Chapter IX Investigations in Criminal Cases (Articles 211-4 to 220)
The law as Act on the Arrangement of Related Acts to Promote the Use of Information and Communications Technology in Civil Procedures, etc. (Act No. 53 of 2023) leaves it, with the words it changes marked.
The main text is read a page at a time: a chapter to a page, and a long chapter in runs of articles. The whole main text, and the supplementary provisions and appended tables this amendment changes. Those it leaves untouched are on the page for the text in force.
Article 211-4第二百十一条の四
Dispositions in Lieu of the Seizure of a Recording Medium Containing Electronic or Magnetic Records(電磁的記録に係る記録媒体の差押えに代わる処分)
Article 211-4, paragraph (1)
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.
Restriction on the Execution of Inspection, Search, or Seizure at Night, etc.(臨検、捜索又は差押えの夜間執行の制限等)
Article 212, paragraph (1)
It is prohibited for an inspection, a search, or a seizure to be made during the period between sunset and sunrise unless the warrant states or records that this may be executed at night.
An inspection, a search, or a seizure that was initiated before sunset may be continued after sunset, if this is found to be necessary.
日没前に開始した臨検、捜索又は差押えは、必要があると認めるときは、日没後まで継続することができる。
Article 212, paragraph (3)
Notwithstanding the provisions of paragraph (2) of the following Article, during the period between sunset and sunrise, a person may not enter a person's residence, or a mansion, building, or vessel that a person watches over, in order to take the measures under paragraph (1) of that Article in the case of issuing an order to provide electronic or magnetic records, unless the warrant (limited to one in which the places to be entered under paragraph (3) of that Article are stated or recorded) states or records that the presentation of the warrant may be made even at night.
With regard to the warrant for an inspection, a search, a seizure, or an order to provide electronic or magnetic records, the measures specified in each of the following items must be taken toward the person subject to those dispositions, in accordance with the category of cases set forth in that item.
If the warrant is in writing: the warrant is shown;
許可状が書面である場合 許可状を示すこと。
Article 213, paragraph (1), item (ii)
If the warrant is an electronic or magnetic record: the particulars recorded in the warrant and the name of the judge of the district court or summary court relating to the measure under Article 211, paragraph (10) (limited to the part pertaining to item (ii)) are shown, in accordance with Cabinet Office Order, by displaying them on the screen of a computer, on paper, or on another thing, or by having the person subject to the disposition display them on the screen of a computer used by that person, on paper, or on another thing.
If a Commission official issues an order to provide electronic or magnetic records and it is necessary for taking the measures under the preceding paragraph, the official may, with the permission of the judge of the district court or summary court, enter a person's residence, or a mansion, building, or vessel that a person watches over.
When granting the permission under the preceding paragraph, the judge of the district court or summary court must state or record the place to be entered in the warrant.
With regard to taking the measures under paragraph (1) in the case where a Commission official issues an order to provide electronic or magnetic records (limited to the case where the permission under paragraph (2) has been obtained), the official may make the following dispositions and other necessary dispositions.
Prohibiting any person from entering or exiting the place where those measures are taken without the permission of a Commission official;
何人に対しても、委員会職員の許可を受けないで当該措置をとる場所に出入りすることを禁止すること。
Article 213, paragraph (4), item (iii)
Having a person who does not comply with a disposition under this paragraph (limited to the part pertaining to the preceding item) leave, or placing a guard over that person until those measures have been completed.
When carrying out questioning, examination, retention, inspection, search, seizure, or an order to provide electronic or magnetic 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.
Necessary Dispositions at the Time of Inspection, Search, or Seizure(臨検、捜索又は差押え等に際しての必要な処分)
Article 215, paragraph (1)
If it is necessary to do so in order to carry out an inspection, a search, or a seizure, 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 a recording medium submitted pursuant to an order to provide electronic or magnetic records (limited to one ordering provision by the method set forth in Article 211, paragraph (1), item (i), (a)).
If a Commission official has had electronic or magnetic records provided pursuant to an order to provide electronic or magnetic records (limited to one ordering provision by the method set forth in Article 211, paragraph (1), item (i), (b)), the official may take measures to confirm the content of those electronic or magnetic records and make other necessary dispositions.
Request for Cooperation from the Person Subject to the Disposition(処分を受ける者に対する協力要請)
Article 215-2, paragraph (1)
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.
Prohibiting Entrance and Exit During Dispositions(処分中の出入りの禁止)
Article 216, paragraph (1)
While carrying out questioning, examination, retention, inspection, search, or seizure pursuant to the provisions of this Chapter, a Commission official may prohibit any person from entering or exiting the place without permission.
When carrying out an inspection, a search, or a seizure at a person's residence, or at a mansion, building, or other place that a person watches over, a Commission official must have the owner or manager (or a representative, agent, or other person that may act on the owner's or manager's behalf) or the employee or co-habiting adult relative of the owner or manager, present at the site.
