Article 40, paragraph (1)

A defense counsel may, after the institution of prosecution, inspect and copy documents relating to the trial (including the records of litigation prescribed in Article 2, paragraph (1) of the Act on Final Criminal Case Records (Act No. 64 of 1987) (limited to those after the conclusion of the trial); the same applies hereinafter except in Article 47) and articles of evidence in a court; provided, however, that the defense counsel must obtain permission from the presiding judge when electronic or magnetic records (meaning records made in an electronic form, a magnetic form or any other form that cannot be perceived by human senses and that are used for information processing by computers; the same applies hereinafter); the same applies hereinafter) (including the records of litigation prescribed in Article 2, paragraph (1) of the Act on Final Criminal Case Records (Act No. 64 of 1987) (limited to those after the conclusion of the trial); the same applies hereinafter except in Article 47) and articles of evidence (including those that are electronic or magnetic records; the same applies hereinafter except in Article 99, paragraph (1), Article 119, Article 203, paragraph (1), Article 242, Article 246, Article 258, Article 306 and Article 307) in a court. In this case, when all or part of the documents relating to the trial or the articles of evidence are electronic or magnetic records, the inspection of the electronic or magnetic record is to be by means of inspecting what displays its contents or viewing and listening to what reproduces its contents, and the copying of the articles of evidenceelectronic or magnetic record is to be by means of duplicating or printing it, or writing or recording what displays or reproduces its contents.