Code of Criminal Procedure

The court may, when it is necessary, seize articles of evidence or articles which it is considered should be confiscated; provided however, that this does not apply when so provided otherwise.

If the article to be seized is a computer, and with regard to a recording medium connected via telecommunication lines to such computer, it may be reasonably supposed that such recording medium was used to retain electronic or magnetic records which have been made or altered using such computer, or electronic or magnetic records which can be altered or erased using such computer, the computer or other recording medium may be seized after such electronic or magnetic records have been copied onto such computer or other recording medium.

The court may specify the articles to be seized and order the owner, possessor or custodian to submit them.

The court may seize or order the submission of postal items, items of correspondence or documents sent by telegraph sent to or from the defendant which, based on the provisions of laws and regulations are held in the custody of or are in the possession of a person who handles communications.

The postal items, items of correspondence or documents sent by telegraph which, based on the provisions of laws and regulations are held in the custody of or are in the possession of a person who handles communications, but are not subject to the preceding paragraph, may be seized or their submission ordered only when they can be reasonably supposed to be related to the case charged to the court.

When the court has made the disposition in the preceding two paragraphs, the sender or recipient must be so notified; provided however, that this does not apply when there is a concern that such notification would obstruct court proceedings.

Articles which the defendant or another person has left behind or which the owner, possessor or custodian has submitted voluntarily may be retained.

The court may, when it is necessary, search the body, articles, residence or any other place of the defendant.

The body, articles, residence or any other place of a person other than the defendant may be searched only when it can be reasonably supposed that articles which should be seized exist.

The court may, when it is necessary, issue an order to provide electronic or magnetic records (meaning an order to a person set forth in each of the following items to provide necessary electronic or magnetic records by the method prescribed in that item; the same applies hereinafter).

a person who retains electronic or magnetic records: the method set forth in (a) or (b);

a method of having electronic or magnetic records recorded on, or transferred to, a recording medium and having that recording medium submitted;

a method of having electronic or magnetic records recorded on, or transferred to, through telecommunication lines, a recording medium under the control of the person issuing the order;

a person with the authority to use electronic or magnetic records (excluding a person set forth in the preceding item): the method set forth in (a) or (b) of that item (limited to a method of having electronic or magnetic records recorded on a recording medium).

An order to provide electronic or magnetic records is to be issued by specifying the electronic or magnetic records to be provided and the method of provision.

Articles retained or possessed by a government employee or an ex-government employee may not be seized without the consent of said employee's supervisory public agency, when said employee or the public agency asserts that the articles pertain to official confidential information; provided however, that the supervisory public agency may not refuse consent except where the seizure may harm important national interests.

When the persons prescribed in the following items make an assertion as prescribed in the preceding Article, the articles may not be seized without the consent of the House with regard to the person prescribed in item (i), or the consent of the Cabinet with regard to the person prescribed in item (ii):

a Member or ex-Member of the House of Representatives or the House of Councillors;

the Prime Minister, other Ministers of State or ex-Ministers of State.

In the cases prescribed in the preceding paragraph, the House of Representatives, the House of Councillors and the Cabinet may not refuse consent except where the seizure may harm important national interests.

A physician, dentist, midwife, nurse, attorney (including a foreign lawyer registered in Japan), patent attorney, notary public or a person engaged in a religious occupation, or any other person who was formerly engaged in any of these professions may refuse the seizure of articles containing the confidential information of others with which said person has been entrusted, and retains or possesses in the course of said person's duties; provided however, that this does not apply when the person in question has given consent, when the refusal is deemed to be an abuse of rights exclusively for the interests of the defendant (unless said person is the defendant), or where there exist other circumstances provided for by the Rules of Court.

The provisions of the preceding three Articles apply mutatis mutandis to the provision of electronic or magnetic records 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)). In this case, the phrase "Articles retained or possessed" in Article 103 and the phrase "articles containing the confidential information of others with which said person has been entrusted, and retains or possesses" in the preceding Article are deemed to be replaced with "Electronic or magnetic records retained or otherwise authorized to be used" and "electronic or magnetic records containing the confidential information of others with which said person has been entrusted, and which said person retains or otherwise has the authority to use", respectively.

Seizures or searches outside of the court must be executed on the issuance of a seizure warrant or search warrant.

