第二百十八条
Public prosecutors, public prosecutor's assistant officers or judicial police officials may, when it is necessary for the investigation of an offense, upon a warrant issued by a judge, conduct a seizure or search, issue an order to provide electronic or magnetic records, or conduct an inspection. In this case, the inspection and examination of a person must be conducted upon a warrant for physical examination.
Where the article to be seized is a computer, and with regard to a recording medium connected via telecommunication lines to such computer, it may be reasonably supposed that such recording medium was used to retain electronic or magnetic records, which have been made or altered using such computer or electronic or magnetic records which may be altered or erased using such computer, the computer or other recording medium may be seized after such electronic or magnetic records have been copied onto such computer or other recording medium.
差し押さえるべき物が電子計算機であるときは、当該電子計算機に電気通信回線で接続している記録媒体であつて、当該電子計算機で作成若しくは変更をした電磁的記録又は当該電子計算機で変更若しくは消去をすることができることとされている電磁的記録を保管するために使用されていると認めるに足りる状況にあるものから、その電磁的記録を当該電子計算機又は他の記録媒体に複写した上、当該電子計算機又は当該他の記録媒体を差し押さえることができる。
When a public prosecutor, a public prosecutor's assistant officer or a judicial police official issues an order to provide electronic or magnetic records, they may, if necessary, with the permission of a judge, order the person who is to receive that order to provide electronic or magnetic records, for a period set not exceeding one year, not to disclose without good reason the fact of having received that order to provide electronic or magnetic records or the fact of having provided or not provided the electronic or magnetic records ordered to be provided by that order to provide electronic or magnetic records.
When a suspect is placed under physical restraint, said suspect's fingerprints or a print of their feet may be taken, said suspect's height or weight may be measured and photographs of said suspect may be taken without the warrant set forth in paragraph (1), only when said suspect is not stripped naked.
身体の拘束を受けている被疑者の指紋若しくは足型を採取し、身長若しくは体重を測定し、又は写真を撮影するには、被疑者を裸にしない限り、第一項の令状によることを要しない。
The warrant set forth in paragraph (1) is issued upon the request of a public prosecutor, a public prosecutor's assistant officer or a judicial police officer.
第一項の令状は、検察官、検察事務官又は司法警察員の請求により、これを発する。
Changes and moves to paragraph (7) by (Act No. 39 of 2025)
The request for the permission under paragraph (3) must be made by a public prosecutor, a public prosecutor's assistant officer or a judicial police officer when making the request under the preceding paragraph.
Moves to paragraph (8) by (Act No. 39 of 2025)
When a public prosecutor, a public prosecutor's assistant officer or a judicial police official has issued an order under the provisions of paragraph (3) and the need for it no longer exists, they must rescind the order, either on their own initiative or upon the request of the person who received the order.
Moves to paragraph (9) by (Act No. 39 of 2025)
When a public prosecutor, a public prosecutor's assistant officer or a judicial police officer requests a warrant for an inspection and examination of a person, said public prosecutor, public prosecutor's assistant officer or judicial police officer must indicate the reason for the necessity of the inspection and examination, the sex and physical condition of the person to be inspected and examined and other particulars as provided in the Rules of Court.
検察官、検察事務官又は司法警察員は、身体検査令状の請求をするには、身体の検査を必要とする理由及び身体の検査を受ける者の性別、健康状態その他裁判所の規則で定める事項を示さなければならない。
Moves to paragraph (10) by (Act No. 39 of 2025)
A judge may provide conditions that said judge deems appropriate for the inspection and examination of a person.
裁判官は、身体の検査に関し、適当と認める条件を付することができる。
第二百十九条
Changes by (Act No. 39 of 2025)
The warrant set forth in the preceding Article must contain the name of the suspect or defendant, the charged offense, the articles to be seized, the place, body or articles to be searched, the electronic or magnetic records to be provided, the person who is to provide them and the method of provision, the place or articles to be inspected, or the person to be inspected and examined and conditions regarding the inspection and examination of a person, the period of validity, a statement to the effect that after the lapse of such period seizure, search or inspection may not be commenced or an order to provide electronic or magnetic records may not be issued, and that the warrant must be returned, the date of issue, and other particulars as prescribed in the Rules of Court; and the judge must affix said judge's name and seal to it.
Changes by (Act No. 39 of 2025)
In cases of paragraph (2) of the preceding Article, in addition to the particulars prescribed in the preceding paragraph, the warrant set forth in the preceding Article must contain the scope to be copied out of the electronic or magnetic records with regard to the recording medium connected via telecommunication lines to the computer which is to be seized.
