Financial Instruments and Exchange Act

The Commission official may inquire with public agencies, or public or private organizations, and request them to report necessary particulars for the investigation of criminal cases.

If it is necessary for investigating a criminal case, a Commission official may conduct an inspection; search the body of a suspect or witness in a criminal case, an object of a suspect or witness in a criminal case, or a residence or any other place associated with a suspect or witness in a criminal case; seize an article of evidence or a thing the official considers to be an object that should be confiscated; or conduct a seizure with an order to produce a copy of records (meaning ordering the keeper of an electronic or magnetic record or a person with the authority to access an electronic or magnetic record to copy the necessary electronic or magnetic record onto a recording medium, or print out that record, and seizing that recording medium; hereinafter the same applies in this Chapter) through a warrant issued in advance by the judge of the district court or summary court that has jurisdiction over the locality of the Commission; provided, however, that a Commission official may search the body of a witness, an object associated with a witness, or a residence or any other place associated with a witness only if there are sufficient circumstances for the official to discern the existence of an object to be seized.

If an object to be seized is a computer, starting from a recording medium connected via telecommunication lines to that computer which may be reasonably supposed that is used to store an electronic or magnetic record that has been made or altered using that computer or an electronic or magnetic record that may be altered or erased using that computer, the computer or the other recording medium may be seized after the electronic or magnetic record is copied onto that computer or that other recording medium.

In the cases referred to in the preceding two paragraphs, in cases of urgency, a Commission official may make a disposition referred to in the preceding two paragraphs with a warrant issued in advance by the judge of the district court or the summary court that has jurisdiction over the locality of the person who is to record or print out the object or place to be inspected, the body, object, or place to be searched, the object to be seized, or the electronic or magnetic record.

In requesting a warrant referred to in paragraph (1) or the preceding paragraph (hereinafter referred to as a "warrant" in this Chapter, excluding Article 222-3, paragraphs (4) and (5)), a Commission official must submit materials that confirm the existence of a criminal case.

If a request under the preceding paragraph is made, the judge of the district court or the summary court must deliver a warrant to a Commission official which states the name of the suspect in the criminal case (for a corporation, the name of the corporation), the charged offense, the object or place to be inspected, the person, object, or place to be searched, the object to be seized, or the electronic or magnetic record to be recorded or printed out and the person who is to record or print out the record, and the government position and name of the requester, the valid period, the fact that after the valid period ends, the warrant may not be executed and must be returned, the date of issuance and the name of the court, and bears their name and seal.

In the case referred to in paragraph (2), in addition to the particulars prescribed in the preceding paragraph, the warrant must state the scope of the recording medium that is connected via telecommunication lines to the computer to be seized, and whose electronic or magnetic records are to be copied.

A Commission official may deliver a warrant to another Commission official and have that official execute the inspection, search, seizure, or seizure with an order to produce a copy of records.

If it is necessary for investigating a criminal case, a Commission official may seize a document concerning a postal item, correspondence item, or telegraphic communication sent by or addressed to a suspect in a criminal case, which, based on the provisions of laws and regulations, is stored by or in the possession of a person handling communications, by receiving delivery of a warrant.

A Commission official may seize a document concerning a postal item, correspondence item, or telegraphic communication not falling under the preceding paragraph, which, based on the provisions of laws and regulations, is stored by or in the possession of a person handling communications only if there are sufficient circumstances to suppose that the document is related to a criminal case.

Upon making the disposition under the provisions of the preceding two paragraphs, Commission official must notify the sender or recipient to that effect; provided, however, that this does not apply if notifying the sender or recipient is likely to hinder the investigation of the criminal case.

If it is necessary for carrying out the seizure or the seizure with an order to produce a copy of records, a Commission official may specify the necessary electronic or magnetic records from among the electronic or magnetic records of the sender, recipient, date and time, and other communications history, for telecommunications that are recorded in the course of business, and request in writing that a person engaged in the business of making equipment to be used for telecommunication available for other persons' communications or a person that has established equipment which is used for telecommunication and that is capable of intermediating the communications of unspecified or many persons for their own business not to erase the specified electronic or magnetic records during a fixed period of no longer than 30 days. In such a case, if the Commission official comes to find that it is no longer necessary to carry out the seizure or the seizure with an order to produce a copy of records concerning those electronic or magnetic records, the Commission official must withdraw that request.

If it is particularly necessary, the period during which the request is made not to erase the records pursuant to the provisions of the preceding paragraph may be extended by a period of no longer than 30 days; provided however, that the period during which the request is made not to erase the records may not exceed 60 days in total.

If it is necessary to do so in making a request under the provisions of paragraph (1), the Commission official may request that the particulars of that request not be divulged without reason.

If the object to be seized is a recording medium containing electronic or magnetic records, a Commission official may make any of the following dispositions in lieu of the seizure of the recording medium:

copying, printing out, or transferring the electronic or magnetic records contained in the recording medium to be seized onto another recording medium, and then seizing that other recording medium; or

having the person subject to the seizure copy, print out, or transfer the electronic or magnetic records contained in the recording medium to be seized onto another recording medium, and then seizing that other recording medium.

It is prohibited for an inspection, a search, a seizure, or a seizure with an order to produce a copy of records to be made during the period between sunset and sunrise unless the warrant indicates that this may be executed at night.

An inspection, a search, a seizure, or a seizure with an order to produce a copy of records that was initiated before sunset may be continued after sunset, if this is found to be necessary.

The warrant for an inspection, a search, a seizure, or a seizure with an order to produce a copy of records must be presented to the person subject to those dispositions.

When carrying out questioning, examination, retention, inspection, search, seizure, or seizure with an order to produce a copy of records pursuant to the provisions of this Chapter, a Commission official must carry an identification card and present it if requested by a person concerned.

If it is necessary to do so in order to carry out an inspection, a search, qa seizure, or a seizure with an order to produce a copy of records, a Commission official may release a lock, open a seal, or make other necessary dispositions.

The dispositions referred to in the preceding paragraph may also be made with respect to retained objects, seized objects, or objects seized with an order to produce a copy of records.

If the object to be inspected or the object to be seized is a recording medium containing electronic or magnetic records, a Commission official may ask the person subject to the inspection, search, or seizure to operate the computer or provide other necessary cooperation.