Immigration Control and Refugee Recognition Act

If an immigration control officer considers that a foreign national falls under any of the items of Article 24, the officer may conduct an investigation into any violation that may have been committed by that foreign national (hereinafter referred to as "suspect").

An immigration control officer may conduct necessary interrogation in order to attain the objectives of an investigation into possible violation; provided, however, that mandatory disposal may not be enforced unless special provisions are provided in this Chapter and Chapter VIII.

An immigration control officer may make inquiries to public offices or to public or private organizations and request reports on necessary facts for investigation into violations.

An immigration control officer may request the appearance of a suspect and interrogate them, if it is necessary for an investigation into violation.

In the case referred to in the preceding paragraph, the immigration control officer must enter the suspect's statement on the written evidence.

In preparing the written evidence as set forth in the preceding paragraph, the immigration control officer must have the suspect inspect the written evidence or the immigration control officer must read it aloud to the suspect, and have them sign it, and the officer must affix their own signature thereto.

In the case referred to in the preceding paragraph, if the suspect is unable to sign or refuses to sign the statement, the immigration control officer must make an additional entry to that effect in the written evidence.

An immigration control officer may request the appearance of a witness and interview them, if it is necessary for an investigation into violation.

In the case referred to in the preceding paragraph, the immigration control officer must enter the witness's statement in the written evidence.

The provisions of paragraphs (3) and (4) of the preceding Article apply mutatis mutandis to the case referred to in the preceding paragraph. In this case, "suspect" in paragraphs (3) and (4) of the preceding Article is deemed to be replaced with "witness."

An immigration control officer may retain objects that a suspect or witness has voluntarily submitted or left behind.

An immigration control officer may, if it is necessary for conducting an investigation into violations, carry out an official inspection, search, seizure or seizure with a recording order (meaning ordering a person who keeps electronic or magnetic records or any other person who has the authority to use electronic or magnetic records to record the necessary electronic or magnetic records onto a recording medium or print them out, and then seizing the recording medium; the same applies hereinafter in this Section) with a permit issued in advance by a judge of the district court or summary court with jurisdiction over the location of the office to which the officer belongs.

If the object to be seized is a computer, the electronic or magnetic records may be copied onto the computer or another recording medium from a recording medium which is connected to the computer via a telecommunications line and which, under the circumstances, can be reasonably found to be used to store electronic or magnetic records created or modified using the computer or electronic or magnetic records that are to be modifiable or erasable using the computer, and the computer or the other recording medium may then be seized.

In the cases referred to in the preceding two paragraphs, in cases of urgency, the immigration control officer may take the actions set forth in the preceding two paragraphs with a permit issued in advance by a judge of the district court or summary court with jurisdiction over the location of the object or place subject to official inspection, the body, object or place subject to search, the object subject to seizure, or the person to be ordered to record or print out electronic or magnetic records.

When requesting the permit set forth in paragraph (1) or the preceding paragraph (hereinafter referred to as a "permit" in this Section, except in Article 37-5, paragraphs (4) and (5)), the immigration control officer must attach materials giving grounds to consider that the suspect falls under any of the items of Article 24 and the materials specified in the following items in accordance with the categories of cases set forth in those items:

when seeking to carry out an official inspection of an object, or a residence or other place, of a person other than the suspect:materials showing that there are circumstances sufficient to find that the object or place is related to the case of violation;

when seeking to conduct a search of the body, an object, or a residence or other place, of a person other than the suspect:materials showing that there are circumstances sufficient to find the existence of the object to be seized and that the object is related to the case of violation;

when seeking to seize an object of a person other than the suspect:materials showing that there are circumstances sufficient to find that the object is related to the case of violation; and

when seeking to seize electronic or magnetic records kept by a person other than the suspect, being necessary electronic or magnetic records that the person who keeps them or any other person who has the authority to use them has been ordered to record or print out:materials showing that there are circumstances sufficient to find that the electronic or magnetic records are related to the case of violation.

When the request set forth in the preceding paragraph has been made, the judge of the district court or summary court must issue to the immigration control officer a permit bearing the judge's name and seal which states the name of the suspect, the object or place subject to official inspection, the body, object or place subject to search, the object to be seized, or the electronic or magnetic records to be recorded or printed out and the person to be ordered to record or print them out, as well as the official title and name of the requesting person, the validity period, the fact that execution may not be commenced after the validity period has passed and that the permit must then be returned, the date of issuance and the name of the court.

