Code of Criminal Procedure

A police official performs its duties as a judicial police official pursuant to the provisions of other acts, or pursuant to the regulations of the National Public Safety Commission or Prefectural Public Safety Commission.

A judicial police official is to, when said judicial police official deems that an offense has been committed, investigate the offender and evidence thereof.

Those who are to carry out the duties of a judicial police official with regard to forestry, railways or other special particulars, and the scope of their functions are provided by other acts.

A public prosecutor may, if said prosecutor deems it necessary, personally investigate an offense.

A public prosecutor's assistant officer must investigate an offense under the orders of a public prosecutor.

There must be mutual cooperation and coordination on the part of public prosecutors and the Prefectural Public Safety Commission and judicial police officials regarding an investigation.

A public prosecutor may, within said prosecutor's jurisdiction, give necessary general instructions to judicial police officials regarding their investigation. Such instructions are to be given by setting forth general standards for a fair investigation and other particulars necessary for prosecuting.

A public prosecutor may, within said prosecutor's jurisdiction, also issue to judicial police officials general orders necessary for them to cooperate in investigations.

A public prosecutor may, when the prosecutor personally investigates an offense, if it is necessary, issue orders to judicial police officials and have them assist in the investigation.

In the case of the preceding three paragraphs, judicial police officials must follow the instructions and orders of the public prosecutor.

The Prosecutor-General, Superintending Prosecutor of the High Public Prosecutors Office or Chief of the District Public Prosecutors Office may, if deeming it necessary when judicial police officials fail to follow the instructions and orders of public prosecutors without a justifiable reason, file charges for disciplinary action against them or for their removal, either with the National Public Safety Commission or Prefectural Public Safety Commission in the case of judicial police officials who are police officials, or with the person who has the authority of disciplinary action or removal where they are judicial police officials other than police officials.

The National Public Safety Commission, the Prefectural Public Safety Commission, or the person who has the authority to take disciplinary action against or remove judicial police officials other than police officials must, when it deems the charges given in the preceding paragraph to be well-founded, take disciplinary action against the persons charged or remove them, as prescribed by other acts.

A public prosecutor and a public prosecutor's assistant officer may, when it is necessary for the investigation, execute their duties outside their jurisdiction.

A public prosecutor, public prosecutor's assistant officer, judicial police official, defense counsel and any other persons whose duties are related to the investigation are required to take due care not to harm the reputation of the suspect or other persons, and due care not to interfere with administration of the investigation.

With regard to investigations, examination necessary to achieve the objective of said investigation may be conducted; provided however, that compulsory dispositions may not be applied unless special provisions have been established in this Code.

Public offices or public or private organizations may be asked to make a report on necessary particulars relating to the investigation.

When a public prosecutor, a public prosecutor's assistant officer or a judicial police officer finds it necessary to execute a seizure or to have electronic or magnetic records provided under an order to provide electronic or magnetic records, said person may specify the necessary electronic or magnetic records out of the electronic or magnetic records pertaining to the transmission source, the transmission destination, the date and time of the transmission and other transmission history of electronic communications which are recorded in the course of business, may determine a time period not exceeding 30 days, and may request in writing or by electronic or magnetic record a person engaged in the business of providing facilities for conducting electronic communications for use in the communications of other persons or a person establishing facilities for conducting electronic communications capable of acting as an intermediary for the transmissions of many, unspecified persons for the purpose of said person's own business not to erase said history. In this case, if it is deemed no longer necessary to execute the seizure or to have the electronic or magnetic records provided under an order to provide electronic or magnetic records with regard to the electronic or magnetic records pertaining to the request, said person must revoke such request.

The time period of which the request that the history not be erased pursuant to the provisions of the preceding paragraph applies may be extended within limits not exceeding 30 days when it is particularly necessary; provided however, that the total time period of which the request that the history not be erased applies may not exceed 60 days.

When a request pursuant to the provisions of paragraph (2) or paragraph (3) is to be made, if it is necessary, a request may be made that the particulars relating to such request not be divulged without reason.

