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.