Code of Criminal Procedure

At the beginning of the examination of evidence, the public prosecutor must state the facts that said prosecutor intends to prove through evidence; provided however, that said prosecutor may not make any statements from which prejudice or a preconception of the case is likely to arise based on materials which are not qualified for evidence or which are not intended to be requested for examination in the court.

The court may, upon hearing the opinions of the public prosecutor and the defendant or the defense counsel, determine the scope, order and method of the examination of evidence.

The court may have one of its collegiate members carry out the proceeding prescribed in the preceding paragraph.

The court may, at any time when it finds appropriate, upon hearing the opinions of the public prosecutor and the defendant or the defense counsel, change the scope, order or method of the examination of evidence determined pursuant to paragraph (1).

The public prosecutor, the defendant or the defense counsel may request examination of evidence.

The court may, when it finds necessary, examine evidence ex officio.

When requesting examination of a witness, expert witness, interpreter or translator, the public prosecutor, the defendant or the defense counsel must give the opponent an opportunity to learn of the name and address of that person in advance. When requesting examination of documentary evidence (including electronic or magnetic records; the same applies hereinafter except in Article 305) or material evidence, the public prosecutor, the defendant or the defense counsel must give the opponent an opportunity to inspect the evidence (where all or part of the documentary or material evidence is an electronic or magnetic record, with regard to that electronic or magnetic record, an opportunity to inspect what displays its contents or to view and listen to what reproduces its contents; the same applies in the following Article, Article 299-3 and Article 299-4, paragraphs (6) through (9)) in advance; provided however, that this does not apply when the opponent has no objection.

When the court rules to examine evidence ex officio, it must hear the opinion of the public prosecutor and the defendant or the defense counsel.

In giving an opportunity to learn of the name and address of a witness, an expert witness, an interpreter or a translator or to inspect documentary evidence or an article of evidence pursuant to the provisions of paragraph (1) of the preceding Article, when a public prosecutor or a defense counsel finds that the body or property of the witness, expert witness, interpreter, translator or a person whose name is included or recorded in the documentary evidence or article of evidence, or that person's relative is likely to be harmed, or any of these persons is likely to be threatened or confused, the public prosecutor or defense counsel may notify the opponent to that effect, and request that special care be taken so that particulars that may identify the address, workplace and other ordinary whereabouts of that person are not known by persons concerned (including the defendant) and the safety of that person is not otherwise threatened, unless those particulars are necessary for the proof or investigation of the crime, or the defense of the defendant.

When providing the opportunity to learn of the name and address of a witness, or the opportunity to inspect documentary evidence or articles of evidence, pursuant to the provisions of Article 299, paragraph (1), if it is deemed that there is the risk that the reputation or the peaceful social life of the victim or others will be seriously harmed or the risk of physical or property harm, threat or confusion to the victim or victim's relatives through particulars identifying the victim being disclosed, the public prosecutor may notify the defense counsel to such effect and request that such particulars not be disclosed to the defendant or other persons, unless the particulars identifying the victim are necessary for the defense of the defendant; provided however, that, except where a request has been made pursuant to Article 271-2, paragraph (1), when requesting that the particulars not be disclosed to the defendant, of the particulars identifying the victim, these particulars are limited to those other than the particulars given in the charging sheet.

When a public prosecutor is to give an opportunity to learn of the name and address of a witness, an expert witness, an interpreter or a translator pursuant to the provisions of Article 299, paragraph (1), and finds that the body or property of the person or the person's relative is likely to be harmed or either of these persons is likely to be threatened or confused, the public prosecutor may, after giving the defendant's defense counsel the opportunity to learn of the person's name and address, set a condition that the defense counsel must not notify the defendant of that name or address, or designate the time or method of notification to the defendant; provided, however, that this does not apply when the condition or designation makes it impossible to confirm whether or not the witness, expert witness, interpreter or translator has an interest in the defendant or other persons concerned, which may contribute to the determination of the probative value of that person's statement, or otherwise is likely to substantially harm the defense of the defendant.

