Code of Criminal Procedure

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

The public prosecutor or a court or a judge may conduct an investigation necessary to attain the purpose of the execution of a decision; provided, however, that compulsory dispositions may not be applied unless special provisions have been established in this Code.

The public prosecutor or a court or a judge may, with regard to the execution of a decision, ask public offices or public or private organizations to report on necessary matters.

The public prosecutor may, when the public prosecutor finds it necessary with regard to the execution of a decision, 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 an inspection and examination of a person.

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 warrant under paragraph (1) is issued upon the request of a public prosecutor.

The warrant under paragraph (1) may be in the form of an electronic or magnetic record, as prescribed by the Rules of Court, in addition to being in writing.

When requesting the warrant for an inspection and examination of a person under paragraph (1), a public prosecutor 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 under paragraph (1) of the preceding Article must contain or record the name of the person subject to the execution of a decision, the articles to be seized, the place, body or article to be searched, the electronic or magnetic records to be provided, the person who is to be made to provide them and the method of provision, the place or article to be inspected or the body to be inspected and the conditions concerning the inspection and examination of a person, the particulars specified in the relevant item in accordance with the category of cases set forth in the following items, the date of issue, and other particulars prescribed in the Rules of Court.

Where the warrant is in writing: the period of validity and a statement that after expiry of the period of validity the seizure, search or inspection may not be commenced or an order to provide electronic or magnetic records may not be issued but the warrant must be returned;

Where the warrant is an electronic or magnetic record: the period of validity, and a statement that after expiry of the period of validity the seizure, search or inspection may not be commenced or an order to provide electronic or magnetic records may not be issued, that a measure prescribed by the Rules of Court, such as deleting the warrant from the computer used by the public prosecutor (or, where a public prosecutor's assistant officer is made to carry out the disposition pursuant to Article 516, by the public prosecutor and the public prosecutor's assistant officer), must be taken, and that an electronic or magnetic record recording the fact that the measure has been taken must be submitted to the judge.

In the case of paragraph (2) of the preceding Article, the warrant under paragraph (1) of that Article must contain or record, in addition to the particulars prescribed in the preceding paragraph, the scope of the recording medium connected via telecommunication lines to the computer which is to be seized, the electronic or magnetic records of which are to be copied.

With regard to the warrant under paragraph (1) of the preceding Article, the judge must take the measure specified in the relevant item in accordance with the category of cases set forth in the following items.

Where the warrant is in writing: affixing a name and seal;

Where the warrant is an electronic or magnetic record: taking a measure prescribed by the Rules of Court that takes the place of affixing a name and seal (limited to a measure that causes the name of the judge to be displayed together when the matters recorded in the warrant are displayed on the screen of a computer, on paper or on anything else).

The provisions of Article 64, paragraph (3) apply mutatis mutandis to the warrant under paragraph (1) of the preceding Article. In this case, the phrase "of the defendant" in Article 64, paragraph (3) is deemed to be replaced with "of the person subject to the execution of a decision", and the phrase "the defendant may be referred to by a description of said defendant's face, physique or other features which can identify said defendant" in that paragraph is deemed to be replaced with "that person may be referred to by a description of that person's face, physique or other features which can identify that person".

A court or a judge may, when it finds it necessary with regard to the execution of a decision, issue a warrant and conduct a seizure, search or inspection. In this case, the inspection and examination of a person must be conducted upon a warrant for an inspection and examination of a person.

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 warrant under paragraph (1) may be in the form of an electronic or magnetic record, as prescribed by the Rules of Court, in addition to being in writing.

The provisions of the preceding Article apply mutatis mutandis to the warrant under paragraph (1). In this case, the phrase "the judge" in paragraph (1), item (ii) and paragraph (3) of that Article is deemed to be replaced with "the presiding judge or the judge", and the phrase "paragraph (2) of the preceding Article" in paragraph (2) of that Article is deemed to be replaced with "paragraph (2) of the following Article".

A court or a judge may, when it finds it necessary with regard to the execution of a decision, issue an order to provide electronic or magnetic records.

An order to provide electronic or magnetic records under the preceding paragraph is to be issued by designating the electronic or magnetic records to be provided and the method of provision.

The public prosecutor or a court or a judge may retain articles left behind by a person subject to the execution of a decision or any other person, or articles voluntarily submitted by their owner, possessor or custodian.