Article 222

①The provisions of Article 99, paragraph (1), Article 100, Article 102, Articles 103 through 105, Article 110, the first sentence of Article 110-2, the first sentence of Article 111, paragraph (1) and Article 111, paragraph (2), the first sentence of Article 111-2, Article 112, Article 114, Article 115, Article 118, Article 119, Article 120, paragraph (1), Article 121, paragraphs (1) and (2), Article 122, Article 123, paragraphs (1) through (3), and Article 124 apply mutatis mutandis to a seizure or search conducted by a public prosecutor, public prosecutor's assistant officer or judicial police official pursuant to the provisions of Article 218, Article 220 and the preceding Article; the provisions of Article 110 apply mutatis mutandis to an order to provide electronic or magnetic records (limited to an order for provision by the method set forth in Article 102-2, paragraph (1), item (i), (a)) issued by a public prosecutor, public prosecutor's assistant officer or judicial police official pursuant to the provisions of Article 218; the provisions of Article 105-2, Article 110, Article 111, paragraph (3), Article 120, paragraphs (2) and (3) and Article 123-2, paragraph (1) apply mutatis mutandis to an order to provide electronic or magnetic records (limited to an order for provision by the method set forth in (b) of that item) (including having electronic or magnetic records provided under that order to provide electronic or magnetic records) issued by a public prosecutor, public prosecutor's assistant officer or judicial police official pursuant to the provisions of Article 218; and the provisions of Article 110, the first sentence of Article 111-2, Article 112, Article 114, Article 118, Article 129, Article 131 and Articles 137 through 140 apply mutatis mutandis to an inspection conducted by a public prosecutor, public prosecutor's assistant officer or judicial police official pursuant to the provisions of Article 218 or Article 220, respectively; provided, however, that a judicial police constable may not take the dispositions prescribed in Articles 122 through 124.

②Where searching the suspect pursuant to the provisions of Article 220 requires urgency, compliance with the provisions of Article 114, paragraph (2) is not required.

③The provisions of Article 116 and Article 117 apply mutatis mutandis to seizures or searches conducted by a public prosecutor, public prosecutor's assistant officer or a judicial police official pursuant to the provisions of Article 218.

④Public prosecutors, public prosecutor's assistant officers or judicial police officials may not enter, before sunrise or after sunset, the residence of a person, or premises, building or vessel guarded by a person for the purpose of inspection pursuant to the provisions of Article 218, unless the warrant contains a written statement that inspection during the night is permitted; provided however, that this does not apply to the places set forth in each item of Article 117.

⑤When an inspection starts before sunset, it may continue even after sunset.

⑥Public prosecutors, public prosecutor's assistant officers or judicial police officials may, when it is necessary to conduct a seizure, search or inspection pursuant to the provisions of Article 218, have the suspect attend it.

⑦When any person who refuses an inspection and examination of a person is to be imposed a non-criminal fine or to be ordered to compensate for expenses in accordance with the provisions of paragraph (1), the request for such dispositions must be made to the court.

⑧When a public prosecutor, public prosecutor's assistant officer or judicial police official issues an order to provide electronic or magnetic records pursuant to the provisions of Article 218, if it is necessary for showing the warrant pursuant to the provisions of Article 110 as applied mutatis mutandis in paragraph (1), the official may, with the permission of a judge, enter the residence of a person, or premises, building or vessel guarded by a person.

⑨The request for the permission under the preceding paragraph must be made by the public prosecutor, public prosecutor's assistant officer or judicial police officer when making the request under Article 218, paragraph (5).

⑩When granting the permission under paragraph (8), the judge must state the place to be entered in the warrant under Article 218.

⑪When a public prosecutor, public prosecutor's assistant officer or judicial police official issues an order to provide electronic or magnetic records pursuant to the provisions of Article 218 (limited to when the permission under paragraph (8) has been obtained), with regard to showing the warrant pursuant to the provisions of Article 110 as applied mutatis mutandis in paragraph (1), the dispositions set forth in the following items and other necessary dispositions may be taken:

⑫Notwithstanding paragraph (8), before sunrise or after sunset, a public prosecutor, public prosecutor's assistant officer or judicial police official may not enter the residence of a person, or premises, building or vessel guarded by a person for the purpose of showing the warrant pursuant to the provisions of Article 110 as applied mutatis mutandis in paragraph (1) when issuing an order to provide electronic or magnetic records pursuant to the provisions of Article 218, unless the warrant under Article 218 (limited to a warrant stating the place to be entered pursuant to the provisions of paragraph (10)) contains a written statement to the effect that the warrant may be shown during the night; provided, however, that this does not apply to the places set forth in each item of Article 117.