Where the opportunity to learn of the name and address of a witness is to be given pursuant to Article 299, paragraph (1), the same applies as in the preceding paragraph also if a request has been made pursuant to Article 271-2, paragraph (1) or a request has been made pursuant to Article 312-2, paragraph (1) (excluding the case where a ruling dismissing the request under Article 312, paragraph (1) has been made; the same applies in paragraph (7)), and it is found that the name or address falls under the particulars identifying an individual pertaining to a request under Article 271-2, paragraph (1) or Article 312-2, paragraph (1) (excluding those that are to be notified by a ruling under Article 271-5, paragraph (1) (including the case where it is applied mutatis mutandis with the terms replaced pursuant to Article 312-2, paragraph (4)); the same applies in paragraph (7) and Article 299-5, paragraph (2), item (i)), and it is found to be those of a person set forth in Article 271-2, paragraph (1), item (i) or item (ii). In this case, the phrase "the witness, expert witness, interpreter or translator" in the proviso of the preceding paragraph is deemed to be replaced with "the witness".

In the case of the main clause of paragraph (1), when a public prosecutor finds that it is likely impossible to prevent the acts provided in the main clause of the same paragraph by the measures taken pursuant to the provisions of the main clause of the same paragraph (including the case when there is no defense counsel for the defendant), the public prosecutor does not have to give the defendant and the defense counsel an opportunity to learn of the name or address of a witness, an expert witness, an interpreter or a translator, unless this makes it impossible to confirm whether or not the witness, expert witness, interpreter or translator has an interest in the defendant or other persons concerned, which may contribute to the determination of the probative value of that person's statement, or otherwise is likely to substantially harm the defense of the defendant. In this case, the public prosecutor must give the defendant or the defense counsel an opportunity to learn of a pseudonym in lieu of the name, or a contact address in lieu of the address.

Where the opportunity to learn of the name and address of a witness is to be given pursuant to Article 299, paragraph (1), the same applies as in the preceding paragraph also if measures have been taken pursuant to Article 271-3, paragraph (3) or Article 271-4, paragraph (4) (including the case where these provisions are applied mutatis mutandis pursuant to Article 312-2, paragraph (4); the same applies in paragraph (9)) (excluding the case where a ruling dismissing the request under Article 312, paragraph (1) has been made; the same applies in paragraph (9)), and it is found that the name or address falls under the particulars identifying an individual pertaining to a request under Article 271-2, paragraph (1) or Article 312-2, paragraph (1) (excluding those that are to be notified by a ruling under Article 271-5, paragraph (1) or (2) (including the case where these provisions are applied mutatis mutandis pursuant to Article 312-2, paragraph (4)); the same applies in paragraph (9)), and it is found to be those of a person set forth in Article 271-2, paragraph (1), item (i) or item (ii). In this case, the phrase "the witness, expert witness, interpreter or translator has an interest in the defendant or other persons concerned, which may contribute to the determination of the probative value of that person's statement" in the preceding paragraph is deemed to be replaced with "the witness has an interest in the defendant or other persons concerned, which may contribute to the determination of the probative value of the testimony of the witness", and the phrase "the name or address of a witness, an expert witness, an interpreter or a translator" in that paragraph with "that name or address".

In the case prescribed in the first sentence of paragraph (2), the same applies as in paragraph (3) also when the defendant has no defense counsel. In this case, the phrase "the witness, expert witness, interpreter or translator has an interest in the defendant or other persons concerned, which may contribute to the determination of the probative value of that person's statement" in paragraph (3) is deemed to be replaced with "the witness has an interest in the defendant or other persons concerned, which may contribute to the determination of the probative value of the testimony of the witness", and the phrase "the name or address of a witness, an expert witness, an interpreter or a translator" in that paragraph with "that name or address".

