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.
差し押さえるべき物が電子計算機であるときは、当該電子計算機に電気通信回線で接続している記録媒体であつて、当該電子計算機で作成若しくは変更をした電磁的記録又は当該電子計算機で変更若しくは消去をすることができることとされている電磁的記録を保管するために使用されていると認めるに足りる状況にあるものから、その電磁的記録を当該電子計算機又は他の記録媒体に複写した上、当該電子計算機又は当該他の記録媒体を差し押さえることができる。
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.
身体の拘束を受けている被疑者の指紋若しくは足型を採取し、身長若しくは体重を測定し、又は写真を撮影するには、被疑者を裸にしない限り、第一項の令状によることを要しない。
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.
第一項の令状は、検察官、検察事務官又は司法警察員の請求により、これを発する。
Changes and moves to paragraph (7) by (Act No. 39 of 2025)
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 the preceding paragraph.
Moves to paragraph (8) by (Act No. 39 of 2025)
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.
Moves to paragraph (9) by (Act No. 39 of 2025)
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.
検察官、検察事務官又は司法警察員は、身体検査令状の請求をするには、身体の検査を必要とする理由及び身体の検査を受ける者の性別、健康状態その他裁判所の規則で定める事項を示さなければならない。
Moves to paragraph (10) by (Act No. 39 of 2025)
A judge may provide conditions that said judge deems appropriate for the inspection and examination of a person.
裁判官は、身体の検査に関し、適当と認める条件を付することができる。
Read this with the articles around it
judicial police officialmachine translation
「司法警察職員」
Judicial police officers (司法警察員) and judicial police constables (司法巡査) together.
Defined inArticle 39, paragraph (3)
electronic or magnetic recordmachine translation
「電磁的記録」
A record made in electronic, magnetic or any other form people cannot perceive directly, for use in computer processing.
Defined inArticle 99, paragraph (2)
order to provide electronic or magnetic recordsmachine translation
「電磁的記録提供命令」
An order by which a court requires a person who keeps electronic or magnetic records (電磁的記録), or another person with authority to use them, to provide the records it needs, by copying or moving them onto a recording medium that is handed over or, over a telecommunications line, onto one the court manages.
Defined inArticle 102-2, 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.