Changes on (Act No. 2 of 2026)
When necessary for investigating a criminal tax case, the competent tax collection official may commission a person with knowledge and experience to conduct an expert examination of retained articles, seized articles or articles seized with a recording order, or commission interpretation or translation.
Changes on (Act No. 2 of 2026)
A person commissioned to conduct an expert examination under the preceding paragraph (referred to as an "expert" in paragraphs (4) and (5)) may, with the permission of a judge of the district court or summary court having jurisdiction over the location of the office of the local government to which the competent tax collection official referred to in the preceding paragraph belongs, destroy the article relating to that examination.
The request for permission under the preceding paragraph must be made by the competent tax collection official.
Changes on (Act No. 2 of 2026)
When a request under the preceding paragraph has been made, if a judge of the district court or summary court finds the request appropriate, the judge must deliver to the competent tax collection official a warrant stating the name of the suspect (for a corporation, its name), the name of the offense, the article to be destroyed, the name of the expert, the official title and name of the requester, the validity period, a statement that execution may not be commenced after that period has elapsed and the warrant must be returned, the date of issuance and the name of the court, and bearing the judge's name and seal.
Changes and moves to paragraph (8) on (Act No. 2 of 2026)
The expert must show the warrant set forth in the preceding paragraph to the person subject to the disposition set forth in paragraph (2).
Read this with the articles around it
local governmentmachine translation
「地方団体」
A prefecture (道府県) or a municipality (市町村).
Defined inArticle 1, paragraph (1), item (i)· applies throughout the law
the competent tax collection officialmachine translation
「当該徴税吏員」
In Section 16 of Chapter 1, on investigating and dealing with tax offence cases (犯則事件), a tax collection official (徴税吏員) whom the head of the local government (地方団体の長) designates, setting the official's duties.
Defined inArticle 22-3, paragraph (1)· applies only in this section
criminal tax casemachine translation
「犯則事件」
In the provisions on investigating offences other than Article 22-7, a case of a suspected offence concerning local taxes (地方税), which a tax collection official (徴税吏員) whom the head of a local government designates for the work may investigate by summoning and questioning suspects and witnesses and by inspecting or retaining items they hold, hand over or leave behind.
Short name set inArticle 22-3, paragraph (1)· applies only in this subsection, except in Article 22-7
expertmachine translation
「鑑定人」
A person with relevant expertise whom a tax collection official (徴税吏員) investigating a tax offence case (犯則事件) has asked to give an expert opinion on retained articles, seized articles or articles seized under a records order (記録命令付差押物件), and who may destroy such an article for that purpose with the permission of a judge of the district or summary court with jurisdiction over the official's local government office.
Short name set inArticle 22-19, paragraph (2)· applies only in this provision and in Article 22-19, 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.