Juveniles Act

If, after the ruling prescribed by Article 21 is made, the victim, etc. of the protection case (meaning the victim, the victim's statutory agent or their spouse, lineal relative or sibling, if the victim has died or suffers serious mental or physical conditions; this also applies below) or the attorney appointed by the victim, etc. requests pursuant to the Rules of the Supreme Court to inspect or copy the records retained by the court on the relevant protection case as specified in Article 3, paragraph (1), item (i) or (ii) (except those collected by the family court exclusively for its determination on the need for protection of the juvenile, and those created or collected by a family court investigating officer that contribute to the family court's determination on the need for protection of the juvenile) , the court authorizes the applicant to inspect or copy the records, except when the court finds the request for inspection or copying has been filed on unjust grounds or the court finds it inappropriate to permit inspection or copying considering the impact it will have on the sound development of the juvenile, the nature of the case, the status of investigation or trial and decision, or other circumstances. In this case, if all or part of the records are electronic or magnetic records (meaning records made in an electronic form, a magnetic form, or any other form that cannot be perceived by human senses and that are used for information processing by computers; this also applies below), inspection of the electronic or magnetic records is to be by viewing a display of their contents or by watching or listening to a reproduction of their contents, and copying of the electronic or magnetic records is to be by duplicating or printing them, or by writing or recording a display or reproduction of their contents.

A public prosecutor and an attendant who is an attorney-at-law must, except where made orally, make a petition, request, or other statement made to the court (hereinafter in this Article and the following Article referred to as a "petition, etc.") in accordance with the Rules of the Supreme Court, by using an electronic data processing system prescribed by the Rules of the Supreme Court (meaning an electronic data processing system that connects, via telecommunications lines, a computer (including input/output devices; the same applies below in this paragraph and paragraph (3)) used by the court and a computer used by the person making the petition, etc.) to record the matters pertaining to the petition, etc. in a file kept on the computer used by the court (hereinafter simply referred to as the "file"), or by submitting to the court a recording medium on which those matters are recorded. In this case, with regard to the application of this Act and other laws and regulations concerning the petition, etc. where the petition, etc. is required by the provisions of this Act to be made in writing, the petition, etc. made by that method is deemed to have been made in writing, except where those laws and regulations provide otherwise.

A petition, etc. made by the method of recording in the file by using the electronic data processing system referred to in the preceding paragraph is deemed to have reached the court at the time when the matters pertaining to the petition, etc. are recorded in the file.

The provisions of paragraph (1) do not apply if a public prosecutor or an attendant who is an attorney-at-law is unable to make a petition, etc. by the method prescribed in that paragraph due to a malfunction of the computer pertaining to the electronic data processing system referred to in that paragraph or any other grounds not attributable to them.

If a petition, etc. is made in writing (excluding where made in violation of paragraph (1) of the preceding Article), or, in accordance with the Rules of the Supreme Court, by the method of submitting a recording medium on which the matters pertaining to the petition, etc. are recorded, the court clerk must record the matters stated in the writing or recorded on the recording medium in the file; provided, however, that this does not apply if there are difficult circumstances in recording those matters in the file.

A police officer must refer the case, together with the documents and electronic or magnetic records on the investigation, to the director of a child guidance center, if the case falls under any of the following items as a result of the investigation:

The police officer must send the family court any evidence (including that which is an electronic or magnetic record; the same applies in Article 22-2, paragraph (3) and Article 45-3, paragraph (2)) obtained in relation to a case referred to the director of a child guidance center pursuant to the provisions of the preceding paragraph if the measures prescribed in Article 27, paragraph (1), item (iv) of the Child Welfare Act have been implemented.

A summons and an escort warrant may, in addition to being in writing, be in the form of an electronic or magnetic record, in accordance with the Rules of the Supreme Court.

The provisions of paragraph (3) of the preceding Article apply mutatis mutandis to the escort warrant prescribed in paragraph (1).

The provisions of Article 11, paragraph (3) apply mutatis mutandis to the writ of summons prescribed in paragraph (2) and the escort warrant prescribed in the preceding two paragraphs, and the provisions of Article 13 apply mutatis mutandis to the escort warrant prescribed in the preceding two paragraphs, respectively.

The request pursuant to the provisions of the preceding paragraph (referred to as "request for acceptance of an appeal" below) must be filed by a written request to the court of prior instance. In this case, the court of prior instance must promptly transfer it to a high court.

The court of prior instance that has received a request for acceptance of an appeal must promptly transfer to the high court, according to the category of case set forth in each of the following items, what is specified in that item:

When a request for acceptance of an appeal is filed by the method prescribed in Article 5-4, paragraph (1): an electronic or magnetic record of the matters to be stated in the written request that are recorded in the file (in the case of the proviso to Article 5-5, a document or electronic or magnetic record in which the matters to be stated in the written request that are recorded on the recording medium referred to in that Article are stated or recorded);

When a request for acceptance of an appeal is filed by submission of a written request: an electronic or magnetic record of the matters stated in that written request (in the case of the proviso to Article 5-5, that written request).

The high court must give the ruling prescribed in paragraph (3)(4) within two weeks from the date on which the court received the written request prescribed in transfer pursuant to the provisions of paragraph (2)(3) from the court of prior instance.

When the ruling prescribed in paragraph (3)(4) is made, it is deemed that an appeal has been filed. In this case, to apply the provisions of Article 32-2, the reasons for the request for acceptance of an appeal, excluding those eliminated pursuant to the provisions of paragraph (4)(5), are deemed as the reasons for the appeal.

When the ruling prescribed in paragraph (3)(4) of the preceding Article is given, the court in charge of the appeal must appoint an attendant who is an attorney-at-law, if the juvenile does not have an attendant who is an attorney-at-law.