In addition to being in writing, a seizure warrant or search warrant may be made as an electronic or magnetic record pursuant to the Rules of Court.

Seizure warrants or search warrants must state or record the name of the defendant, the charged offense, the articles to be seized, or the place, body or articles to be searched, the particulars specified in each of the following items in accordance with the category of cases set forth in those items, as well as the date of issue and other particulars prescribed in the Rules of Court.

where a seizure warrant or search warrant is in writing: the period of validity and a statement to the effect that after expiry of the period of validity the warrant may not be executed and must be returned;

where a seizure warrant or search warrant is an electronic or magnetic record: the period of validity and a statement to the effect that, after expiry of the period of validity, the warrant may not be executed and that the public prosecutor and public prosecutor's assistant officer or judicial police official (or, where execution is ordered of a court clerk or judicial police official pursuant to the proviso to paragraph (1) of the following Article, the court clerk or judicial police official) must take measures specified by the Rules of Court, such as erasing the warrant from the computer used by that person, and submit to the presiding judge an electronic or magnetic record recording that those measures have been taken.

When making the disposition provided for in Article 99, paragraph (2), in addition to the particulars prescribed in the preceding paragraph, the seizure warrants set forth in the preceding paragraph must state or record the range of recording medium from which the electronic or magnetic records are to be copied and which is connected via telecommunication lines to the computer to be seized.

With regard to seizure warrants or search warrants, the presiding judge must take the measures specified in each of the following items in accordance with the category of cases set forth in those items:

where a seizure warrant or search warrant is in writing: affixing the name and seal;

where a seizure warrant or search warrant is an electronic or magnetic record: taking a measure specified by the Rules of Court in place of affixing the name and seal (limited to one by which, when the particulars recorded in the seizure warrant or search warrant are displayed on the screen of a computer, in a document or on something else, the name of the presiding judge is also displayed).

The provisions of Article 64, paragraph (3) apply mutatis mutandis to the seizure warrant or search warrant set forth in paragraph (1).

The seizure warrant or search warrant is executed by a public prosecutor's assistant officer or a judicial police official under the direction of a public prosecutor; provided however, that when the court deems it necessary for the protection of the defendant, the presiding judge may order a court clerk or a judicial police official to execute said warrant.

The court may, with regard to the execution of a seizure warrant or search warrant, give instructions in writing or by an electronic or magnetic record that it finds appropriate to the person who executes it.

The instructions in the preceding paragraph may be given by a judge of a panel.

The provisions of Article 71 apply mutatis mutandis to the execution of a seizure warrant or search warrant.

The public prosecutor's assistant officer or court clerk may, when it is necessary to execute a seizure warrant or search warrant, request a judicial police official for assistance.

With regard to a seizure warrant, the measures specified in each of the following items in accordance with the category of cases set forth in those items must be taken with respect to the person who is to be subject to said disposition:

where the seizure warrant is in writing: showing the seizure warrant;

where the seizure warrant is an electronic or magnetic record: pursuant to the Rules of Court, displaying the particulars recorded in the seizure warrant and the name of the presiding judge pertaining to the measure under Article 107, paragraph (3) (limited to the part pertaining to item (ii)) on the screen of a computer, in a document or on something else and showing them, or having the person who is to be subject to the disposition display them on the screen of a computer used by that person, in a document or on something else and showing them.

With regard to a search warrant, the measures specified in each of the following items in accordance with the category of cases set forth in those items must be taken with respect to the person who is to be subject to said disposition:

where the search warrant is in writing: showing the search warrant;

where the search warrant is an electronic or magnetic record: pursuant to the Rules of Court, displaying the particulars recorded in the search warrant and the name of the presiding judge pertaining to the measure under Article 107, paragraph (3) (limited to the part pertaining to item (ii)) on the screen of a computer, in a document or on something else and showing them.

If the article to be seized is a recording medium containing electronic or magnetic records, the person executing the seizure warrant may execute the measures prescribed in the following items in lieu of said seizure. The same applies to a seizure in court:

the person may copy the electronic or magnetic records recorded on the recording medium which is to be seized onto some other recording medium, print them out or transfer them, and may then seize said other recording medium;

the person may have the person subject to the seizure copy the electronic or magnetic records recorded on the recording medium which is to be seized onto some other recording medium, print them out or transfer them, and may then seize said other recording medium.