Section 4 Evidence

Facts are established on the basis of evidence.

The probative value of evidence is left to the free discretion of the judge.

①Confession under coercion, torture, threats, after unduly prolonged detention or when there is doubt about said confession being voluntary may not be admitted as evidence.

②The defendant may not be convicted when the confession, whether it was made in open court or not, is the only piece of incriminating evidence.

③The confession prescribed in the preceding two paragraphs includes admission of guilt regarding the charged offense.

①No document nor statement of another person made on a day other than the trial date may be used as evidence in lieu of a statement made on the trial date, unless as otherwise prescribed in Articles 321 to 328.

②When the ruling prescribed in Article 291-2 has been rendered, the provisions of the preceding paragraph do not apply to the evidence; provided however, that this does not apply to evidence to which the public prosecutor, the defendant or the defense counsel raises an objection.

①A written statement made by a person other than the defendant, or the person's statement recorded and taken down in writing with the person's signature or seal may be used as evidence only in the following cases:

②A document which contains statements given by a person other than the defendant on the trial date or in the trial preparation, or which contains the results of an inspection by a court or a judge may be used as evidence, notwithstanding the provisions of the preceding paragraph.

③A document which contains the results of an inspection by a public prosecutor, a public prosecutor's assistant officer or a judicial police official may be used as evidence notwithstanding the provisions of paragraph (1), if the inspector attends the trial as a witness on the trial date and verifies upon examination the authenticity of the document that was prepared.

④The provisions of the preceding paragraph are applied to a document made by an expert which describes the process and conclusion of the expert examination.

①Notwithstanding the provisions of paragraph (1) of the preceding Article, a written statement, part of which is accompanied with a recording medium on which the examination and testimony of a witness made through the means provided in Article 157-6, paragraph (1) or (2) during criminal proceedings other than those in the trial preparation or on the trial date of the case under public prosecution or during criminal proceedings of other case, and the circumstances surrounding the examination and testimony are recorded, may be used as evidence. In this case, a court must give the persons concerned in the case an opportunity to examine those who have made statements as witnesses, after the examination of the written statement.

②When a court examines a written statement pursuant to the provisions of the preceding paragraph, the provisions of the proviso of Article 305, paragraph (5) do not apply.

③The statement recorded in the written statement examined pursuant to the provisions of paragraph (1) of this Article is deemed to have been made on the trial date of the case under public prosecution, when applying the first part of Article 295, paragraph (1), and paragraph (1), item (i) and item (ii) of the preceding Article.

①The recording medium on which the statement of the person set forth in item (i) and the circumstances thereof have been recorded by a method of simultaneously recording audio and video (limited to a recording of the statement and its circumstances from the start to the end of the interview in which the statement was made) may, notwithstanding the provisions of Article 321, paragraph (1), be used as evidence if the court finds that the statement was made under circumstances in which the measures set forth in item (ii) were particularly taken, and deems it appropriate considering the circumstances up to the time of the interview and other circumstances. In this case, the court must, after the examination of the recording medium, give the persons concerned in the case an opportunity to examine the person who made the statement as a witness.

②The statement of the person who made the statement that is recorded on the recording medium examined pursuant to the provisions of the preceding paragraph is deemed to have been made on the trial date of the case under public prosecution, when applying the first sentence of Article 295, paragraph (1).

①A written statement made by the defendant or a written statement recording the statement of the defendant which has the defendant's signature or seal affixed by said person may be used as evidence only when the statement contains an admission of a disadvantageous fact, or is made under circumstances that afford special credibility; provided however, that even if the admission is not a confession, a document which contains an admission of a disadvantageous fact may not be used as evidence when there is doubt about it being voluntary as prescribed in Article 319.

②A written statement which records the statement of the defendant on the trial date or in the trial preparation may be used as evidence only when the statement is deemed to have been made voluntarily.

A document other than those prescribed in Article 321 through the preceding Article may be used as evidence only if the document is:

①With regard to a statement made by a person other than the defendant on a trial date or in a trial preparation and which contains the statement of the defendant, the provisions of Article 322 apply mutatis mutandis to it.

②With regard to a statement made by a person other than the defendant on a trial date or in a trial preparation which contains the statement of a person other than the defendant, the provisions of Article 321, paragraph (1), item (iii) apply mutatis mutandis to it.

The court may not use a document or statement which can be used pursuant to the provisions of Article 321 to the preceding Article as evidence unless the court has examined whether the statement in the document, or the statement of another person contained in the statement on the trial date or in the trial preparation, has been made voluntarily.

①A document or statement that the public prosecutor and the defendant have consented for use as evidence may be used as evidence notwithstanding the provisions of Articles 321 to 325 only when the court deems it appropriate considering the circumstances in which the document or statement was made.

②In cases when evidence may be examined without the appearance of the defendant, it is deemed that the defendant has given the consent prescribed in the preceding paragraph when said defendant does not appear at the trial; provided however, that this does not apply when the representative or the defense counsel appears at the trial.

The court may, when the public prosecutor and the defendant or the defense counsel have agreed to write down the content of a certain document or a certain statement that a witness would testify to on the trial date and have submitted such written statement to the court, use it as evidence without examining the original or the witness. However, the probative value of the document may be challenged regardless.

A document or a statement, which cannot be used as evidence pursuant to the provisions of Articles 321 to 324, may be used to challenge the probative value of the statement of the defendant, the witness or other persons on the trial date or in the trial preparation.