Changes and moves to paragraph (4) by (Act No. 39 of 2025)
When granting the permission under paragraph (3) of the preceding Article, the judge must state in the warrant of that Article to that effect and the period for which non-disclosure is ordered pursuant to that paragraph.
Changes and moves to paragraph (5) by (Act No. 39 of 2025)
The provisions of Article 64, paragraph (2) apply mutatis mutandis to the warrant set forth in the preceding Article.
第二百二十条
When public prosecutors, public prosecutor's assistant officers or judicial police officials arrest a suspect pursuant to the provisions of Article 199 or arrest an offender caught in the act, said person may, when it is necessary, take the following measures. The same applies, when it is necessary, to cases where the suspect is arrested pursuant to the provisions of Article 210:
entry into the residence of another person, or the premises, buildings or vessels guarded by another person to search for a suspect;
人の住居又は人の看守する邸宅、建造物若しくは船舶内に入り被疑者の捜索をすること。
search, seizure or inspection on the spot at the arrest of a suspect.
逮捕の現場で差押、捜索又は検証をすること。
The seized materials must be returned immediately when an arrest warrant is not obtained in the case set forth in the second sentence of the preceding paragraph. The provisions of Article 123, paragraph (3) apply mutatis mutandis in this case.
For the measures set forth in paragraph (1), a warrant need not be obtained.
第一項の処分をするには、令状は、これを必要としない。
The provisions of paragraph (1), item (ii) and the preceding paragraph apply mutatis mutandis to cases where a public prosecutor's assistant officer or a judicial police official executes a subpoena or detention warrant. The provisions of paragraph (1), item (i) also apply mutatis mutandis to cases where the subpoena or detention warrant issued against a suspect is executed.
第二百二十一条
Public prosecutors, public prosecutor's assistant officers or judicial police officials may retain articles which have been left behind by a suspect or other persons, or those which have been voluntarily produced by their owner, possessor or custodian.
検察官、検察事務官又は司法警察職員は、被疑者その他の者が遺留した物又は所有者、所持者若しくは保管者が任意に提出した物は、これを領置することができる。
第二百二十二条
Changes by (Act No. 39 of 2025)
The provisions of Article 99, paragraph (1), Article 100, Article 102, Articles 103 through 105, Article 110, the first sentence of Article 110-2, the first sentence of Article 111, paragraph (1) and Article 111, paragraph (2), the first sentence of Article 111-2, Article 112, Article 114, Article 115, Article 118, Article 119, Article 120, paragraph (1), Article 121, paragraphs (1) and (2), Article 122, Article 123, paragraphs (1) through (3), and Article 124 apply mutatis mutandis to a seizure or search conducted by a public prosecutor, public prosecutor's assistant officer or judicial police official pursuant to the provisions of Article 218, Article 220 and the preceding Article; the provisions of Article 110 apply mutatis mutandis to 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)) issued by a public prosecutor, public prosecutor's assistant officer or judicial police official pursuant to the provisions of Article 218; the provisions of Article 105-2, Article 110, Article 111, paragraph (3), Article 120, paragraphs (2) and (3) and Article 123-2, paragraph (1) apply mutatis mutandis to an order to provide electronic or magnetic records (limited to an order for provision by the method set forth in (b) of that item) (including having electronic or magnetic records provided under that order to provide electronic or magnetic records) issued by a public prosecutor, public prosecutor's assistant officer or judicial police official pursuant to the provisions of Article 218; and the provisions of Article 110, the first sentence of Article 111-2, Article 112, Article 114, Article 118, Article 129, Article 131 and Articles 137 through 140 apply mutatis mutandis to an inspection conducted by a public prosecutor, public prosecutor's assistant officer or judicial police official pursuant to the provisions of Article 218 or Article 220, respectively; provided, however, that a judicial police constable may not take the dispositions prescribed in Articles 122 through 124.
