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.
差し押さえるべき物件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。
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;
容疑者以外の者の物件又は住居その他の場所を臨検しようとするとき その物件又は場所が違反事件に関係があると認めるに足りる状況があることを認めるべき資料
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;
容疑者以外の者の身体、物件又は住居その他の場所について捜索しようとするとき 差し押さえるべき物件の存在及びその物件が違反事件に関係があると認めるに足りる状況があることを認めるべき資料
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
容疑者以外の者の物件を差し押さえようとするとき その物件が違反事件に関係があると認めるに足りる状況があることを認めるべき資料
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.
Read this with the articles around it
immigration control officer
「入国警備官」
The immigration official provided for in Article 61-3-2, who investigates violations and detains, escorts and removes people, among other duties.
Defined inArticle 2, paragraph (1), item (xiii)· applies throughout the law
investigation into violations
「違反調査」
An investigation by an immigration control officer into a possible breach of the rules on foreign nationals' entry, landing or residence.
Defined inArticle 2, paragraph (1), item (xiv)· applies throughout the law
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 2, paragraph (1), item (xvii)· applies throughout the law
suspect
「容疑者」
A foreign national whom an immigration control officer believes falls under one of the grounds for deportation in Article 24, and who may therefore be investigated.
Short name set inArticle 27, paragraph (1)
seizure with a recording ordermachine translation
「記録命令付差押え」
A seizure in which an immigration control officer (入国警備官) investigating a violation orders a person who keeps electronic or magnetic records (電磁的記録), or anyone else with authority to use them, to record the records needed onto a recording medium or print them out, and then seizes that medium.
Defined inArticle 31, paragraph (1)· applies only in this section
permitmachine translation
「許可状」
A warrant issued in advance by a judge that lets an immigration control officer inspect premises, search or seize things in a violation investigation.
Short name set inArticle 31, paragraph (4)· applies only in this section, except in Article 37-5, paragraphs (4) and (5)
summary court
簡易裁判所
One of the four kinds of lower court (下級裁判所) beneath the Supreme Court, with the high courts (高等裁判所), the district courts (地方裁判所) and the family courts (家庭裁判所) (Courts Act, Article 1, and Article 2, paragraph (1)). A summary court has jurisdiction at first instance over civil claims whose value does not exceed 1.4 million yen, other than claims in administrative cases, and over criminal cases for offences punishable by no more than a fine or for which a fine is one of the penalties the law allows, among others (Article 33, paragraph (1)). A petition for court mediation goes, unless a special rule says otherwise, to the summary court for the place where the other party lives or has its business office or other office, or to a district court or summary court the parties agree on (Civil Mediation Act, Article 3, paragraph (1)).
Written by AI using Courts Act, Arts. 1, 2, 33 and Civil Mediation Act, Art. 3 as a reference.