A person who has been requested for an expert examination pursuant to the provisions of the preceding Article may carry out the measures prescribed in Article 168, paragraph (1) with the permission of a judge.
When a public prosecutor has requested an expert examination pursuant to the provisions of the preceding Article, the request for the permission under the preceding paragraph must be made by the public prosecutor.
A judge must issue a written permit when the judge finds the request under the preceding paragraph appropriate, or when giving the permission under paragraph (1) in a case where a court or a judge has requested an expert examination.
Changes by (Act No. 39 of 2025)
The provisions of Article 131, Article 137, Article 138, Article 140 and Article 168, paragraphs (2) through (4) apply mutatis mutandis to the permission under paragraph (1) and the written permit under the preceding paragraph. In this case, the term "defendant" in Article 137, paragraph (1) is deemed to be replaced with "person subject to the execution of a decision", and the phrase "the name of the defendant, the crime" in Article 168, paragraph (2) is deemed to be replaced with "the name of the person subject to the execution of a decision".
Read this with the articles around it
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.