Article 299-4

①When a public prosecutor is to give an opportunity to learn of the name and address of a witness, an expert witness, an interpreter or a translator pursuant to the provisions of Article 299, paragraph (1), and finds that the body or property of the person or the person's relative is likely to be harmed or either of these persons is likely to be threatened or confused, the public prosecutor may, after giving the defendant's defense counsel the opportunity to learn of the person's name and address, set a condition that the defense counsel must not notify the defendant of that name or address, or designate the time or method of notification to the defendant; provided, however, that this does not apply when the condition or designation makes it impossible to confirm whether or not the witness, expert witness, interpreter or translator has an interest in the defendant or other persons concerned, which may contribute to the determination of the probative value of that person's statement, or otherwise is likely to substantially harm the defense of the defendant.

②Where the opportunity to learn of the name and address of a witness is to be given pursuant to Article 299, paragraph (1), the same applies as in the preceding paragraph also if the extract of the charging sheet, etc. has been submitted pursuant to Article 271-2, paragraph (2), or the extract of the written request for alteration of counts, etc. (meaning the extract of the written request for alteration of counts, etc. prescribed in Article 312-2, paragraph (2); hereinafter the same applies in this Article and Article 299-5, paragraph (2), item (i)) has been submitted pursuant to Article 312-2, paragraph (2) (excluding the case where a ruling dismissing the request under Article 312, paragraph (1) has been made; the same applies in paragraph (7)), and it is found that the name or address falls under the particulars identifying an individual stated in the charging sheet that are not stated in the extract of the charging sheet, etc., or the particulars identifying an individual stated in the written request for alteration of counts, etc. (meaning the written request for alteration of counts, etc. prescribed in Article 312, paragraph (4); hereinafter the same applies in this Article and Article 299-5, paragraph (2), item (i)) that are not stated in the extract of the written request for alteration of counts, etc. (in either case excluding those that are to be notified by a ruling under Article 271-5, paragraph (1) (including the case where it is applied mutatis mutandis with the terms replaced pursuant to Article 312-2, paragraph (4)); the same applies in paragraph (7) and Article 299-5, paragraph (2), item (i)), and it is found to be those of a person set forth in Article 271-2, paragraph (1), item (i) or item (ii). In this case, the phrase "the witness, expert witness, interpreter or translator" in the proviso of the preceding paragraph is deemed to be replaced with "the witness".

③In the case of the main clause of paragraph (1), when a public prosecutor finds that it is likely impossible to prevent the acts provided in the main clause of the same paragraph by the measures taken pursuant to the provisions of the main clause of the same paragraph (including the case when there is no defense counsel for the defendant), the public prosecutor does not have to give the defendant and the defense counsel an opportunity to learn of the name or address of a witness, an expert witness, an interpreter or a translator, unless this makes it impossible to confirm whether or not the witness, expert witness, interpreter or translator has an interest in the defendant or other persons concerned, which may contribute to the determination of the probative value of that person's statement, or otherwise is likely to substantially harm the defense of the defendant. In this case, the public prosecutor must give the defendant or the defense counsel an opportunity to learn of a pseudonym in lieu of the name, or a contact address in lieu of the address.

④Where the opportunity to learn of the name and address of a witness is to be given pursuant to Article 299, paragraph (1), the same applies as in the preceding paragraph also if the extract of the charging sheet, etc. or the extract of the written request for alteration of counts, etc. has been submitted pursuant to Article 271-3, paragraph (3) or Article 271-4, paragraph (4) (including the case where these provisions are applied mutatis mutandis pursuant to Article 312-2, paragraph (4); the same applies in paragraph (9)) (excluding the case where a ruling dismissing the request under Article 312, paragraph (1) has been made; the same applies in paragraph (9)), and it is found that the name or address falls under the particulars identifying an individual stated in the charging sheet that are not stated in the extract of the charging sheet, etc., or the particulars identifying an individual stated in the written request for alteration of counts, etc. that are not stated in the extract of the written request for alteration of counts, etc. (in either case excluding those that are to be notified by a ruling under Article 271-5, paragraph (1) or (2) (including the case where these provisions are applied mutatis mutandis pursuant to Article 312-2, paragraph (4)); the same applies in paragraph (9)), and it is found to be those of a person set forth in Article 271-2, paragraph (1), item (i) or item (ii). In this case, the phrase "the witness, expert witness, interpreter or translator has an interest in the defendant or other persons concerned, which may contribute to the determination of the probative value of that person's statement" in the preceding paragraph is deemed to be replaced with "the witness has an interest in the defendant or other persons concerned, which may contribute to the determination of the probative value of the testimony of the witness", and the phrase "the name or address of a witness, an expert witness, an interpreter or a translator" in that paragraph with "that name or address".

