Article 36-2Dispositions When Suspending Execution
第三十六条の二(執行を中止する場合の処分)
When suspending the execution of an official inspection, search, seizure or seizure with a recording order, if necessary, the place may be closed or a guard may be posted until the execution is completed.
臨検、捜索、差押え又は記録命令付差押えの執行を中止する場合において、必要があるときは、執行が終わるまでその場所を閉鎖し、又は看守者を置くことができる。
Article 36-3Issuance of Search Certificates
第三十六条の三(捜索証明書の交付)
If a search has been conducted and there are no articles of evidence, a certificate to that effect must be issued upon request by the person subject to the search.
捜索をした場合において、証拠物がないときは、捜索を受けた者の請求により、その旨の証明書を交付しなければならない。
Article 37Preparation of Inventories of Retained Objects, etc.
第三十七条(領置目録等の作成等)
In the event that an immigration control officer has carried out a retention, seizure or seizure with a recording order, they must make an inventory thereof and deliver a transcript of it to the owner, holder or custodian of the retained articles, seized articles or articles seized with a recording order (including a person subject to a disposition pursuant to the provisions of Article 31-4) or a person who acts in the capacity of that person.
Article 37-2Handling of Retained Articles, etc.
第三十七条の二(領置物件等の処置)
Retained articles, seized articles or articles seized with a recording order that are inconvenient to transport or keep may, with the consent of their owner, holder or any other person whom the immigration control officer finds appropriate, be placed in the custody of that person upon obtaining a custody receipt.
運搬又は保管に不便な領置物件、差押物件又は記録命令付差押物件は、その所有者又は所持者その他入国警備官が適当と認める者に、その承諾を得て、保管証を徴して保管させることができる。
If retained articles or seized articles have rotted or deteriorated, or are likely to rot or deteriorate, the director of the regional immigration services bureau may, pursuant to the provisions of Cabinet Order, sell them at public auction after giving public notice and deposit the proceeds.
地方出入国在留管理局長は、領置物件又は差押物件が腐敗し、若しくは変質したとき、又は腐敗若しくは変質のおそれがあるときは、政令で定めるところにより、公告した後これを公売に付し、その代金を供託することができる。
Article 37-3Return, etc. of Retained Articles, etc.
第三十七条の三(領置物件等の還付等)
If there is no longer any need to hold retained articles, seized articles or articles seized with a recording order, the immigration control officer or immigration inspector must return them to the person who is to receive their return.
If the director of the regional immigration services bureau is unable to return the retained articles, seized articles or articles seized with a recording order set forth in the preceding paragraph because the domicile or residence of the person who is to receive their return is unknown, or for any other reason, the director must give public notice to that effect by the method specified by Cabinet Order.
地方出入国在留管理局長は、前項の領置物件、差押物件又は記録命令付差押物件について、その返還を受けるべき者の住所若しくは居所がわからないため、又はその他の事由によりこれを還付することができない場合においては、その旨を政令で定める方法によつて公告しなければならない。
If no request for the return of the retained articles, seized articles or articles seized with a recording order pertaining to the public notice set forth in the preceding paragraph is made even after 6 months have passed from the date of the public notice, these objects belong to the National Treasury.
前項の公告に係る領置物件、差押物件又は記録命令付差押物件について公告の日から六月を経過しても還付の請求がないときは、これらの物件は、国庫に帰属する。
Article 37-4Delivery of Recording Media Pertaining to Transferred Electronic or Magnetic Records
第三十七条の四(移転された電磁的記録に係る記録媒体の交付等)
If it has become unnecessary to retain a recording medium that an immigration control officer seized after transferring electronic or magnetic records or having them transferred pursuant to the provisions of Article 31-4, and the person from whom it was seized and the owner, holder or custodian of the recording medium are different persons, the immigration control officer must deliver the recording medium to the person from whom it was seized, or permit that person to make a copy of the electronic or magnetic records.
The provisions of paragraph (2) of the preceding Article apply mutatis mutandis to the delivery or copying pursuant to the provisions of the preceding paragraph.
If no request for the delivery or copying set forth in the preceding paragraph has been made even after 6 months have elapsed from the date of the public notice pursuant to the provisions of paragraph (2) of the preceding Article as applied mutatis mutandis pursuant to the preceding paragraph, it is not required to make the delivery or to permit the copying.
Article 37-5Commissioning of Expert Examinations
第三十七条の五(鑑定等の嘱託)
If it is necessary for conducting an investigation into violations, an immigration control officer may commission a person with relevant knowledge and experience to conduct an expert examination of retained articles, seized articles or articles seized with a recording order, or may commission interpretation or translation.
A person who has been commissioned to conduct an expert examination pursuant to the provisions of the preceding paragraph (referred to as an "expert" in paragraphs (4) and (5)) may destroy an object pertaining to the expert examination with permission from a judge of the district court or summary court with jurisdiction over the location of the office to which the immigration control officer set forth in the preceding paragraph belongs.
