Code of Criminal Procedure

In the following cases, when a witness, an expert witness, an interpreter, a translator or a person who has made a statement in recorded statement documents (meaning written statements (including electronic or magnetic records; the same applies in Article 321, paragraph (1) and Article 322, paragraph (1)), statements recorded and taken down in a document or electronic or magnetic record that bears the signature or seal of the person making the statements or for which a measure prescribed by the Rules of Court in place of the signature or seal of the person making the statements has been taken, or electronic or magnetic records in which statements have been recorded by means of audio or video recording; the same applies hereinafter) (hereinafter referred to as the "witness or the like" in this paragraph) makes a request and a court finds it appropriate after hearing the opinions of the public prosecutor and the defendant or the defense counsel, the court may render a ruling to the effect that particulars identifying the witness or the like (meaning the name and address of or other particulars which will identify the witness or the like; the same applies hereinafter) should not be disclosed in an open court:

when the court finds that the body or property of the witness or the like or that person's relative is likely to be harmed or either of these persons is likely to be threatened or confused through the disclosure of particulars identifying the witness or the like in an open court; or

in addition to the case set forth in the preceding item, when the court finds that the reputation or peaceful social life of the witness or the like is likely to be seriously harmed through the disclosure of particulars identifying the witness or the like in an open court.

When a court comes to find that it is inappropriate for particulars identifying the witness or the like not to be disclosed in an open court with regard to a case where a ruling has been rendered under the preceding paragraph, the court must render a ruling to revoke the ruling rendered under the same paragraph.

A public prosecutor must first read aloud, in accordance with the category of cases set forth in the following items, what is specified in the relevant item.

Where prosecution is instituted by the method under Article 54-2, paragraph (1): the matters to be stated in the charging sheet that are recorded in the file (in the case of the proviso to Article 54-4, the recording medium prescribed in that Article);

Where prosecution is instituted by submitting the charging sheet: the charging sheet.

When a ruling is rendered under Article 290-2, paragraph (1) or paragraph (3), the reading aloud under the preceding paragraph shall be conducted by a method whereby particulars identifying the victim are not disclosed. In this case, the public prosecutor must take, with respect to the defendant, the measure specified in the relevant item in accordance with the category of cases set forth in the following items.

Where prosecution is instituted by the method under Article 54-2, paragraph (1): showing, as prescribed by the Rules of Court, what is specified in item (i) of the preceding paragraph by displaying it on the screen of a computer, on paper or on anything else;

Where prosecution is instituted by submitting the charging sheet: showing the charging sheet.

The preceding paragraph also applies to the reading under paragraph (1), when a ruling is rendered under paragraph (1) of the preceding Article. In this case, the term "particulars identifying the victim" in the preceding paragraph is replaced with "particulars identifying the witness or the like."

Where measures have been taken under Article 271-2, paragraph (4), the provisions of the second sentence of paragraph (2) (including the case where it is to be treated in the same way as the second sentence of paragraph (2) pursuant to the first sentence of the preceding paragraph) do not apply, except where a ruling under Article 271-5, paragraph (1) has been made as to all of the particulars identifying an individual pertaining to those measures.

Where a ruling under Article 290-2, paragraph (1) or paragraph (3) or under paragraph (1) of the preceding Article has been made and measures have been taken under Article 271-2, paragraph (4), if a ruling under Article 271-5, paragraph (1) has been made as to part of the particulars identifying an individual pertaining to those measures, the public prosecutor must, with respect to the defendant, take the measure specified in the relevant item in accordance with the category of cases set forth in the following items, and also show, as prescribed by the Rules of Court, the content of the electronic or magnetic record prescribed in paragraph (4) of that Article by displaying it on the screen of a computer, on paper or on anything else, or show the document prescribed in that paragraph.

Where a request under Article 271-2, paragraph (1) is made by the method under Article 54-2, paragraph (1): showing, as prescribed by the Rules of Court, the matters to be stated in the extract of the charging sheet, etc. that are recorded in the file (in the case of the proviso to Article 54-4, the recording medium prescribed in that Article) by displaying them on the screen of a computer, on paper or on anything else;

Where a request under Article 271-2, paragraph (1) is made by submitting the extract of the charging sheet, etc.: showing the extract of the charging sheet, etc.

After the reading aloud under paragraph (1) has ended, the presiding judge must notify the defendant that the defendant may remain silent at all times or refuse to answer individual questions, and of other necessary matters provided in the Rules of Court to protect the rights of the defendant, and then give the defendant and the defense counsel an opportunity to make a statement concerning the case under public prosecution.

