Code of Criminal Procedure

Public prosecutors, public prosecutor's assistant officers or judicial police officials may, when it is necessary for the investigation of an offense, upon a warrant issued by a judge, conduct a seizure or search, issue an order to provide electronic or magnetic records, or conduct an inspection. In this case, the inspection and examination of a person must be conducted upon a warrant for physical examination.

Where 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 may 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.

When a public prosecutor, a public prosecutor's assistant officer or a judicial police official issues an order to provide electronic or magnetic records, they may, if necessary, with the permission of a judge, order the person who is to receive that order to provide electronic or magnetic records, for a period set not exceeding one year, not to disclose without good reason the fact of having received that order to provide electronic or magnetic records or the fact of having provided or not provided the electronic or magnetic records ordered to be provided by that order to provide electronic or magnetic records.

When a suspect is placed under physical restraint, said suspect's fingerprints or a print of their feet may be taken, said suspect's height or weight may be measured and photographs of said suspect may be taken without the warrant set forth in paragraph (1), only when said suspect is not stripped naked.

The warrant set forth in paragraph (1) is issued upon the request of a public prosecutor, a public prosecutor's assistant officer or a judicial police officer.

In addition to being in writing, the warrant set forth in paragraph (1) may be made as an electronic or magnetic record pursuant to the Rules of Court.

The request for the permission under paragraph (3) must be made by a public prosecutor, a public prosecutor's assistant officer or a judicial police officer when making the request under paragraph (5).

When a public prosecutor, a public prosecutor's assistant officer or a judicial police official has issued an order under the provisions of paragraph (3) and the need for it no longer exists, they must rescind the order, either on their own initiative or upon the request of the person who received the order.

When a public prosecutor, a public prosecutor's assistant officer or a judicial police officer requests a warrant for an inspection and examination of a person, said public prosecutor, public prosecutor's assistant officer or judicial police officer must indicate the reason for the necessity of the inspection and examination, the sex and physical condition of the person to be inspected and examined and other particulars as provided in the Rules of Court.

A judge may provide conditions that said judge deems appropriate for the inspection and examination of a person.

The warrant set forth in paragraph (1) of the preceding Article must state or record the name of the suspect or defendant, the charged offense, the articles to be seized, the place, body or articles to be searched, the electronic or magnetic records to be provided, the person who is to provide them and the method of provision, the place or articles to be inspected, or the person to be inspected and examined and conditions regarding the inspection and examination of a person, 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 warrant is in writing: the period of validity and a statement to the effect that, after expiry of the period of validity, seizure, search or inspection may not be commenced or an order to provide electronic or magnetic records may not be issued, and that the warrant must be returned;

where the 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, seizure, search or inspection may not be commenced or an order to provide electronic or magnetic records may not be issued, and that the measures specified by the Rules of Court, such as erasing the warrant from the computer used by a public prosecutor, public prosecutor's assistant officer or judicial police official, must be taken and an electronic or magnetic record recording that those measures have been taken must be submitted to the judge.

In cases of paragraph (2) of the preceding Article, in addition to the particulars prescribed in the preceding paragraph, the warrant set forth in paragraph (1) of that Article must state or record the scope to be copied out of the electronic or magnetic records with regard to the recording medium connected via telecommunication lines to the computer which is to be seized.

With regard to the warrant set forth in paragraph (1) of the preceding Article, 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 warrant is in writing: affixing the name and seal;

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

When granting the permission under paragraph (3) of the preceding Article, the judge must state or record in the warrant set forth in paragraph (1) of that Article to that effect and the period for which non-disclosure is ordered pursuant to paragraph (3) of that Article.

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

When public prosecutors, public prosecutor's assistant officers or judicial police officials arrest a suspect pursuant to the provisions of Article 199 or arrest an offender caught in the act, said person may, when it is necessary, take the following measures. The same applies, when it is necessary, to cases where the suspect is arrested pursuant to the provisions of Article 210:

entry into the residence of another person, or the premises, buildings or vessels guarded by another person to search for a suspect;

search, seizure or inspection on the spot at the arrest of a suspect.

The seized materials must be returned immediately when an arrest warrant is not obtained in the case set forth in the second sentence of the preceding paragraph. The provisions of Article 123, paragraph (3) apply mutatis mutandis in this case.

For the measures set forth in paragraph (1), a warrant need not be obtained.

The provisions of paragraph (1), item (ii) and the preceding paragraph apply mutatis mutandis to cases where a public prosecutor's assistant officer or a judicial police official executes a subpoena or detention warrant. The provisions of paragraph (1), item (i) also apply mutatis mutandis to cases where the subpoena or detention warrant issued against a suspect is executed.

Public prosecutors, public prosecutor's assistant officers or judicial police officials may retain articles which have been left behind by a suspect or other persons, or those which have been voluntarily produced by their owner, possessor or custodian.

