Code of Criminal Procedure

A public prosecutor must promptly disclose the evidence the prosecutor has requested to examine pursuant to the provisions of paragraph (3) of the preceding Article (hereinafter referred to as "evidence for examination requested by the public prosecutor") to the defendant or the defense counsel by the means provided in the following items according to each category set forth in each item:

in the case of documentary evidence or an article of evidence, an opportunity prescribed in (a) or (b) is given with regard to the documentary evidence or article of evidence, in accordance with the category of opponent set forth in (a) or (b); or

the defendant: an opportunity to inspect (in the case where all or part of the documentary evidence or article of evidence is an electronic or magnetic record, an opportunity to inspect what displays the contents of that electronic or magnetic record or to view and listen to what reproduces its contents);

the defense counsel: an opportunity to inspect and copy (in the case where all or part of the documentary evidence or article of evidence is an electronic or magnetic record, an opportunity to inspect what displays the contents of that electronic or magnetic record or to view and listen to what reproduces its contents, and to duplicate or print that electronic or magnetic record, or to write or record what displays or reproduces its contents);

in the case of a witness, an expert witness, an interpreter or a translator, an opportunity is given to learn of the person's name and address and, with regard to those of the person's recorded statement documents which reveal the content of what the person is considered to state on the trial date (when there are no recorded statement documents, or those documents are found inappropriate to be inspected, the summary of expected statements, etc. (meaning documents or electronic or magnetic records in which an outline of the content of what the person is considered to state on the trial date is written or recorded; the same applies in this item and Article 316-18, item (ii))), the opportunity prescribed in (a) or (b) is given in accordance with the category of opponent set forth in (a) or (b).

the defendant: an opportunity to inspect (in the case where all or part of the recorded statement documents or the summary of expected statements, etc. is an electronic or magnetic record, an opportunity to inspect what displays the contents of that electronic or magnetic record or to view and listen to what reproduces its contents);

the defense counsel: an opportunity to inspect and copy (in the case where all or part of the recorded statement documents or the summary of expected statements, etc. is an electronic or magnetic record, an opportunity to inspect what displays the contents of that electronic or magnetic record or to view and listen to what reproduces its contents, and to duplicate or print that electronic or magnetic record, or to write or record what displays or reproduces its contents).

Upon request from the defendant or the defense counsel after the disclosure of evidence pursuant to the provisions of the preceding paragraph, a public prosecutor must promptly provide to the defendant or the defense counsel a list of the evidence held by the public prosecutor; provided, however, that a list prepared as an electronic or magnetic record may not be provided to the defendant if the defendant objects.

The list referred to in the preceding paragraph must include or record matters provided in the following items by evidence according to each category set forth in each item:

in the case of an article of evidence, the name and quantity;

in the case of a statement recorded and taken down in writing (limited to one with the signature or seal of the person making the statement) or an electronic or magnetic record (limited to one for which a measure specified by the Rules of Court in place of the signature or seal of the person making the statement has been taken), the title of the document or the electronic or magnetic record, the date of preparation, and the name of the person making the statement; or

in the case of documentary evidence (excluding that set forth in the preceding item), the title of the documentary evidence, the date of preparation, and the name of the person preparing the documentary evidence.

Notwithstanding the provisions of the preceding paragraph, a public prosecutor may not be required to include or record any matter otherwise to be included or recorded in the list referred to in paragraph (2) pursuant to the provisions of the preceding paragraph, which is found to be likely to cause any of the following risks if it is included or recorded in the list:

risk that the body or property of any person may be harmed or the person may be threatened or confused;

risk that the reputation or peaceful social life of any person may be seriously harmed; or

risk that the proof or investigation of the crime may be interfered with.

When a public prosecutor comes to hold new evidence after the provision of the list pursuant to the provisions of paragraph (2), the public prosecutor must promptly provide to the defendant or the defense counsel a list of the new evidence the public prosecutor comes to hold. In this case, the provisions of the proviso to that paragraph and the preceding two paragraphs apply mutatis mutandis.

With regard to evidence other than that disclosed pursuant to the provisions of paragraph (1) of the preceding Article, which falls under one of the categories of evidence set forth in the following items and is found to be important to determine the probative value of particular evidence for examination requested by the public prosecutor, a public prosecutor must, upon request for disclosure from the defendant or the defense counsel, promptly disclose it by the means provided in item (i) of the same paragraph when finding it appropriate taking into account the extent of the importance and other necessities of disclosure for preparation of the defense of the defendant, and the content and extent of possible harmful effects of disclosure; in this case, the public prosecutor may, when finding it necessary, designate the time or means of or set a condition for the disclosure:

articles of evidence;

documents or electronic or magnetic records describing or recording the results of an inspection by a court or a judge as provided in Article 321, paragraph (2);

documents or electronic or magnetic records provided in Article 321, paragraph (3) or equivalent documents or electronic or magnetic records;

documents or electronic or magnetic records provided in Article 321, paragraph (4) or equivalent documents or electronic or magnetic records;

recorded statement documents of:

any person the public prosecutor has requested to examine as a witness; or

any person who has made a statement in the recorded statement documents which the public prosecutor has requested to examine, and whom the public prosecutor plans to request to examine as a witness if consent referred to in Article 326 is not given with regard to those recorded statement documents;

in addition to those set forth in the preceding item, the recorded statement documents of any person other than the defendant, which contain a statement relating to the existence of a fact the public prosecutor plans to prove directly from particular evidence for examination requested by the public prosecutor;