When the defendant enters a guilty plea for a count stated in the charging sheet during the proceedings under paragraph (6) of the preceding Article, a court may, upon hearing the opinions of the public prosecutor, the defendant and the defense counsel, render a ruling to try the case by a summary criminal trial only with regard to the counts for which the defendant enters a guilty plea; provided, however, that this does not apply to cases punishable by the death penalty, life imprisonment, or imprisonment whose minimum term is one year or more.

The court must, when the ruling of the preceding Article has been made for a case but the court deems it impossible or inappropriate for the case to be tried by a summary criminal trial, rescind that ruling.

Evidence is examined after the proceeding prescribed in Article 291; provided however, that this does not apply to the proceeding to be conducted for the arrangement of issues and evidence in the pretrial arrangement proceeding provided for in Subsection 1 of the following Section.

The court is to, when a request is made by the victim or others, or the legal representative of such victim to state an opinion on the sentiments or other opinions relating to the case, have them state their opinions on the trial date.

A request for the statement of opinions prescribed in the preceding paragraph must be made to the public prosecutor in advance. In this case, the public prosecutor is to notify this to the court together with the prosecutor's opinion.

The presiding judge or the associate judges may, after the victim or others, or the legal representative of such victim have stated their opinions, question them in order to clarify the purport of the statements.

The persons concerned in the case may, after the victim or others, or the legal representative of such victim have stated their opinions, question them in order to clarify the purport of their statements, with notification to the presiding judge.

The presiding judge may place restrictions on statements of opinion by the victim or others, or the legal representative of such victim or questions to be asked by persons concerned in the case to the victim or others, or legal representatives of such victim which overlap with previous statements or questions, or which are irrelevant to the case, or are otherwise inappropriate.

The provisions of Article 157-4, Article 157-5, and Article 157-6, paragraph (1), paragraph (2) (excluding the part pertaining to item (viii)), and paragraph (3) apply mutatis mutandis to the statement of opinions pursuant to the provisions of paragraph (1).

The court may, when it deems it inappropriate, considering the state of the proceedings and other circumstances, have the victim or others, or the legal representative of such victim submit opinions in writing in lieu of the statement under paragraph (1), or prohibit the making of the statement under that paragraph.

In the cases set forth in the following items, the presiding judge must make clear on the trial date that the opinion has been submitted. In this case, the presiding judge may, when said judge finds it appropriate, read out what is specified in the relevant item or give an outline thereof.

Where the submission of an opinion under the preceding paragraph has been made in writing: that document;

Where the submission of an opinion under the preceding paragraph has been made by the method under Article 54-2, paragraph (1): that opinion recorded in the file (in the case of the proviso to Article 54-4, the recording medium prescribed in that Article).

The statement pursuant to the provisions of paragraph (1) or the opinion submitted pursuant to the provisions of paragraph (7) may not be used as evidence for fact finding of the crime.

After the examination of evidence, the public prosecutor must state opinions on the finding of facts and the application of law.

The defendant and the defense counsel may state their opinions.

The presiding judge has control over the trial proceedings on the trial date.

The presiding judge may limit any questions or statements by persons concerned in the case when their questions or statements overlap with previous questions or statements, are irrelevant to the case, or are otherwise inappropriate, insofar as this does not violate the essential rights of those persons. The same applies when the defendant is questioned by persons concerned in the case.

When examining a witness, an expert witness, an interpreter or a translator, if the presiding judge finds that there is a risk that the body or property of these persons or their relatives may be harmed, threatened or confused and that the witness, expert witness, interpreter or translator will not be able to give full testimony if said person's address or work place or other particulars specifying the ordinary whereabouts of these persons are disclosed, the presiding judge may limit the questions concerning these particulars; provided however, that this does not apply when limitations on the public prosecutor's examination may interfere considerably with proving the case, or when limitations on the examination by the defendant or the defense counsel may substantially harm the defense of the defendant.

The presiding judge may limit any questions or statements, if the ruling set forth under Article 290-2, paragraph (1) or paragraph (3) has been rendered, and the questions or statements by persons concerned in the case lead to particulars identifying the victim except in cases where placing restrictions may interfere considerably with proving the case or may substantially harm the defense of the defendant. The same applies when the defendant is questioned by persons concerned in the case.

The preceding paragraph also applies to questions or statements made by persons concerned in the case, or an act of persons concerned in the case seeking a statement from the defendant, in the case where a ruling under Article 290-3, paragraph (1) has been rendered. In this case, the term "particulars identifying the victim" in the same paragraph is replaced with "particulars identifying the witness or the like."

If the public prosecutor or attorney acting as a defense counsel, who is subject to an order pursuant to the provisions of the preceding paragraphs, disobeys the order, a court may notify the person with authority to direct and supervise that public prosecutor or the bar association to which that attorney belongs or the Japan Federation of Bar Associations, and request that appropriate measures be taken.

A person who has received a request pursuant to the provisions of the preceding paragraph must notify the court of measures the person has taken.