The provisions of Article 99, paragraph (1), Article 100, Article 102, Articles 103 through 105, Article 110, the first sentence of Article 110-2, the first sentence of Article 111, paragraph (1) and Article 111, paragraph (2), the first sentence of Article 111-2, Article 112, Article 114, Article 115, Article 118, Article 119, Article 120, paragraphs (1) and (3), Article 121, paragraphs (1) and (2), Article 122, Article 123, paragraphs (1) through (3), and Article 124 apply mutatis mutandis to a seizure or search conducted by a public prosecutor, public prosecutor's assistant officer or judicial police official pursuant to the provisions of Article 218, Article 220 and the preceding Article; the provisions of Article 110, paragraph (1) apply mutatis mutandis to 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)) issued by a public prosecutor, public prosecutor's assistant officer or judicial police official pursuant to the provisions of Article 218; the provisions of Article 105-2, Article 110, paragraph (1), Article 111, paragraph (3), Article 120, paragraphs (2) and (3) and Article 123-2, paragraph (1) apply mutatis mutandis to an order to provide electronic or magnetic records (limited to an order for provision by the method set forth in (b) of that item) (including having electronic or magnetic records provided under that order to provide electronic or magnetic records) issued by a public prosecutor, public prosecutor's assistant officer or judicial police official pursuant to the provisions of Article 218; and the provisions of Article 110, paragraph (1), the first sentence of Article 111-2, Article 112, Article 114, Article 118, Article 129, Article 131 and Articles 137 through 140 apply mutatis mutandis to an inspection conducted by a public prosecutor, public prosecutor's assistant officer or judicial police official pursuant to the provisions of Article 218 or Article 220, respectively; provided, however, that a judicial police constable may not take the dispositions prescribed in Articles 122 through 124.

Where searching the suspect pursuant to the provisions of Article 220 requires urgency, compliance with the provisions of Article 114, paragraph (2) is not required.

The provisions of Article 116 and Article 117 apply mutatis mutandis to seizures or searches conducted by a public prosecutor, public prosecutor's assistant officer or a judicial police official pursuant to the provisions of Article 218.

Public prosecutors, public prosecutor's assistant officers or judicial police officials may not enter, before sunrise or after sunset, the residence of a person, or premises, building or vessel guarded by a person for the purpose of inspection pursuant to the provisions of Article 218, unless the warrant contains a written or recorded statement that inspection during the night is permitted; provided however, that this does not apply to the places set forth in each item of Article 117.

When an inspection starts before sunset, it may continue even after sunset.

Public prosecutors, public prosecutor's assistant officers or judicial police officials may, when it is necessary to conduct a seizure, search or inspection pursuant to the provisions of Article 218, have the suspect attend it.

When any person who refuses an inspection and examination of a person is to be imposed a non-criminal fine or to be ordered to compensate for expenses in accordance with the provisions of paragraph (1), the request for such dispositions must be made to the court.

When a public prosecutor, public prosecutor's assistant officer or judicial police official issues an order to provide electronic or magnetic records pursuant to the provisions of Article 218, if it is necessary for taking the measure pursuant to the provisions of Article 110, paragraph (1) as applied mutatis mutandis in paragraph (1), the official may, with the permission of a judge, enter the residence of a person, or premises, building or vessel guarded by a person.

The request for the permission under the preceding paragraph must be made by the public prosecutor, public prosecutor's assistant officer or judicial police officer when making the request under Article 218, paragraph (5).

When granting the permission under paragraph (8), the judge must state or record the place to be entered in the warrant under Article 218, paragraph (1).

When a public prosecutor, public prosecutor's assistant officer or judicial police official issues an order to provide electronic or magnetic records pursuant to the provisions of Article 218 (limited to when the permission under paragraph (8) has been obtained), with regard to taking the measure pursuant to the provisions of Article 110, paragraph (1) as applied mutatis mutandis in paragraph (1), the dispositions set forth in the following items and other necessary dispositions may be taken:

to unlock locks;

to prohibit any person from entering or leaving the place where the measure is taken without the permission of a public prosecutor, public prosecutor's assistant officer or judicial police official;

to cause a person who does not comply with a disposition under this paragraph (limited to the part pertaining to the preceding item) to leave, or to place the person under guard until the taking of the measure is completed.

Notwithstanding paragraph (8), before sunrise or after sunset, a public prosecutor, public prosecutor's assistant officer or judicial police official may not enter the residence of a person, or premises, building or vessel guarded by a person for the purpose of taking the measure pursuant to the provisions of Article 110, paragraph (1) as applied mutatis mutandis in paragraph (1) when issuing an order to provide electronic or magnetic records pursuant to the provisions of Article 218, unless the warrant set forth in Article 218, paragraph (1) (limited to a warrant stating or recording the place to be entered pursuant to the provisions of paragraph (10)) contains a written or recorded statement to the effect that the warrant may be shown during the night; provided, however, that this does not apply to the places set forth in each item of Article 117.