Code of Criminal Procedure

When a public prosecutor finds it necessary taking into account the importance of evidence obtained if a suspect or the defendant in a case involving the specific crime performs one or more than one of the acts set forth in item (i) with regard to another person's criminal case involving the specific crime (hereinafter simply referred to as "another person's criminal case"), the gravity and circumstances of the crime concerned, the extent of the relevance of that crime concerned and other circumstances, the public prosecutor may reach an agreement with the suspect or defendant to the effect that the suspect or defendant performs one or more than one of the acts set forth in the same item with regard to that another person's criminal case, and the public prosecutor performs one or more than one of the acts set forth in item (ii) with regard to the case of the suspect or defendant.

Acts set forth in the following:

making a true statement in an interrogation conducted by the public prosecutor, the public prosecutor's assistant officer or a judicial police official pursuant to the provisions of Article 198, paragraph (1) or Article 223, paragraph (1);

making a true statement when the suspect or defendant is examined as a witness; or

in relation to the collection of evidence by the public prosecutor, the public prosecutor's assistant officer or a judicial police official, submitting evidence or providing other necessary cooperation (except those set forth in (a) and (b)).

Acts set forth in the following:

not instituting prosecution;

withdrawing prosecution;

instituting or maintaining prosecution using the specific count and applicable penal statute;

requesting the addition or withdrawal of the specific count or applicable penal statute, or the alteration of a count or an applicable penal statute to the specific count or applicable penal statute;

stating an opinion to the effect that the specific sentence should be rendered to the defendant, in the statement of opinions pursuant to the provisions of Article 293, paragraph (1);

filing a petition for expedited trial proceedings; or

filing a request for a summary order.

The "specific crime" provided in the preceding paragraph means one of the following crimes (except those punishable by the death penalty or imprisonment for life):

crimes under Articles 96 through 96-6 or Article 155 of the Penal Code, crimes that should be dealt with in the same manner as the same Article, crimes under Article 157 of the same Code, crimes under Article 158 of the same Code (limited to those pertaining to crimes under Article 155 of the same Code, crimes that should be dealt with in the same manner as the same Article, or crimes under Article 157, paragraph (1) or (2) of the same Code), or crimes under Articles 159 through 163-5, Articles 197 through 197-4, Article 198, Articles 246 through 250, or Articles 252 through 254 of the same Code;

crimes under Article 3 of the Act on Punishment of Organized Crimes and Control of Crime Proceeds (Act No. 136 of 1999; hereinafter referred to as the "Organized Crime Punishment Act") pertaining to the crimes under paragraph (1), items (i) through (iv), item (xiii) or item (xiv) of the same Article, attempts of crimes under the same Article pertaining to the crimes under item (xiii) or (xiv) of the same paragraph, or crimes under Article 10 or 11 of the Organized Crime Punishment Act;

in addition to those set forth in the preceding two items, crimes under laws related to taxes, the Act on Prohibition of Private Monopolization and Maintenance of Fair Trade (Act No. 54 of 1947) or the Financial Instruments and Exchange Act (Act No. 25 of 1948), or other crimes provided by Cabinet Order as finance and economy-related crimes;

crimes under the following laws:

Criminal Regulations to Control Explosives (Cabinet Ordinance No. 32 of 1884);

Act on Regulation of Cannabis Cultivation (Act No. 124 of 1948);

Stimulants Control Act (Act No. 252 of 1951);

Narcotics and Psychotropics Control Act (Act No. 14 of 1953);

Ordnance Manufacturing Act (Act No. 145 of 1953);

Opium Control Act (Act No. 71 of 1954);

Act for Controlling the Possession of Firearms or Swords and Other Such Weapons (Act No. 6 of 1958);

Act Concerning Special Provisions for the Narcotics and Psychotropics Control Act, etc. and Other Matters for the Prevention of Activities Encouraging Illicit Conducts and Other Activities Involving Controlled Substances through International Cooperation (Act No. 94 of 1991); or

crimes under Article 103, 104 or 105-2 of the Penal Code, or crimes under Article 7 of the Organized Crime Punishment Act (limited to those involving persons set forth in paragraph (1), items (i) through (iii) of the same Article) or Article 7-2 of the same Act (for any of these crimes, limited to those listed in the preceding items, which are regarded as the crimes of the principal offenders).

