Code of Criminal Procedure

A petition, request or other statement made to a court, presiding judge or judge (hereinafter referred to as a "petition, etc.") that is provided by the provisions of this Code concerning such petition, etc. to be made in writing may, notwithstanding those provisions and pursuant to the Rules of Court, be made by the method of recording the particulars to be stated in said document in the file using an electronic data processing system specified by the Rules of Court (meaning an electronic data processing system connecting the computer used by the court and the computer used by the person making the petition, etc. via telecommunication lines; the same applies in the following Article) or by the method of submitting a recording medium on which those particulars are recorded to the court, presiding judge or judge.

With regard to a petition, etc. made by the method set forth in the preceding paragraph, the provisions of this Code and other laws and regulations concerning the petition, etc. apply as if it had been made in writing as prescribed in the provisions of this Code that provide for the petition, etc. to be made in writing; provided, however, that this does not apply where there is a special provision in those laws and regulations.

A petition, etc. made by the method of recording in the file using the electronic data processing system under paragraph (1) is deemed to have reached the court, presiding judge or judge at the time when the particulars pertaining to the petition, etc. were recorded in the file.

A public prosecutor and a defense counsel who is an attorney must, with regard to a petition, etc., except where it is made orally, pursuant to the Rules of Court, make it by the method of recording the particulars pertaining to the petition, etc. in the file using an electronic data processing system specified by the Rules of Court or by the method of submitting a recording medium on which those particulars are recorded to the court, presiding judge or judge; provided, however, that this does not apply to the following petitions, etc.:

a request for a warrant;

a request for a summary order in a case pertaining to an offense under Chapter VIII of the Road Traffic Act (Act No. 105 of 1960) or Article 17 or Article 18 of the Act on Assurance of Car Parking Spaces and Other Matters (Act No. 145 of 1962), and institution of prosecution made at the same time (limited to those made in a document in the form specified by the rules on simple and prompt handling of these cases);

petitions, etc. specified by the Rules of Court other than those set forth in the preceding two items.

The provisions of the preceding paragraph do not apply where a public prosecutor or a defense counsel who is an attorney is unable to file a petition, etc. by the method set forth in that paragraph due to a failure of a computer pertaining to the electronic data processing system set forth in that paragraph or any other grounds not attributable to the public prosecutor or the defense counsel.

When a petition, etc. is made in writing (excluding when it is made in violation of paragraph (1) of the preceding Article and when the petition, etc. falls under the proviso to that paragraph), or is made by submitting a recording medium on which the matters pertaining to the petition, etc. are recorded as prescribed by the Rules of Court, the court clerk must record the matters stated in the document or recorded on the recording medium in a file; provided, however, that this does not apply where there are difficult circumstances in recording those matters in a file.