A public prosecutor, public prosecutor's assistant officer or judicial police official may ask any suspect to appear in their offices and interrogate said person when it is necessary for the investigation of a crime; provided however, that the suspect may, except in cases where said person is under arrest or under detention, refuse to appear or after said person has appeared, may withdraw at any time.

In the case of the interrogation set forth in the preceding paragraph, the suspect must be notified in advance that said person is not required to make a statement against said person's will.

The statement of the suspect may be recorded as a written statement.

With regard to the written statement set forth in the preceding paragraph, what is specified in each of the following items in accordance with the category of cases set forth in those items must be inspected by the suspect or read to said person for verification, and if said person makes a motion for any addition, removal or alteration, said person's remarks must be entered or recorded in the written statement:

where the written statement is prepared in writing: the written statement;

where the written statement is prepared as an electronic or magnetic record: what displays the contents of the written statement.

If the suspect affirms that the contents of the written statement are correct, said suspect may be asked to take the measure specified in each of the following items in accordance with the category of cases set forth in those items; provided however, that this does not apply when the suspect refuses to do so:

where the written statement is prepared in writing: affixing a signature and seal to the written statement;

where the written statement is prepared as an electronic or magnetic record: taking, with regard to the written statement, a measure specified by the Rules of Court in place of a signature and seal.

When there exists sufficient probable cause to suspect that an offense has been committed by a suspect, a public prosecutor, public prosecutor's assistant officer or judicial police official may arrest said person upon an arrest warrant being issued in advance by a judge; provided however, that with regard to offenses punishable with a fine of not more than 300,000 yen (20,000 yen for the time being for offenses other than those under the Penal Code, the Act on Punishment of Physical Violence and Others and the Act on Penal Provisions related to Economic Activities), penal detention or a petty fine, the suspect may only be arrested if the suspect has no fixed dwelling or if said suspect fails, without a justifiable reason, to make the appearance provided for in the preceding Article.

If a judge deems that there exists sufficient probable cause to suspect that the suspect has committed an offense, said judge issues the arrest warrant set forth in the preceding paragraph, upon the request of a public prosecutor or a judicial police officer (in the case of a judicial police officer who is a police official, only a person designated by the National Public Safety Commission or the Prefectural Public Safety Commission and who ranks as equal to or above chief inspector; the same applies in paragraph (4) and Article 201-2, paragraph (1)); provided however, that this does not apply if the judge deems that it is clearly not necessary to arrest the suspect.

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

When asking for the arrest warrant set forth in paragraph (1), a public prosecutor or judicial police officer must inform the court of all requests or issuances of arrest warrants, if any, that have previously been made against the same suspect for the same offense.

Arrest warrants must state or record the name and residence of the suspect, the charged offense, an outline of the alleged facts of the crime, the public office or other place where the suspect is to be brought, the particulars specified in each of the following items in accordance with the category of cases set forth in those items, the date of issue, and other particulars as prescribed in the Rules of Court.

where the arrest warrant is in writing: the period of validity and a statement that after expiry of the period of validity the arrest warrant may not be executed but must be returned;

where the arrest warrant is an electronic or magnetic record: the period of validity and a statement that, after expiry of the period of validity, the arrest warrant may not be executed and that a public prosecutor, public prosecutor's assistant officer 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 judge an electronic or magnetic record recording that those measures have been taken.

With regard to arrest warrants, the 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 the arrest warrant is in writing: affixing the name and seal;

where the arrest 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 arrest warrant are displayed on the screen of a computer, in a document or on something else, the name of the judge is also displayed).

The provisions of Article 64, paragraphs (3) and (4) apply mutatis mutandis to the arrest warrant.

To arrest a suspect through an arrest 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 suspect:

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

where the arrest warrant is an electronic or magnetic record: pursuant to the Rules of Court, displaying the particulars recorded in the arrest warrant and the name of the judge pertaining to the measure under paragraph (2) of the preceding Article (limited to the part pertaining to item (ii)) on the screen of a computer, in a document or on something else and showing them.

The provisions of Article 73, paragraph (3) apply mutatis mutandis to cases where the suspect is arrested through an arrest warrant.