Code of Criminal Procedure

The defendant, suspect, or the defense counsel may request of a judge a disposition on a seizure (including the provision under an order to provide electronic or magnetic records (limited to an order for provision by the method set forth in Article 102-2, paragraph (1), item (i), (a))), search, an order to provide electronic or magnetic records (limited to an order for provision by the method set forth in (b) of that item), inspection, witness examination or expert examination, only before the first trial date, and when there are circumstances which suggest that it will be difficult to use the evidence unless it is preserved in advance.

The judge who has been so requested as prescribed in the preceding paragraph has the same authority as that of a court or a presiding judge with regard to a disposition.

The public prosecutor and the defense counsel may inspect and copy the documents (including electronic or magnetic records; the same applies hereinafter in this Article and the following Article) and articles of evidence pertaining to the dispositions prescribed in paragraph (1) of the preceding Article in court. In this case, when all or part of the documents or articles of evidence pertaining to the dispositions are electronic or magnetic records, the inspection of the electronic or magnetic record is to be by means of inspecting what displays its contents or viewing and listening to what reproduces its contents, and the copying of the electronic or magnetic record is to be by means of duplicating or printing it, or writing or recording what displays or reproduces its contents.

In the case referred to in the preceding paragraph, defense counsel must receive permission from the judge to perform any of the following acts:

copying articles of evidence (excluding those set forth in the following item and item (iii));

in the case where all or part of the documents or articles of evidence pertaining to the dispositions prescribed in paragraph (1) of the preceding Article are electronic or magnetic records, copying such electronic or magnetic record by means of duplicating it;

copying the documents or articles of evidence pertaining to the dispositions prescribed in paragraph (1) of the preceding Article (in the case where all or part of them are electronic or magnetic records, what displays or reproduces the contents of such electronic or magnetic records) by means of recording them as an electronic or magnetic record.

Notwithstanding the provisions of the preceding two paragraphs, the electronic or magnetic record provided in Article 157-6, paragraph (5) may not be copied.

The defendant or suspect may inspect the documents and articles of evidence pertaining to the dispositions prescribed in paragraph (1) of the preceding Article in court with the permission of the judge; provided however, that this does not apply when defense counsel is assigned to the defendant or suspect.

In the case referred to in the main clause of the preceding paragraph, when all or part of the documents or articles of evidence pertaining to the dispositions prescribed in paragraph (1) of the preceding Article are electronic or magnetic records, the inspection of the electronic or magnetic record is to be by means of inspecting what displays its contents or viewing and listening to what reproduces its contents.

When documents or articles of evidence pertaining to the dispositions prescribed in Article 179, paragraph (1) are recorded in the file, the public prosecutor may inspect and copy them by electronic or magnetic means (meaning means using an electronic data processing system (meaning an electronic data processing system connecting the computer used by the court and the computer used by the public prosecutor via telecommunication lines) or other means utilizing information and communications technology that are specified by the Rules of Court).

In the case prescribed in the preceding paragraph, the defense counsel may, with the permission of the judge, inspect or copy the documents or articles of evidence pertaining to the dispositions prescribed in Article 179, paragraph (1) by the electronic or magnetic means prescribed in Article 40-2, paragraph (1).

The provisions of the second sentence of paragraph (1) of the preceding Article apply mutatis mutandis to inspection or copying under the preceding two paragraphs, and the provisions of paragraph (3) of that Article apply mutatis mutandis to copying under the preceding two paragraphs. In this case, the phrase "the preceding two paragraphs" in paragraph (3) of that Article is deemed to be replaced with "paragraphs (1) and (2) of the following Article and the second sentence of paragraph (1) as applied mutatis mutandis pursuant to paragraph (3) of that Article".