第九十九条第一項、第百条、第百二条、第百三条から第百五条まで、第百十条、第百十条の二前段、第百十一条第一項前段及び第二項、第百十一条の二前段、第百十二条、第百十四条、第百十五条、第百十八条、第百十九条、第百二十条第一項、第百二十一条第一項及び第二項、第百二十二条、第百二十三条第一項から第三項まで並びに第百二十四条の規定は、検察官、検察事務官又は司法警察職員が第二百十八条、第二百二十条及び前条の規定によつてする押収又は捜索について、第百十条の規定は、検察官、検察事務官又は司法警察職員が第二百十八条の規定によつてする電磁的記録提供命令(第百二条の二第一項第一号イに掲げる方法による提供を命ずるものに限る。)について、第百五条の二、第百十条、第百十一条第三項、第百二十条第二項及び第三項並びに第百二十三条の二第一項の規定は、検察官、検察事務官又は司法警察職員が第二百十八条の規定によつてする電磁的記録提供命令(同号ロに掲げる方法による提供を命ずるものに限る。)(当該電磁的記録提供命令により電磁的記録を提供させることを含む。)について、第百十条、第百十一条の二前段、第百十二条、第百十四条、第百十八条、第百二十九条、第百三十一条及び第百三十七条から第百四十条までの規定は、検察官、検察事務官又は司法警察職員が第二百十八条又は第二百二十条の規定によつてする検証について、それぞれ準用する。ただし、司法巡査は、第百二十二条から第百二十四条までに規定する処分をすることができない。
Where searching the suspect pursuant to the provisions of Article 220 requires urgency, compliance with the provisions of Article 114, paragraph (2) is not required.
The provisions of Article 116 and Article 117 apply mutatis mutandis to seizures or searches conducted by a public prosecutor, public prosecutor's assistant officer or a judicial police official pursuant to the provisions of Article 218.
Changes by (Act No. 39 of 2025)
Public prosecutors, public prosecutor's assistant officers or judicial police officials may not enter, before sunrise or after sunset, the residence of a person, or premises, building or vessel guarded by a person for the purpose of inspection pursuant to the provisions of Article 218, unless the warrant contains a written statement that inspection during the night is permitted; provided however, that this does not apply to the places set forth in each item of Article 117.
When an inspection starts before sunset, it may continue even after sunset.
日没前検証に着手したときは、日没後でもその処分を継続することができる。
Public prosecutors, public prosecutor's assistant officers or judicial police officials may, when it is necessary to conduct a seizure, search or inspection pursuant to the provisions of Article 218, have the suspect attend it.
When any person who refuses an inspection and examination of a person is to be imposed a non-criminal fine or to be ordered to compensate for expenses in accordance with the provisions of paragraph (1), the request for such dispositions must be made to the court.
第一項の規定により、身体の検査を拒んだ者を過料に処し、又はこれに賠償を命ずべきときは、裁判所にその処分を請求しなければならない。
Changes by (Act No. 39 of 2025)
When a public prosecutor, public prosecutor's assistant officer or judicial police official issues an order to provide electronic or magnetic records pursuant to the provisions of Article 218, if it is necessary for showing the warrant pursuant to the provisions of Article 110 as applied mutatis mutandis in paragraph (1), the official may, with the permission of a judge, enter the residence of a person, or premises, building or vessel guarded by a person.
The request for the permission under the preceding paragraph must be made by the public prosecutor, public prosecutor's assistant officer or judicial police officer when making the request under Article 218, paragraph (5).
Changes by (Act No. 39 of 2025)
When granting the permission under paragraph (8), the judge must state the place to be entered in the warrant under Article 218.
Changes by (Act No. 39 of 2025)
When a public prosecutor, public prosecutor's assistant officer or judicial police official issues an order to provide electronic or magnetic records pursuant to the provisions of Article 218 (limited to when the permission under paragraph (8) has been obtained), with regard to showing the warrant pursuant to the provisions of Article 110 as applied mutatis mutandis in paragraph (1), the dispositions set forth in the following items and other necessary dispositions may be taken:
to unlock locks;
錠を外すこと。
Changes by (Act No. 39 of 2025)
to prohibit any person from entering or leaving the place where the warrant is shown without the permission of a public prosecutor, public prosecutor's assistant officer or judicial police official;
何人に対しても、検察官、検察事務官又は司法警察職員の許可を受けないで令状の提示をする場所に出入りすることを禁止すること。
Changes by (Act No. 39 of 2025)
to cause a person who does not comply with a disposition under this paragraph (limited to the part pertaining to the preceding item) to leave, or to place the person under guard until the showing of the warrant is completed.
Changes by (Act No. 39 of 2025)
Notwithstanding paragraph (8), before sunrise or after sunset, a public prosecutor, public prosecutor's assistant officer or judicial police official may not enter the residence of a person, or premises, building or vessel guarded by a person for the purpose of showing the warrant pursuant to the provisions of Article 110 as applied mutatis mutandis in paragraph (1) when issuing an order to provide electronic or magnetic records pursuant to the provisions of Article 218, unless the warrant under Article 218 (limited to a warrant stating the place to be entered pursuant to the provisions of paragraph (10)) contains a written statement to the effect that the warrant may be shown during the night; provided, however, that this does not apply to the places set forth in each item of Article 117.
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)
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.