In the case referred to in paragraph (2), the permit must state, in addition to the particulars prescribed in the preceding paragraph, the scope of the recording media connected to the computer to be seized via a telecommunications line from which the electronic or magnetic records are to be copied.

An immigration control officer may deliver the permit to another immigration control officer and have them carry out the official inspection, search, seizure or seizure with a recording order.

An immigration control officer may, if it is necessary for conducting an investigation into violations, upon receiving the issuance of a permit, seize postal items, correspondence delivery items or documents concerning telegrams that have been sent by or to the suspect and that are kept or possessed by a person handling communications services pursuant to the provisions of laws and regulations.

An immigration control officer may, upon receiving the issuance of a permit, seize postal items, correspondence delivery items or documents concerning telegrams that do not fall under the provisions of the preceding paragraph and that are kept or possessed by a person handling communications services pursuant to the provisions of laws and regulations, limited to those for which there are circumstances sufficient to find that they are related to the case of violation.

If an immigration control officer has carried out a disposition pursuant to the provisions of the preceding two paragraphs, the officer must notify the sender or recipient to that effect; provided, however, that this does not apply if the notification is likely to obstruct the investigation into violations.

If it is necessary for carrying out a seizure or seizure with a recording order, an immigration control officer may, specifying the necessary electronic or magnetic records among the electronic or magnetic records of the source, destination, date and time and other communication history of telecommunications that are recorded in the course of business, and setting a period not exceeding 30 days, request in writing a person engaged in the business of providing facilities for telecommunications for the communications of others, or a person who has installed facilities for telecommunications capable of intermediating the communications of unspecified or a large number of persons for their own business, not to erase those records. In this case, if the officer comes to find that there is no need to carry out a seizure or seizure with a recording order with regard to the electronic or magnetic records, the officer must withdraw the request.

The period for which a request not to erase is made pursuant to the provisions of the preceding paragraph may, if particularly necessary, be extended within a range not exceeding 30 days; provided, however, that the total period for which the request not to erase is made may not exceed 60 days.

In making a request pursuant to the provisions of paragraph (1), if necessary, a request may be made that matters concerning the request not be divulged without good reason.

If the object to be seized is a recording medium relating to electronic or magnetic records, the immigration control officer may carry out the following dispositions in lieu of the seizure:

copying, printing out or transferring the electronic or magnetic records recorded on 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 recorded on the recording medium to be seized onto another recording medium, and then seizing that other recording medium.

An immigration control officer may, if it is necessary for conducting an official inspection, search, seizure or seizure with a recording order, remove locks, open seals, or carry out any other necessary dispositions.

The dispositions set forth in the preceding paragraph may also be carried out with regard to retained articles, seized articles or articles seized with a recording order.

If the object subject to official inspection or the object to be seized is a recording medium relating to electronic or magnetic records, the immigration control officer may request the person subject to the official inspection, search or seizure to operate the computer or provide other necessary cooperation.

A permit for official inspection, search, seizure or seizure with a recording order must be presented to the person subject to those dispositions.

An immigration control officer must carry their identification card with them and show it upon request by the person concerned while conducting questioning, retention, official inspection, search, seizure or seizure with a recording order pursuant to the provisions of this Section.

An immigration control officer must, in conducting an official inspection, search, seizure or seizure with a recording order at a residence or other buildings, ensure that the owner, lessee, administrator or other persons who acts in the capacity of that person is present. If this cannot be done, they must ensure that a neighbor or an official of the local government is present.

When a search of the body of a woman is conducted, an adult woman must be present; provided, however, that this does not apply in cases of urgency.

An immigration control officer must not enter any residence or other buildings to conduct an official inspection, search, seizure or seizure with a recording order before sunrise or after sunset, unless the permit indicates that it may be executed at night.

An immigration control officer may, in the event that they have begun the official inspection, search, seizure or seizure with a recording order before sunset, continue the act after sunset.

An immigration control officer is not required to act pursuant to the restrictions prescribed in paragraph (1) while conducting an official inspection, search, seizure or seizure with a recording order at the following places:

any place which is considered to be commonly used for acts prejudicial to public morals; or

a hotel, restaurant or any other place which the public is able to enter and leave at night; provided however, that this applies only during the hours that the place is open to the public.

An immigration control officer may prohibit any person from entering or exiting the premises without permission while conducting interrogation, official inspection, search, seizure or seizure with a recording order pursuant to the provisions of this Section.