In an agreement under paragraph (1), matters incidental to the acts performed by the suspect or defendant as set forth in item (i) of the same paragraph, or the acts performed by the public prosecutor as set forth in item (ii) of the same paragraph, and other necessary matters to achieve the purpose of the agreement may be contained.

An agreement under paragraph (1) of the preceding Article must be made with the consent of the defense counsel.

An agreement under paragraph (1) of the preceding Article must be made in writing jointly signed by a public prosecutor, and a suspect or the defendant and the defense counsel, or in an electronic or magnetic record on which these persons have taken the measures prescribed by the Rules of Court in lieu of joint signature, clearly stating the content of the agreement.

The necessary consultation to make an agreement under Article 350-2, paragraph (1) shall be held between a public prosecutor, and a suspect or the defendant and the defense counsel; provided, however, that when the suspect or defendant and the defense counsel do not raise an objection, the public prosecutor may consult only with the defense counsel in part.

In a consultation under the preceding Article, a public prosecutor may request that a suspect or the defendant should make a statement on another person's criminal case. In this case, the provisions of Article 198, paragraph (2) apply mutatis mutandis.

A statement made by a suspect or the defendant during a consultation under the preceding Article may not be used as evidence if the agreement under Article 350-2, paragraph (1) is not reached.

The provisions of the preceding paragraph do not apply when any act performed by a suspect or the defendant during a consultation thereunder falls under a crime under Article 103, 104 or 172 of the Penal Code or a crime under Article 7 of the Organized Crime Punishment Act pertaining to the persons set forth in provisions of paragraph (1), item (i) or (ii) of the same Article, and a statement made during the consultation is used in the cases involving these crimes.

When a public prosecutor intends to start consultation under Article 350-4 with a suspect in a case referred or sent by a judicial police officer or a case the public prosecutor finds that a judicial police officer is actually investigating, the public prosecutor must consult with the judicial police officer in advance.

When a public prosecutor finds it necessary for the investigation of another person's criminal case pertaining to a consultation under Article 350-4 taking into account that a judicial police officer is actually investigating that another person's criminal case and other circumstances, the public prosecutor may have the judicial police officer request a statement pursuant to the provisions of paragraph (1) of the preceding Article and perform other necessary acts for the consultation. In this case, the judicial police officer may present the content of the act set forth in item (ii) of Article 350-2, paragraph (1), which is proposed by the public prosecutor to be the content of the agreement under the same paragraph, to the extent that the public prosecutor individually delegates powers to the judicial police officer.

When a public prosecutor reaches an agreement with a suspect under Article 350-2, paragraph (1), and institutes prosecution with regard to the suspect's case pertaining to the agreement, the public prosecutor must request the examination of the document or electronic or magnetic record referred to in Article 350-3, paragraph (2) (hereinafter collectively referred to as the "statement of agreement, etc.") as evidence without delay after the completion of the procedure under Article 291 (or if it has been ruled that the case be subject to a pretrial arrangement proceeding, after that time). The same applies when a public prosecutor reaches an agreement with the defendant with regard to the defendant's case after institution of prosecution under Article 350-2, paragraph (1).

When a public prosecutor requests the examination of the statement of agreement, etc. pursuant to the provisions of the preceding paragraph, and is notified by the party to the agreement that the party is to pull out of the agreement pursuant to the provisions of Article 350-10, paragraph (2), the public prosecutor must request the examination of the document or electronic or magnetic record referred to in the same paragraph together with that statement of agreement, etc.

After a public prosecutor has requested the examination of the statement of agreement, etc. pursuant to the provisions of paragraph (1), if the public prosecutor is notified by the party to the agreement that the party is to pull out of the agreement pursuant to the provisions of Article 350-10, paragraph (2), the public prosecutor must request the examination of the document or electronic or magnetic record referred to in the same paragraph without delay.