Chapter XIV Preservation of Evidence

①The defendant, suspect, or the defense counsel may request of a judge a disposition on a seizure (including the provision under an order to provide electronic or magnetic records (limited to an order for provision by the method set forth in Article 102-2, paragraph (1), item (i), (a))), search, an order to provide electronic or magnetic records (limited to an order for provision by the method set forth in (b) of that item), inspection, witness examination or expert examination, only before the first trial date, and when there are circumstances which suggest that it will be difficult to use the evidence unless it is preserved in advance.

②The judge who has been so requested as prescribed in the preceding paragraph has the same authority as that of a court or a presiding judge with regard to a disposition.

①The public prosecutor and the defense counsel may inspect and copy the documents and articles of evidence pertaining to the dispositions prescribed in paragraph (1) of the preceding Article in court; provided however, that defense counsel must receive permission from the judge to copy the articles of evidence.

②Notwithstanding the provisions of the preceding paragraph, the recording medium provided in Article 157-6, paragraph (5) may not be copied.

③The defendant or suspect may inspect the documents and articles of evidence prescribed in paragraph (1) in court with the permission of the judge; provided however, that this does not apply when defense counsel is assigned to the defendant or suspect.