The request for the permission set forth in the preceding paragraph must be made by an immigration control officer.
If a request as set forth in the preceding paragraph is made and the judge finds the request to be reasonable, the judge must issue a permit stating the name of the suspect, the object to be destroyed, the name of the expert, the title and name of the person making the request, the validity period, a statement that the permit may not be executed after the expiration of the validity period and must be returned, the date of issuance and the name of the court, with the name and seal of the judge, and deliver it to the immigration control officer.
The expert must show the permit set forth in the preceding paragraph to the person subject to the disposition set forth in paragraph (2).
Article 38Preparation of Written Evidence
第三十八条(調書の作成)
In the event that the immigration control officer has conducted an official inspection, search, seizure or seizure with a recording order, the officer must prepare a written evidence thereof and have the observer inspect it, or read it aloud to the observer 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 observer is unable to sign or refuses to sign the written evidence, the immigration control officer must make an additional entry to that effect in the written evidence.
Section 2 Measures Concerning the Custody of Suspects
第二節 容疑者の身柄に関する措置
Article 39Examination by a Supervising Immigration Inspector
第三十九条(主任審査官の審査)
If, as a result of an investigation into violations pursuant to the provisions of Article 27, an immigration control officer finds that there are reasonable grounds to suspect that the suspect falls under any of the items of Article 24, the officer is to notify a supervising immigration inspector to that effect, except where the officer has detained the suspect pursuant to the provisions of Article 43, paragraph (1).
If the supervising immigration inspector who has received the notice pursuant to the provisions of the preceding paragraph finds that there are reasonable grounds to suspect that the suspect falls under any of the items of Article 24, the inspector must examine whether to place the suspect under supervision measures pursuant to the provisions of Article 44-2, paragraph (1) or to detain the suspect.
前項の規定による通知を受けた主任審査官は、容疑者が第二十四条各号のいずれかに該当すると疑うに足りる相当の理由があると認めるときは、第四十四条の二第一項の規定による監理措置に付すか収容するかを審査しなければならない。
第三十九条の二(収容)
If the supervising immigration inspector has decided to detain the suspect in the examination pursuant to the provisions of paragraph (2) of the preceding Article, the inspector is to issue a written detention order and deliver it to an immigration control officer.
If an immigration control officer has received a written detention order pursuant to the provisions of the preceding paragraph, the officer is to detain the suspect under the written detention order.
Article 40Format of a Written Detention Order
第四十条(収容令書の方式)
The name, place of residence, and nationality of the suspect, facts of the suspected offense, place of detention, validity period and date of issuance of the order, and other particulars provided for by Ministry of Justice Order are to be stated in the written detention order set forth in paragraph (1) of the preceding Article, and a supervising immigration inspector must sign their name and affix their seal thereto.
Article 41Period and Place of Detention and Commission of Custody
第四十一条(収容の期間及び場所並びに留置の嘱託)
The period of detention set pursuant to the written detention order is to be within 30 days; provided, however, that if a supervising immigration inspector finds that there are compelling reasons, they may extend that period once for an additional 30 days.
収容令書によつて収容することができる期間は、三十日以内とする。ただし、主任審査官は、やむを得ない事由があると認めるときは、三十日を限り延長することができる。
The place where the foreign national may be detained pursuant to the written detention order is to be an immigration detention center, etc., or any other appropriate place designated by the Commissioner of the Immigration Services Agency or by a supervising immigration inspector entrusted by the Commissioner.
A police officer may place a suspect in custody in a detention facility upon the request of a supervising immigration inspector who finds it necessary.
Article 42Procedures for Detention
第四十二条(収容の手続)
If an immigration control officer detains a suspect pursuant to a written detention order, they must show the detention order to the suspect.
In urgent cases, an immigration control officer may detain a suspect by giving the suspect the facts of the suspected offense and informing them that the order has been issued even if the officer is not in possession of a written detention order; provided, however, that the order must be shown to the suspect as soon as possible.
第四十三条(要急事件)
If an immigration control officer finds that there are reasonable grounds to believe that a person clearly falling under any of the items of Article 24 is likely to flee before the issuance of a written detention order, the officer may detain the person without a written detention order.
If detention has been carried out as set forth in the preceding paragraph, the immigration control officer must promptly notify a supervising immigration officer of the grounds for the detention and request the issuance of a written detention order.
In the case referred to in the preceding paragraph, if the supervising immigration inspector does not approve the detention set forth in paragraph (1) (limited to cases in which the inspector finds that the person does not fall under any of the items of Article 24), the immigration control officer must immediately release the person detained.
Article 44Handing Over the Suspect
第四十四条(容疑者の引渡し)
If an immigration control officer has detained a suspect pursuant to the provisions of Article 39-2, paragraph (2) or paragraph (1) of the preceding Article, the officer must, except where a decision to place the suspect under supervision measures has been made pursuant to the provisions of paragraph (6) of the following Article, hand over the suspect to an immigration inspector together with the written evidence and articles of evidence within 48 hours from the time they have taken the suspect into custody.