same premises due to the witness's residence in a remote place, and his/her age, occupation, physical condition or other circumstances;

when the witness is under physical restraint and the court finds that, due to the witness's age, mental or physical condition, the status of the implementation of treatment or other circumstances, the witness's peace of mind is likely to be seriously harmed by the travel accompanying appearance at the same premises, and that serious hindrance is likely to arise to the proper implementation of the witness's treatment;

when the witness is under physical restraint and the court finds that an act of taking the witness away or freeing the witness is likely to be committed during the travel accompanying appearance at the same premises;

when the testimony to be given by the witness pertains to expert examination, and the court finds that it is extremely difficult for the witness to appear at the same premises on the date and time of the examination due to the witness's occupation, health condition or other circumstances, and that examination on that date and time is particularly necessary due to the importance of the witness, the state of the proceedings or other circumstances.

In addition to the cases prescribed in the preceding two paragraphs, when examining a witness, the court may, if neither the public prosecutor nor the defendant has any objection to examining the witness by either of the means prescribed in the preceding two paragraphs, and the court finds it appropriate taking into consideration the importance of the witness, the necessity of examining the witness by that means and other circumstances, examine the witness by that means.

In the examination of a witness using the means provided in paragraph (1) or (2) (excluding the case of examination pursuant to the provisions of items (v) through (viii) of that paragraph), when it is considered that the witness will be requested to testify on the same facts again in another criminal procedure thereafter, and the consent of the witness is obtained, the court may, after hearing the opinions of the public prosecutor and the defendant or the defense counsel, record the examination and testimony of and the circumstances surrounding the witness as an electronic or magnetic record by the method of simultaneously making an audio recording and a video recording, and record it in the file.

The electronic or magnetic record recorded in the file pursuant to the provisions of the preceding paragraph is to be made part of the record.

The court may, after hearing the opinions of the public prosecutor and the defendant or the defense counsel, and when the court deems it to be necessary, taking into account the importance of the witness, said witness's age, occupation, physical condition and other circumstances and the gravity of the factual background, summon a witness for examination to a place outside of the court or examine said person at said person's present location.

In the case prescribed in the preceding paragraph, the court must give the public prosecutor, the defendant and the defense counsel an opportunity to know in advance of the particulars to be examined.

The public prosecutor and the defendant or the defense counsel may request the court to examine other necessary particulars in addition to the particulars for examination prescribed in the preceding paragraph.

The court must, when the public prosecutor, the defendant or the defense counsel was absent from the examination prescribed in the preceding Article, give said person an opportunity to know of the details of the testimony of the witness.

When the testimony of the witness prescribed in the preceding paragraph is unexpected and extremely disadvantageous to the defendant, the defendant or the defense counsel may request the court to examine other necessary additional particulars.

If the request prescribed in the preceding paragraph is deemed to be without good reason, the court may dismiss said request.

When a witness refuses to swear an oath or testify without a justifiable reason, the court may punish said person by making a ruling for a non-criminal fine of not more than 100,000 yen and order said person to compensate for the expenses incurred due to said refusal.

An immediate appeal against the ruling prescribed in the preceding paragraph may be filed.

Any person who refuses to swear an oath or testify without a justifiable reason is punished by imprisonment for not more than a year or a fine of not more than 300,000 yen.

The court may, when it is necessary, order the witness to be accompanied to a designated place by making a ruling. If said witness disobeys the order without a justifiable reason, the court may subpoena said witness.

When a witness is to be examined outside the court, the court may commission a judge of a panel to examine said witness, or delegate questioning to a judge of the district court, family court or summary court of the present location of said witness.

A delegated judge may re-delegate a judge of another district court, family court or summary court who has the competence to be delegated to.

A delegated judge may, when lacking the competence to handle delegated particulars, transfer them to a judge of another district court, family court or summary court who has the competence to be delegated to.

A commissioned or delegated judge may, with respect to examination of a witness, take the measures belonging to a court or a presiding judge; provided however, that the court also may render the rulings prescribed in Articles 150 and 160.

The proceedings provided in Article 158, paragraphs (2) and (3) and Article 159 must, notwithstanding the provisions of the preceding paragraph, be exercised by the court.

A witness may request travel expenses, a daily allowance and accommodation fees; provided however, that this does not apply when said witness refuses to swear an oath or testify without a justifiable reason.

If a witness has received payment of travel expenses, a daily allowance or accommodation fees in advance, but does not appear in court or refuses to swear an oath or testify without a justifiable reason, said witness must return all received expenses.