Changes by (Act No. 39 of 2025)
In the following cases, when a witness, an expert witness, an interpreter, a translator or a person who has made a statement in recorded statement documents (meaning written statements, statements recorded and taken down in writing with the signature or seal of the person making the statements, or recording media capable of recording images or sound on which statements have been recorded; the same applies hereinafter) (hereinafter referred to as the "witness or the like" in this paragraph) makes a request and a court finds it appropriate after hearing the opinions of the public prosecutor and the defendant or the defense counsel, the court may render a ruling to the effect that particulars identifying the witness or the like (meaning the name and address of or other particulars which will identify the witness or the like; the same applies hereinafter) should not be disclosed in an open court:
裁判所は、次に掲げる場合において、証人、鑑定人、通訳人、翻訳人又は供述録取書等（供述書、供述を録取した書面で供述者の署名若しくは押印のあるもの又は映像若しくは音声を記録することができる記録媒体であつて供述を記録したものをいう。以下同じ。）の供述者（以下この項において「証人等」という。）から申出があるときは、検察官及び被告人又は弁護人の意見を聴き、相当と認めるときは、証人等特定事項（氏名及び住所その他の当該証人等を特定させることとなる事項をいう。以下同じ。）を公開の法廷で明らかにしない旨の決定をすることができる。
when the court finds that the body or property of the witness or the like or that person's relative is likely to be harmed or either of these persons is likely to be threatened or confused through the disclosure of particulars identifying the witness or the like in an open court; or
in addition to the case set forth in the preceding item, when the court finds that the reputation or peaceful social life of the witness or the like is likely to be seriously harmed through the disclosure of particulars identifying the witness or the like in an open court.
When a court comes to find that it is inappropriate for particulars identifying the witness or the like not to be disclosed in an open court with regard to a case where a ruling has been rendered under the preceding paragraph, the court must render a ruling to revoke the ruling rendered under the same paragraph.
Read this with the articles around it
recorded statement documentmachine translation
「供述録取書等」
A written statement by the person who makes it, a written record of a statement bearing the signature or seal of the person who made it, or a recording medium able to record images or sound on which a statement has been recorded.
Defined inArticle 290-3, paragraph (1)
witness or the like
「証人等」
In Article 290-3, paragraph (1), a witness, expert witness, interpreter or translator, or a person who made the statement in a recorded statement document (供述録取書等).
Short name set inArticle 290-3, paragraph (1)· applies only in this paragraph
particulars identifying the witness or the likemachine translation
「証人等特定事項」
The name, address or any other matter that would identify a witness or the like (証人等), which the court may decide, under Article 290-3, not to disclose in open court.
Defined inArticle 290-3, 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.