Code of Criminal Procedure

In the execution of a seizure warrant or search warrant, necessary measures such as the unlocking or unsealing of relevant articles may be taken. The same applies to seizures or searches in court.

The measures in the preceding paragraph may be taken regarding seized articles.

When electronic or magnetic records have been provided 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), (b)), measures to confirm the content of those electronic or magnetic records and other necessary measures may be taken.

Where the article to be seized is a recording medium containing electronic or magnetic records, the person executing the search warrant or the seizure warrant may ask the person subject to the measure to operate the computer, or for some other form of cooperation. The same applies to a search or seizure in court.

Any person who has no permission may be prohibited from entering or leaving the subject place during execution of a seizure warrant or search warrant.

A person who disobeys prohibition under the preceding paragraph may be made to leave or placed under guard until the completion of execution.

The public prosecutor and the defendant or the defense counsel may attend the execution of a seizure warrant or search warrant; provided however, that this does not apply to a defendant who is in custody.

The executing officer of the seizure warrant or search warrant must notify persons who may attend, pursuant to the provisions of the preceding paragraph, in advance of the date, time and location of the execution of the warrant; provided however, that this does not apply when such persons declare to the court in advance their intention not to attend said execution, or in cases requiring urgency.

The court may, when it is necessary to execute a search warrant or seizure warrant, have the defendant attend said warrant execution.

In executing a seizure warrant or search warrant in a public office, the executing officer must notify the head of the office or the deputy of the execution, and have said head or deputy attend it.

Except for the cases pursuant to the provisions of the preceding paragraph, in executing the seizure warrant or search warrant in the residence of a person, or on the premises, in a building or a vessel guarded by a person, the executing officer must have the head of the household, the guard or the deputy of said head or guard attend its execution. When such person is unable to do so, the executing officer must have a neighbor or an official of the local government attend said execution.

In executing a search warrant when searching the body of a female, the executing officer must have a female adult attend the execution of said warrant; provided however, that this does not apply in cases requiring urgency.

The executing officer may not enter the residence of a person, or premises, building or vessel guarded by a person to execute a seizure warrant or search warrant before sunrise or after sunset, unless the warrant contains a written or recorded statement to the effect that execution during the night is permitted.

When the execution of the seizure warrant or search warrant starts before sunset, the execution of said warrant may continue after sunset.

A seizure warrant or a search warrant is not necessarily executed under restriction provided in paragraph (1) of the preceding Article in the following places:

places recognized as being frequently used for gambling, private lotteries or acts prejudicial to public morals; or

hotels, restaurants or other places where the public is able to enter and leave at night; provided, however, that this applies only to searches and seizure executed during hours in which those places are open to the public.

When the executing officer suspends the execution of a seizure warrant or search warrant and it is necessary, that execution officer may shut down the place under execution or put the place under guard until the execution has been completed.

If no article of evidence or article requiring confiscation has been found in a search, the executing officer must, upon the request of the person who is subject to the search, provide a certificate certifying said fact (including one prepared as an electronic or magnetic record); provided, however, that a certificate prepared as an electronic or magnetic record may not be provided if the person to receive it objects.

If articles have been seized, the executing officer must make an inventory in writing or as an electronic or magnetic record and provide it to the owner, possessor or custodian of the articles (including the person subject to the measure pursuant to the provisions of Article 110-2 or 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))) or said person's deputy.

When electronic or magnetic records have been provided 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), (b)), an inventory must be made in writing or in electronic or magnetic records and provided to the person who received that order to provide electronic or magnetic records or that person's deputy.

Notwithstanding the preceding two paragraphs, an inventory made in electronic or magnetic records may not be provided if the person to receive it objects.

Seized articles which are inconvenient for transportation or retention may be put under guard, or the owner or another person may be made to retain said articles after receiving consent to do so.

Seized articles which are likely to be dangerous may be disposed of.

