When a judge has taken the measure under paragraph (2) of the preceding Article and finds that any of the following items applies, the judge must, upon the request of the suspect or defense counsel, make a judicial decision to the effect that all or part of the particulars identifying an individual pertaining to the measure are to be notified to the suspect:
in the case prescribed in (a) or (b) that corresponds to the category of particulars identifying an individual set out in (a) or (b), respectively;
イ又はロに掲げる個人特定事項の区分に応じ、当該イ又はロに定める場合であるとき。
particulars identifying an individual of a victim: where the offense involved in the case pertaining to the measure does not fall under what is prescribed in Article 201-2, paragraph (1), item (i), (a) and (b), and the case pertaining to the measure does not fall under what is set out in (c) of that item;
被害者の個人特定事項 当該措置に係る事件に係る罪が第二百一条の二第一項第一号イ及びロに規定するものに該当せず、かつ、当該措置に係る事件が同号ハに掲げるものに該当しないとき。
particulars identifying an individual of a person other than a victim: where the person pertaining to the measure does not fall under the persons set out in Article 201-2, paragraph (1), item (ii);
被害者以外の者の個人特定事項 当該措置に係る者が第二百一条の二第一項第二号に掲げる者に該当しないとき。
there is a risk that the measure may cause substantial disadvantage to the defense of the suspect.
当該措置により被疑者の防御に実質的な不利益を生ずるおそれがあるとき。
When making a judicial decision on the request under the preceding paragraph, the judge must hear the opinion of the public prosecutor.
裁判官は、前項の請求について裁判をするときは、検察官の意見を聴かなければならない。
Changes by (Act No. 39 of 2025)
When a judge has made the judicial decision under paragraph (1) (limited to one to the effect that part of the particulars identifying an individual pertaining to the measure under paragraph (2) of the preceding Article are to be notified to the suspect), the judge is to promptly deliver to the public prosecutor, as the document to be shown to the suspect, an extract of the detention warrant stating an outline of the alleged facts of the crime in a manner that does not disclose those particulars identifying an individual (excluding those to be notified by that judicial decision), or other document in lieu of the detention warrant.
The provisions of the main clause of Article 70, paragraph (1) and Article 70, paragraph (2) apply mutatis mutandis to the execution of the judicial decision under paragraph (1).
Changes by (Act No. 39 of 2025)
To execute the judicial decision under paragraph (1), the detention warrant must be shown to the suspect where that judicial decision has been made with regard to all of the particulars identifying an individual pertaining to the measure under paragraph (2) of the preceding Article, and the document in lieu of the detention warrant under paragraph (3) must be shown to the suspect where that judicial decision has been made with regard to part of those particulars identifying an individual.
Read this with the articles around it
particulars identifying an individualmachine translation
「個人特定事項」
A person's name, address or any other matter that would identify an individual.
Defined inArticle 201-2, paragraph (1)
public prosecutor
検察官
The official who brings a prosecution (公訴) for a crime before a court (Code of Criminal Procedure, Article 247), and who may decide not to prosecute where, in view of the offender's character, age and circumstances, the gravity and circumstances of the offence and what happened after it, prosecution is not needed (Article 248). In criminal cases a public prosecutor asks the court to apply the law correctly and oversees the carrying out of its judgments; and, as the representative of the public interest, a public prosecutor also does the work other laws and regulations assign to a public prosecutor, which is not limited to criminal cases (Public Prosecutors Office Act, Article 4). A public prosecutor may investigate any crime (Article 6, paragraph (1)). Public prosecutors work through the public prosecutors offices (検察庁): the Supreme, High, District and Local Public Prosecutors Offices (Article 1).
Written by AI using Code of Criminal Procedure, Arts. 247, 248 and Public Prosecutors Office Act, Arts. 1, 4, 6 as a reference.