When a public prosecutor is to give an opportunity to inspect documentary evidence or articles of evidence pursuant to the provisions of Article 299, paragraph (1), and finds that the body or property of a person whose name or address is included or recorded in the documentary evidence or articles of evidence and whose examination as a witness, an expert witness, an interpreter or a translator is to be requested by the public prosecutor, or of a person who has made a statement in a recorded statement document (hereinafter referred to as the "witness, etc. requested by the public prosecutor" in this paragraph and paragraph (8)), or of a relative of the witness, etc. requested by the public prosecutor, is likely to be harmed, or either of these persons is likely to be threatened or confused, the public prosecutor may, after giving the defendant's defense counsel the opportunity to inspect the documentary evidence or articles of evidence, set a condition that the defense counsel must not notify the defendant of the name or address of that witness, etc. requested by the public prosecutor, or designate the time or method of notification to the defendant; provided, however, that this does not apply when the condition or designation makes it impossible to confirm whether or not that witness, etc. requested by the public prosecutor has an interest in the defendant or other persons concerned, which may contribute to the determination of the probative value of that person's statement, or otherwise is likely to substantially harm the defense of the defendant.

Where the opportunity to inspect documentary evidence or articles of evidence is to be given pursuant to Article 299, paragraph (1), the same applies as in the preceding paragraph also if a request has been made pursuant to Article 271-2, paragraph (1) or a request has been made pursuant to Article 312-2, paragraph (1), and it is found that the particulars identifying an individual pertaining to a request under Article 271-2, paragraph (1) or Article 312-2, paragraph (1) are those of a person set forth in Article 271-2, paragraph (1), item (i) or item (ii). In this case, the phrase "the name or address of that witness, etc. requested by the public prosecutor" in the preceding paragraph is deemed to be replaced with "those particulars identifying an individual that are included or recorded in them", and the phrase "that witness, etc. requested by the public prosecutor" in the proviso of that paragraph with "the witness pertaining to those particulars identifying an individual".

In the case of the main clause of paragraph (6), when a public prosecutor finds that it is likely impossible to prevent the acts provided in the main clause of the same paragraph by the measures taken pursuant to the provisions of the main clause of the same paragraph (including the case when there is no defense counsel for the defendant), the public prosecutor does not have to give the defendant and the defense counsel an opportunity to inspect the part of the documentary evidence or articles of evidence, in which the name or address of that witness, etc. requested by the public prosecutor is included or recorded, unless this makes it impossible to confirm whether or not that witness, etc. requested by the public prosecutor has an interest in the defendant or other persons concerned, which may contribute to the determination of the probative value of that person's statement, or otherwise is likely to substantially harm the defense of the defendant. In this case, the public prosecutor must give the defendant or the defense counsel an opportunity to learn of a pseudonym in lieu of the name, or a contact address in lieu of the address.

Where the opportunity to inspect documentary evidence or articles of evidence is to be given pursuant to Article 299, paragraph (1), the same applies as in the preceding paragraph also if measures have been taken pursuant to Article 271-3, paragraph (3) or Article 271-4, paragraph (4), and it is found that the particulars identifying an individual pertaining to a request under Article 271-2, paragraph (1) or Article 312-2, paragraph (1) are those of a person set forth in Article 271-2, paragraph (1), item (i) or item (ii). In this case, the phrase "that witness, etc. requested by the public prosecutor has an interest in the defendant or other persons concerned, which may contribute to the determination of the probative value of that person's statement" in the preceding paragraph is deemed to be replaced with "the witness pertaining to those particulars identifying an individual has an interest in the defendant or other persons concerned, which may contribute to the determination of the probative value of the testimony of that witness", and the phrase "the name or address of that witness, etc. requested by the public prosecutor" in that paragraph with "those particulars identifying an individual".

In the case prescribed in the first sentence of paragraph (7), the same applies as in paragraph (8) also when the defendant has no defense counsel. In this case, the phrase "that witness, etc. requested by the public prosecutor has an interest in the defendant or other persons concerned, which may contribute to the determination of the probative value of that person's statement" in paragraph (8) is deemed to be replaced with "the witness pertaining to those particulars identifying an individual has an interest in the defendant or other persons concerned, which may contribute to the determination of the probative value of the testimony of that witness", and the phrase "the name or address of that witness, etc. requested by the public prosecutor" in that paragraph with "those particulars identifying an individual".

A public prosecutor must, when having taken measures pursuant to the provisions of the preceding paragraphs, promptly notify the court to that effect.