recorded statement documents of the defendant;

documents or electronic or magnetic records which public prosecutors, public prosecutor's assistant officers or judicial police officials are obliged to prepare in the course of duties under the rules relating to interrogation records, in which the date, time, place and other circumstances of the interrogation of a person under physical restraint are recorded (limited to those concerning the defendant, or a person set forth in item (v), (a) or (b) who is under physical restraint or for whom prosecution has been instituted as an accomplice of the defendant); or

recorded seizure procedure documents, etc. of articles of evidence that are evidence for examination requested by the public prosecutor (meaning documents or electronic or magnetic records which public prosecutors, public prosecutor's assistant officers or judicial police officials are obliged to prepare in the course of duties under the rules relating to records of seizure procedures or of procedures for having electronic or magnetic records provided by an order to provide electronic or magnetic records (limited to an order that orders provision by the method set forth in Article 102-2, paragraph (1), item (i), (b); hereinafter the same applies in this item), in which, with regard to the seizure or the provision of electronic or magnetic records by an order to provide electronic or magnetic records, the person who made the seizure, the date, place and other circumstances of the seizure, or the person who made the order, the date of the provision of electronic or magnetic records and other circumstances of the provision of electronic or magnetic records by an order to provide electronic or magnetic records are recorded; the same applies in the following paragraph and paragraph (3), item (ii), (a)).

The preceding paragraph also applies when the defendant or the defense counsel requests disclosure of recorded seizure procedure documents, etc. of articles of evidence that are to be disclosed pursuant to the provisions of the same paragraph (excluding those that have been disclosed pursuant to the provisions of paragraph (1) of the preceding Article or the preceding paragraph), and it is found appropriate taking into account the extent of the necessity of disclosure to determine the probative value of particular evidence for examination requested by the public prosecutor using those articles of evidence, and the content and extent of possible harmful effects of disclosure.

The defendant or the defense counsel must, when requesting disclosure under the preceding two paragraphs, clearly indicate matters provided in the following items according to each category of the request for disclosure set forth in each item:

in the case of a request for disclosure under paragraph (1), the following matters:

a category of evidence set forth in each item of paragraph (1), and sufficient particulars to identify the evidence requested to be disclosed; and

the importance of the evidence requested to be disclosed to determine the probative value of particular evidence for examination requested by the public prosecutor and other reasons for which disclosure is necessary for preparation of the defense of the defendant in light of the content of the case concerned, facts planned to be proven by particular evidence for examination requested by the public prosecutor, the connection between the evidence requested to be disclosed and the particular evidence for examination requested by the public prosecutor, and other circumstances; or

in the case of a request for disclosure under the preceding paragraph, the following matters:

sufficient particulars to identify the recorded seizure procedure documents, etc. requested to be disclosed; and

the reason for which disclosure is necessary to determine the probative value of particular evidence for examination requested by the public prosecutor using articles of evidence to be disclosed pursuant to the provisions of paragraph (1), in light of the connection between those articles of evidence and the particular evidence for examination requested by the public prosecutor, and other circumstances.

When the defendant or the defense counsel receives the documents or electronic or magnetic records under the provisions of Article 316-13, paragraph (2), and evidence to be disclosed pursuant to the provisions of Article 316-14, paragraph (1) and paragraphs (1) and (2) of the preceding Article is disclosed, the defendant or the defense counsel must, with regard to evidence for examination requested by the public prosecutor, clearly indicate their opinion on whether said person will consent pursuant to the provisions of Article 326 or whether said person has no objection relating to the request of examination.

The court may, upon hearing the opinions of the public prosecutor and the defendant or the defense counsel, set a deadline for the clarification of the opinion prescribed in the preceding paragraph.

When the defendant or the defense counsel receives the documents or electronic or magnetic records under Article 316-13, paragraph (2), and evidence to be disclosed pursuant to the provisions of Article 316-14, paragraph (1) and Article 316-15, paragraphs (1) and (2) is disclosed, the defendant or the defense counsel must reveal to the court and the public prosecutor the facts planned to be proven and other factual or legal allegations planned to be put forth on the trial date, if any. In this case, the provisions of the second sentence of Article 316-13, paragraph (1) apply mutatis mutandis.

When there are facts planned to be proven by the defendant or the defense counsel as prescribed in the preceding paragraph, said person must request examination of the evidence for use in proving the facts. In this case, the provisions of Article 316-13, paragraph (4) apply mutatis mutandis.

The court may, upon hearing the opinions of the public prosecutor and the defendant or the defense counsel, set a deadline for clarification of the allegation prescribed in paragraph (1) and the request prescribed in the preceding paragraph.

The defendant or the defense counsel must promptly disclose the evidence which said person has requested to be examined pursuant to the provisions of paragraph (2) of the preceding Article to the public prosecutor by the following means according to each category of evidence:

in the case of documentary evidence or articles of evidence, the opportunity prescribed in Article 316-14, paragraph (1), item (i), (b) is given with regard to the documentary evidence or the articles of evidence;

in the case of a witness, expert witness, interpreter or translator, an opportunity is given to learn of their names and addresses and, with regard to their recorded statement documents which reveal the content of that which they are supposed to state on the trial date (the summary of expected statements, etc. when there are no such recorded statement documents or when such materials are deemed inappropriate for inspection), the opportunity prescribed in Article 316-14, paragraph (1), item (ii), (b).