Article 301-2, paragraph (1)

With regard to the following cases, when a public prosecutor requests the examination of a document or electronic or magnetic record that may be used as evidence pursuant to the provisions of Article 322, paragraph (1), has been prepared in conducting an interrogation pursuant to the provisions of Article 198, paragraph (1) (limited to the interrogation of the suspect under arrest or detention; the same applies in paragraph (3)) or giving an opportunity for explanation under the provisions of paragraph (1) of Article 203, 204 or 205 (including cases when these provisions are applied mutatis mutandis pursuant to the provisions of Articles 211 and 216; the same applies in paragraph (3)) with regard to that case and contains an admission of a fact disadvantageous to the defendant, and the defendant or the defense counsel raises an objection relating to the request for the examination on the grounds that the admission is suspected of not being made voluntarily, the public prosecutor must request the examination of the recording medium, electronic or magnetic record on which statements made by the defendant during the period from the commencement of the interrogation or opportunity for explanation in which that document or electronic or magnetic record has been prepared to completion thereof and the circumstances are recorded pursuant to the provisions of paragraph (4) (hereinafter in this paragraph and the following paragraph referred to as the "record of statements and their circumstances"), to prove that the admission is voluntarily made; provided, however, that this does not apply when there is no recording medium record of statements and their circumstances due to absence of recording under the same paragraph (4) as the case falling under one of items of the same paragraph, or other unavoidable circumstances: