Act on General Rules for National Taxes

When it is necessary in order to investigate a criminal case concerning national taxes (hereinafter referred to as a "criminal tax case" in this Section, except in Article 135 (On-Site Inspection, Search, or Seizure in Flagrant Offense Cases) and Article 153, paragraph (2) (Jurisdiction over and Transfer of Investigations)), the relevant officials of the National Tax Agency, etc. (hereinafter referred to as the "relevant officials" up to Article 152 (Preparation of Written Records) and in Article 155 (Accusation of Criminal Tax Cases, etc. concerning National Taxes Other than Indirect National Taxes)) may request a suspect or witness (hereinafter referred to as a "suspect, etc." in this paragraph and paragraph (1) of the following Article) to appear, question a suspect, etc., inspect articles possessed or left behind by a suspect, etc., or retain articles voluntarily submitted or left behind by a suspect, etc.

The relevant officials may, with regard to the investigation of a criminal tax case, make inquiries to public agencies or public or private organizations and request reports on necessary matters.

When it is necessary in order to investigate a criminal tax case, the relevant officials may, by a warrant issued in advance by a judge of the district court or summary court having jurisdiction over the location of the government office to which they belong, carry out an on-site inspection, a search of the body, articles, dwelling, or other place of a suspect, etc., a seizure of anything considered to be articles of evidence or an article to be confiscated, or a seizure with a recording order (meaning having a person who keeps electronic or magnetic records or any other person who has the authority to use electronic or magnetic records record necessary electronic or magnetic records on a recording medium or print them out by ordering that person to do so, and then seizing that recording medium; the same applies hereinafter); provided, however, that a search of the body, articles, dwelling, or other place of a witness may be carried out only if there are circumstances sufficient to find that articles to be seized exist there.

If the article to be seized is a computer, that computer or another recording medium may be seized after electronic or magnetic records created or modified using that computer, or electronic or magnetic records that may be modified or erased using that computer, have been copied onto that computer or that other recording medium from a recording medium that is connected to that computer through a telecommunications line and that is found in circumstances sufficient to show that it is used to store those electronic or magnetic records.

In the cases referred to in the preceding two paragraphs, if the matter is urgent, the relevant officials may carry out the dispositions referred to in the preceding two paragraphs by a warrant issued in advance by a judge of the district court or summary court having jurisdiction over the location of the articles or place to be inspected, the body, articles, or place to be searched, the articles to be seized, or the person to be ordered to record or print electronic or magnetic records.

When requesting the warrant referred to in paragraph (1) or the preceding paragraph (hereinafter referred to as a "warrant", except in Article 147 (Commissioning of Expert Opinions, etc.)), the relevant officials must provide materials by which a criminal tax case is found to exist.

If a request has been made under the provisions of the preceding paragraph, the judge of the district court or summary court must issue to the relevant official a warrant stating the name of the suspect (for a corporation, its name), the name of the offense, the articles or place to be inspected, the body, articles, or place to be searched, the articles to be seized, or the electronic or magnetic records to be recorded or printed and the person to be ordered to record or print them, as well as the official title and name of the requesting person, the period of validity, a statement that execution may not be commenced after that period has expired and that the warrant must then be returned, the date of issuance, and the name of the court, and bearing the judge's name and seal.

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

The relevant officials may deliver a warrant to other relevant officials to have them carry out an on-site inspection, search, seizure, or seizure with a recording order.

When it is necessary in order to investigate a criminal tax case, the relevant officials may, upon being issued a warrant, seize postal items, items of correspondence delivery, or documents concerning telegrams that were sent by or addressed to a suspect and that are kept or possessed by a person handling communications affairs pursuant to the provisions of laws and regulations.

With regard to postal items, items of correspondence delivery, or documents concerning telegrams that do not fall under the preceding paragraph and that are kept or possessed by a person handling communications affairs pursuant to the provisions of laws and regulations, the relevant officials may seize them upon being issued a warrant, limited to those for which there are circumstances sufficient to find that they are related to the criminal tax case.

When the relevant officials have carried out a disposition under the provisions of the preceding two paragraphs, they must notify the sender or the recipient to that effect; provided, however, that this does not apply if the notification is likely to obstruct the investigation of the criminal tax case.

When it is necessary in order to carry out a seizure or a seizure with a recording order, the relevant officials may, specifying those that are necessary from among the electronic or magnetic records of the transmission source, destination, date and time of communication, and other communication history of telecommunications 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 telecommunications facilities for the communications of others, or a person who has installed telecommunications facilities capable of intermediating the communications of an unspecified or large number of persons for that person's own business, not to erase them. In this case, if the relevant officials come to find that there is no need to carry out a seizure or a seizure with a recording order with regard to those electronic or magnetic records, they must withdraw that request.

The period for which non-erasure is requested pursuant to the provisions of the preceding paragraph may, if particularly necessary, be extended within a period not exceeding 30 days; provided, however, that the period for which non-erasure is requested may not exceed 60 days in total.

In making a request under the provisions of paragraph (1), if it is necessary, the person may be requested not to divulge matters concerning that request without good reason.

In a criminal tax case concerning indirect national taxes (meaning consumption tax imposed on the taxable goods prescribed in Article 47, paragraph (2) (Declaration, etc. of the Amount of Tax Basis and Tax Amount for Taxable Goods Received) of the Consumption Tax Act and other national taxes specified by Cabinet Order; the same applies hereinafter), if there is a person who is committing or has just committed the criminal tax offense, and it is necessary in order to collect items found to be evidence of it, the matter is urgent, and a warrant cannot be obtained, the relevant officials may carry out the on-site inspection, search, or seizure referred to in Article 132, paragraph (1) (On-Site Inspection, Search, Seizure, etc.) at the scene of that offense.

The relevant official may, in the case where, with regard to a criminal tax case concerning indirect national tax, there is a person who possesses an article currently used for an offense or an article obtained through an offense, or who, there being conspicuous traces of an offense, is clearly found to have committed the offense only a short time before, if it is necessary in order to collect anything found to serve as evidence of the offense, the matter is urgent, and the official cannot have a warrant issued, carry out the inspection, search or seizure referred to in Article 132, paragraph (1) with respect to the articles in that person's possession.

When the article to be seized is a recording medium containing an electronic or magnetic record, the relevant official may carry out either of the following dispositions in lieu of the seizure:

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

When it is necessary in order to carry out an inspection, search, seizure or seizure with a recording order, the relevant official may remove locks, open seals or carry out any other necessary disposition.

The disposition referred to in the preceding paragraph may also be carried out with respect to retained articles, seized articles or articles seized with a recording order.