Code of Criminal Procedure

After a public prosecutor has taken measures pursuant to the provisions of paragraph (1), paragraph (3), paragraph (6) or paragraph (8) of the preceding Article, if a court finds that the case falls under one of the following items, the court must render a ruling to revoke all or part of the measures upon request from the defendant or the defense counsel:

when there is no likelihood that the body or property of any person pertaining to those measures or the person's relative be harmed, or either of these persons be threatened or confused;

when those measures make it impossible to confirm whether or not any person involved in the measures has an interest in the defendant or other persons concerned, which may contribute to the determination of the probative value of that person's statement, or otherwise is likely to substantially harm the defense of the defendant; or

when the measures taken by the public prosecutor are those taken pursuant to the provisions of paragraph (3) or (8) of the preceding Article, and it is possible to prevent the acts provided in item (i) by the measures taken pursuant to the provisions of the main clause of paragraph (1) or (6) of the preceding Article.

The same applies as in the preceding paragraph if, where the public prosecutor has taken measures pursuant to paragraph (2), (4), (5), (7), (9) or (10) of the preceding Article, it is found that any of the following items applies.

when the name or address, or the particulars identifying an individual, pertaining to the measures do not fall under the particulars identifying an individual pertaining to a request under Article 271-2, paragraph (1) or Article 312-2, paragraph (1) (excluding those pertaining to a request under Article 312, paragraph (1) where a ruling dismissing that request has been made);

when it is the case specified in (a) or (b), as the case may be, according to the category of particulars identifying an individual set forth in (a) or (b);

particulars identifying an individual of the victim: if the crime pertaining to the case pertaining to the measures does not fall under those prescribed in Article 271-2, paragraph (1), item (i), (a) and (b), and the case pertaining to the measures does not fall under those set forth in (c) of that item;

particulars identifying an individual of a person other than the victim: if the person pertaining to the measures does not fall under the persons set forth in Article 271-2, paragraph (1), item (ii);

when the measures taken by the public prosecutor are pursuant to the provisions of paragraph (4), (5), (9) or (10) of the preceding Article, and the particulars identifying an individual pertaining to those measures fall under those that are to be notified by a ruling under Article 271-5, paragraph (2) (including as applied mutatis mutandis pursuant to Article 312-2, paragraph (4));

when those measures make it impossible to confirm whether or not any person involved in the measures has an interest in the defendant or other persons concerned, which may contribute to the determination of the probative value of that person's statement, or otherwise is likely to substantially harm the defense of the defendant; or

when the measures taken by the public prosecutor are pursuant to the provisions of paragraph (4), (5), (9) or (10) of the preceding Article, and the serious harm to the reputation or peaceful social life prescribed in Article 271-2, paragraph (1), item (i), (c), (1) and item (ii), (a), and the acts prescribed in item (i), (c), (2) and item (ii), (b) of that paragraph, can be prevented by measures pursuant to the provisions of paragraph (2) or (7) of that Article.

When a court revokes all or part of the measures taken by a public prosecutor as finding that it falls under the case of item (ii) or (iii) of paragraph (1), and finds that the acts provided in item (i) of the same paragraph may be committed, the court may set a condition that the defense counsel must not notify the defendant of the name or address of any person pertaining to those measures, or designate the time or method of notification to the defendant; provided, however, that this does not apply when the condition or the designation of the time or method makes it impossible to confirm whether or not the person pertaining to those measures has an interest in the defendant or other persons concerned, which may contribute to the determination of the probative value of that person's statement, or otherwise is likely to substantially harm the defense of the defendant.

When a court revokes all or part of the measures taken by a public prosecutor as finding that they fall under any of items (iii) through (v) of paragraph (2), and finds that there is a risk that the reputation or peaceful social life prescribed in Article 271-2, paragraph (1), item (i), (c), (1) or item (ii), (a) may be seriously harmed or that the acts prescribed in item (i), (c), (2) or item (ii), (b) of that paragraph may be committed, the same applies as in the preceding paragraph. In this case, the phrase "the name or address of any person" in that paragraph is deemed to be replaced with "the particulars identifying an individual".

If a court makes a ruling for the request under paragraph (1) or (2), the court must hear the opinion of the public prosecutor.

An immediate appeal may be filed against the ruling made for the request under paragraph (1) or (2) (including a judicial decision to set a condition or designate the time or method pursuant to the provisions of paragraph (3) or (4)).