⑤In the case prescribed in the first sentence of paragraph (2), the same applies as in paragraph (3) also when the defendant has no defense counsel. In this case, the phrase "the witness, expert witness, interpreter or translator has an interest in the defendant or other persons concerned, which may contribute to the determination of the probative value of that person's statement" in paragraph (3) is deemed to be replaced with "the witness has an interest in the defendant or other persons concerned, which may contribute to the determination of the probative value of the testimony of the witness", and the phrase "the name or address of a witness, an expert witness, an interpreter or a translator" in that paragraph with "that name or address".

⑦Where the opportunity to inspect documentary evidence or articles of evidence is to be given pursuant to Article 299, paragraph (1), the same applies as in the preceding paragraph also if the extract of the charging sheet, etc. has been submitted pursuant to Article 271-2, paragraph (2), or the extract of the written request for alteration of counts, etc. has been submitted pursuant to Article 312-2, paragraph (2), and it is found that the particulars identifying an individual stated in the charging sheet that are not stated in the extract of the charging sheet, etc., or the particulars identifying an individual stated in the written request for alteration of counts, etc. that are not stated in the extract of the written request for alteration of counts, etc. are those of a person set forth in Article 271-2, paragraph (1), item (i) or item (ii). In this case, the phrase "the name or address of that witness, etc. requested by the public prosecutor" in the preceding paragraph is deemed to be replaced with "those particulars identifying an individual that are included or recorded in them", and the phrase "that witness, etc. requested by the public prosecutor" in the proviso of that paragraph with "the witness pertaining to those particulars identifying an individual".

⑧In the case of the main clause of paragraph (6), when a public prosecutor finds that it is likely impossible to prevent the acts provided in the main clause of the same paragraph by the measures taken pursuant to the provisions of the main clause of the same paragraph (including the case when there is no defense counsel for the defendant), the public prosecutor does not have to give the defendant and the defense counsel an opportunity to inspect the part of the documentary evidence or articles of evidence, in which the name or address of that witness, etc. requested by the public prosecutor is included or recorded, unless this makes it impossible to confirm whether or not that witness, etc. requested by the public prosecutor has an interest in the defendant or other persons concerned, which may contribute to the determination of the probative value of that person's statement, or otherwise is likely to substantially harm the defense of the defendant. In this case, the public prosecutor must give the defendant or the defense counsel an opportunity to learn of a pseudonym in lieu of the name, or a contact address in lieu of the address.

⑨Where the opportunity to inspect documentary evidence or articles of evidence is to be given pursuant to Article 299, paragraph (1), the same applies as in the preceding paragraph also if the extract of the charging sheet, etc. or the extract of the written request for alteration of counts, etc. has been submitted pursuant to Article 271-3, paragraph (3) or Article 271-4, paragraph (4), and it is found that the particulars identifying an individual stated in the charging sheet that are not stated in the extract of the charging sheet, etc., or the particulars identifying an individual stated in the written request for alteration of counts, etc. that are not stated in the extract of the written request for alteration of counts, etc. are those of a person set forth in Article 271-2, paragraph (1), item (i) or item (ii). In this case, the phrase "that witness, etc. requested by the public prosecutor has an interest in the defendant or other persons concerned, which may contribute to the determination of the probative value of that person's statement" in the preceding paragraph is deemed to be replaced with "the witness pertaining to those particulars identifying an individual has an interest in the defendant or other persons concerned, which may contribute to the determination of the probative value of the testimony of that witness", and the phrase "the name or address of that witness, etc. requested by the public prosecutor" in that paragraph with "those particulars identifying an individual".

⑩In the case prescribed in the first sentence of paragraph (7), the same applies as in paragraph (8) also when the defendant has no defense counsel. In this case, the phrase "that witness, etc. requested by the public prosecutor has an interest in the defendant or other persons concerned, which may contribute to the determination of the probative value of that person's statement" in paragraph (8) is deemed to be replaced with "the witness pertaining to those particulars identifying an individual has an interest in the defendant or other persons concerned, which may contribute to the determination of the probative value of the testimony of that witness", and the phrase "the name or address of that witness, etc. requested by the public prosecutor" in that paragraph with "those particulars identifying an individual".

⑪A public prosecutor must, when having taken measures pursuant to the provisions of the preceding paragraphs, promptly notify the court to that effect.