In the case referred to in the preceding paragraph, if it is not possible to have any of the persons prescribed in that paragraph present at the site, a Commission official must have an adult neighbor of the person, or another police officer or official of the local government, present at the site.
A Commission official may request the assistance of police officers if this is necessary at the time the Commission official carries out an inspection, a search, a seizure, or an order to provide electronic or magnetic records.
Upon carrying out questioning pursuant to the provisions of this Chapter, a Commission official must prepare a record of the questioning (including one prepared as an electronic or magnetic record; the same applies hereinafter in this Article), have the person the official questioned inspect what is specified in each of the following items in accordance with the category of cases set forth in that item, or read it aloud to the person, ask the person whether it contains any errors, and if the person makes a proposal for an addition to, deletion from, or alteration of the record, state or record the person's statement in the record.
If the record is prepared as an electronic or magnetic record: a display of the content of the record.
調書を電磁的記録をもつて作成する場合 調書の内容を表示したもの
Article 219, paragraph (2)
With regard to the record referred to in the preceding paragraph, a Commission official must take, together with the person questioned, the measure specified in each of the following items in accordance with the category of cases set forth in that item; provided, however, that if the person questioned does not take that measure or cannot take it, it is sufficient to append a note of this.
If the record is prepared in writing: signing and sealing the record;
調書を書面をもつて作成する場合 調書に署名押印すること。
Article 219, paragraph (2), item (ii)
If the record is prepared as an electronic or magnetic record: taking a measure specified by Cabinet Office Order in place of signing and sealing the record.
調書を電磁的記録をもつて作成する場合 調書に内閣府令で定める署名押印に代わる措置をとること。
Article 219, paragraph (3)
Upon carrying out an examination, retention, or order to provide electronic or magnetic records pursuant to the provisions of this Chapter, a Commission official must prepare a record of this, and take the measure specified in each of the following items in accordance with the category of cases set forth in that item.
If the record is prepared in writing: signing and sealing the record;
調書を書面をもつて作成する場合 調書に署名押印すること。
Article 219, paragraph (3), item (ii)
If the record is prepared as an electronic or magnetic record: taking a measure specified by Cabinet Office Order in place of signing and sealing the record.
調書を電磁的記録をもつて作成する場合 調書に内閣府令で定める署名押印に代わる措置をとること。
Article 219, paragraph (4)
Upon carrying out an inspection, search, or seizure pursuant to the provisions of this Chapter, a Commission official must prepare a record of this, and show a person who was present what is specified in each of the following items in accordance with the category of cases set forth in that item.
If the record is prepared as an electronic or magnetic record: a display of the content of the record.
調書を電磁的記録をもつて作成する場合 調書の内容を表示したもの
Article 219, paragraph (5)
With regard to the record referred to in the preceding paragraph, a Commission official must take, together with the person who was present, the measure specified in each of the following items in accordance with the category of cases set forth in that item; provided, however, that if the person who was present does not take that measure or cannot take it, it is sufficient to append a note of this.
If the record is prepared in writing: signing and sealing the record;
調書を書面をもつて作成する場合 調書に署名押印すること。
Article 219, paragraph (5), item (ii)
If the record is prepared as an electronic or magnetic record: taking a measure specified by Cabinet Office Order in place of signing and sealing the record.
調書を電磁的記録をもつて作成する場合 調書に内閣府令で定める署名押印に代わる措置をとること。
Article 220第二百二十条
Preparation of a Retention Inventory(領置目録等の作成等)
Article 220, paragraph (1)
Upon carrying out a retention or seizure, or upon having a recording medium submitted pursuant to an order to provide electronic or magnetic records (limited to one ordering provision by the method set forth in Article 211, paragraph (1), item (i), (a)), a Commission official must prepare an inventory in writing or as an electronic or magnetic record and provide it to the owner, possessor, or keeper of the retained object or seized object (including a person rendered a disposition under the provisions of Article 211-4), or the person who received that order to provide electronic or magnetic records, or to any other person that may act on their behalf.
In the case where electronic or magnetic records have been provided pursuant to an order to provide electronic or magnetic records (limited to one ordering provision by the method set forth in Article 211, paragraph (1), item (i), (b)), an inventory must be prepared in writing or as an electronic or magnetic record and provided to the person who received that order to provide electronic or magnetic records or to any other person that may act on that person's behalf.
Notwithstanding the provisions of the preceding two paragraphs, an inventory prepared as an electronic or magnetic record may not be provided if the person who is to receive it objects.
Rules made by the Cabinet to carry out the Constitution and Acts. A Cabinet Order cannot impose duties, restrict rights or set penalties unless an Act delegates that to it.