Code of Criminal Procedure

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when, in the case where bail has been rescinded, the person has been confined in a penal institution pursuant to Article 98, paragraph (1) or (2);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