With regard to evidence other than that disclosed pursuant to the provisions of paragraph (1) of the preceding Article, which falls under one of the categories of evidence set forth in the following items and is found to be important to determine the probative value of particular evidence for examination requested by the public prosecutor, a public prosecutor must, upon request for disclosure from the defendant or the defense counsel, promptly disclose it by the means provided in item (i) of the same paragraph when finding it appropriate taking into account the extent of the importance and other necessities of disclosure for preparation of the defense of the defendant, and the content and extent of possible harmful effects of disclosure; in this case, the public prosecutor may, when finding it necessary, designate the time or means of or set a condition for the disclosure:
articles of evidence;
証拠物
Changes by (Act No. 39 of 2025)
documents describing the results of an inspection by a court or a judge as provided in Article 321, paragraph (2);
第三百二十一条第二項に規定する裁判所又は裁判官の検証の結果を記載した書面
Changes by (Act No. 39 of 2025)
documents provided in Article 321, paragraph (3) or equivalent documents;
第三百二十一条第三項に規定する書面又はこれに準ずる書面
Changes by (Act No. 39 of 2025)
documents provided in Article 321, paragraph (4) or equivalent documents;
第三百二十一条第四項に規定する書面又はこれに準ずる書面
次に掲げる者の供述録取書等
any person the public prosecutor has requested to examine as a witness; or
検察官が証人として尋問を請求した者
any person who has made a statement in the recorded statement documents which the public prosecutor has requested to examine, and whom the public prosecutor plans to request to examine as a witness if consent referred to in Article 326 is not given with regard to those recorded statement documents;
in addition to those set forth in the preceding item, the recorded statement documents of any person other than the defendant, which contain a statement relating to the existence of a fact the public prosecutor plans to prove directly from particular evidence for examination requested by the public prosecutor;
recorded statement documents of the defendant;
被告人の供述録取書等
Changes by (Act No. 39 of 2025)
documents which public prosecutors, public prosecutor's assistant officers or judicial police officials are obliged to prepare in the course of duties under the rules relating to interrogation records, in which the date, time, place and other circumstances of the interrogation of a person under physical restraint are recorded (limited to those concerning the defendant, or a person set forth in item (v), (a) or (b) who is under physical restraint or for whom prosecution has been instituted as an accomplice of the defendant); or
Changes by (Act No. 39 of 2025)
recorded seizure procedure documents of articles of evidence that are evidence for examination requested by the public prosecutor (meaning documents which public prosecutors, public prosecutor's assistant officers or judicial police officials are obliged to prepare in the course of duties under the rules relating to records of seizure procedures or of procedures for having electronic or magnetic records provided by an order to provide electronic or magnetic records (limited to an order that orders provision by the method set forth in Article 102-2, paragraph (1), item (i), (b); hereinafter the same applies in this item), in which the person who seized, the date, place and other circumstances of the seizure of articles of evidence, or the person who made the order, the date of the provision of electronic or magnetic records and other circumstances of the provision of electronic or magnetic records by an order to provide electronic or magnetic records are recorded; the same applies in the following paragraph and paragraph (3), item (ii), (a)).
Changes by (Act No. 39 of 2025)
The preceding paragraph also applies when the defendant or the defense counsel requests disclosure of recorded seizure procedure documents of articles of evidence that are to be disclosed pursuant to the provisions of the same paragraph (excluding those that have been disclosed pursuant to the provisions of paragraph (1) of the preceding Article or the preceding paragraph), and it is found appropriate taking into account the extent of the necessity of disclosure to determine the probative value of particular evidence for examination requested by the public prosecutor using those articles of evidence, and the content and extent of possible harmful effects of disclosure.
The defendant or the defense counsel must, when requesting disclosure under the preceding two paragraphs, clearly indicate matters provided in the following items according to each category of the request for disclosure set forth in each item:
被告人又は弁護人は、前二項の開示の請求をするときは、次の各号に掲げる開示の請求の区分に応じ、当該各号に定める事項を明らかにしなければならない。
in the case of a request for disclosure under paragraph (1), the following matters:
第一項の開示の請求 次に掲げる事項
a category of evidence set forth in each item of paragraph (1), and sufficient particulars to identify the evidence requested to be disclosed; and
第一項各号に掲げる証拠の類型及び開示の請求に係る証拠を識別するに足りる事項
the importance of the evidence requested to be disclosed to determine the probative value of particular evidence for examination requested by the public prosecutor and other reasons for which disclosure is necessary for preparation of the defense of the defendant in light of the content of the case concerned, facts planned to be proven by particular evidence for examination requested by the public prosecutor, the connection between the evidence requested to be disclosed and the particular evidence for examination requested by the public prosecutor, and other circumstances; or
in the case of a request for disclosure under the preceding paragraph, the following matters:
前項の開示の請求 次に掲げる事項
Changes by (Act No. 39 of 2025)
sufficient particulars to identify the recorded seizure procedure documents requested to be disclosed; and
開示の請求に係る押収手続等記録書面を識別するに足りる事項
the reason for which disclosure is necessary to determine the probative value of particular evidence for examination requested by the public prosecutor using articles of evidence to be disclosed pursuant to the provisions of paragraph (1), in light of the connection between those articles of evidence and the particular evidence for examination requested by the public prosecutor, and other circumstances.
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)
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)
facts planned to be provenmachine translation
「証明予定事実」
The facts a party plans to prove by evidence on the trial dates (公判期日); in pretrial arrangement proceedings (公判前整理手続) the public prosecutor must first set them out in a document submitted to the court.
Defined inArticle 316-13, paragraph (1)
evidence for examination requested by the public prosecutor
「検察官請求証拠」
Evidence a public prosecutor has asked the court to examine under Article 316-13 in a case put into pretrial arrangement proceedings (公判前整理手続), which the prosecutor must then promptly disclose to the defendant or defense counsel.
Short name set inArticle 316-14, paragraph (1)
recorded seizure procedure documentmachine translation
「押収手続等記録書面」
A document that a public prosecutor, public prosecutor's assistant officer (検察事務官) or judicial police official must prepare in the course of duty, under the rules on recording seizure procedures and procedures for having electronic or magnetic records (電磁的記録) provided under an order to provide them (電磁的記録提供命令), recording who seized an item of evidence and when, where and how, or who made the order and when and how the records were provided.
Defined inArticle 316-15, paragraph (1), item (ix)· applies only in this provision and in Article 316-15, paragraph (2); and Article 316-15, paragraph (3), item (ii), (a)
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.