The measures provided in the preceding two paragraphs may be taken by the executing officer of the seizure warrant except when otherwise specially directed by the court.

Seized articles which may be confiscated, and for which there is a concern that they may be easily lost or damaged, or articles which are inconvenient to retain, may be sold and their proceeds may be retained.

Seized articles which do not necessitate custody must, without waiting for the conclusion of the case, be returned by a ruling.

Seized articles may be ruled to be provisionally returned, upon the request of the owner, possessor, custodian or the person who submitted them.

When a seized article is a recording medium set forth in each of the following items that does not need to be placed in custody, and the person prescribed in that item differs from the owner, possessor or custodian of the recording medium, the recording medium must be delivered to the person prescribed in that item, or the copying of the electronic or magnetic records must be allowed, by a ruling, without waiting for the conclusion of the case.

a recording medium seized after transferring electronic or magnetic records or having the electronic or magnetic records transferred pursuant to the provisions of Article 110-2: the person who underwent the seizure;

a recording medium submitted 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) (limited to the method of having electronic or magnetic records transferred to a recording medium); hereinafter the same applies in this item): the person who received the order to provide electronic or magnetic records.

When making the ruling prescribed in the preceding three paragraphs, the court must hear the opinions of the public prosecutor and the defendant or the defense counsel.

With regard to electronic or magnetic records transferred 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), (b) (limited to the method of having electronic or magnetic records transferred to a recording medium)), when there ceases to be a reason for not having the person who received that order to provide electronic or magnetic records retain them, the court must, upon the request of that person or on its own authority, allow that person, by a ruling, to copy those electronic or magnetic records without waiting for the conclusion of the case.

The provisions of paragraph (4) of the preceding Article apply mutatis mutandis to the ruling under the preceding paragraph.

Seized property obtained through a property crime which does not need to be placed in custody must be ruled to be returned to the victim, only when the reason necessitating return to the victim is clear, without waiting for the conclusion of the case and after hearing the opinions of the public prosecutor and the defendant or the defense counsel.

The provisions of the preceding paragraph do not prevent interested parties from claiming their rights in accordance with the procedures of civil actions.

If a person, without justifiable grounds, violates an order to provide electronic or magnetic records under Article 102-2, paragraph (1), the person who committed the violation is punished by imprisonment for not more than one year or a fine of not more than 3,000,000 yen.

If the representative of a corporation, or the representative, employee, or other worker of a corporation or of any person, has committed the violation referred to in the preceding paragraph with regard to the business of the corporation or the person, the corporation or the person is to be subject to the fine prescribed in that paragraph in addition to the offender being subject to punishment.

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)); the same applies in paragraph (4)), search or an order to provide electronic or magnetic records (limited to an order for provision by the method set forth in (b) of that item; the same applies in that paragraph) may be conducted by a judge of a panel or be commissioned to a judge of the district court, family court or summary court at the place where it is to be conducted.

A delegated judge may re-delegate a judge of another district court, family court or summary court, who has the competence to be delegated.

A delegated judge may, when lacking the competence to handle the delegated particulars, transfer them to a judge of another district court, family court or summary court, who has the competence to handle said delegation.

The provisions pertaining to seizure, search or an order to provide electronic or magnetic records by the court apply mutatis mutandis to seizure, search or an order to provide electronic or magnetic records by a commissioned judge or delegated judge; provided however, that the notification prescribed in Article 100, paragraph (3) must be made by the court.

A public prosecutor's assistant officer or a judicial police official may, when executing a subpoena or detention warrant, if it is necessary, enter the residence of a person, or premises, building or vessel guarded by a person and search for the defendant. In this case, a search warrant need not be obtained.

The provisions of Articles 111, 112, 114 and 118 apply mutatis mutandis to the search by a public prosecutor's assistant officer or a judicial police official as prescribed in the preceding Article; provided however, that in cases requiring urgency, the search need not be in accordance with Article 114, paragraph (2).