Act on the Punishment of Acts of Photographing Sexual Poses, etc. and the Erasure, etc. of Electronic or Magnetic Records of Images of Sexual Poses Recorded on Seized Articles

When a public prosecutor has made a retention under the first sentence of Article 12 or the first sentence of paragraph (3) or (7) of the preceding Article, the public prosecutor must prepare an inventory of the retained articles and deliverprovide it to the owner, possessor or custodian (excluding the court before which a criminal case prescribed in paragraph (1) or (4) of that Article is pending or the family court prescribed in paragraph (2) or (5) of that Article) or a person to act in their place; provided, however, that an inventory prepared as an electronic or magnetic record may not be provided if the person to receive it has an objection.

With regard to the application of Article 15, paragraph (4) and Article 22, paragraph (3) of the Administrative Procedure Act inIn the case of holding a hearing under the provisions of the preceding paragraph, the phrase "(referred to as 'matters of public notice' below) is to be kept in a state in which the notice may be inspected by an unspecified and large number of persons through the method specified by Order of the Ministry of Internal Affairs and Communications, and posting a document stating the matters of public notice at the posting area of the office of the administrative agency, or by taking the measures of making the object on which the matters of public notice are displayed on a screen of a computer installed in the office available for inspection"parties, etc. prescribed in Article 1518, paragraph (41) of that Act is deemed to be replaced with "posting at the posting areathe Administrative Procedure Act may not request copying of the officepart of the administrative agency", and the phrase "the measures were commenced"materials prescribed in that paragraph and Article 22, paragraph (3) of that Act is deemed to be replaced with "the posting was commenced"in which covered sexual poses, etc. are recorded.

In the case ofWhen, after holding a hearing under the provisions of paragraph (2), the partiesa public prosecutor finds it necessary to make a decision on erasure, etc. prescribed in Article 18, paragraph (1) of the Administrative Procedure Act may not request copying of, an erasure order or a decision not to permit copying, the public prosecutor is to make the part of the materials prescribed in that paragraph in which covered sexual poses, etc. are recordeddecision on erasure, etc., the erasure order or the decision not to permit copying without delay.

When, after holding a hearing under the provisions of paragraph (2), Where there are multiple persons specified in paragraph (1), item (i) or (ii), and a public prosecutor finds it necessaryis unable to make a decision on erasure, etc., an erasure order or a decision not to permit copyinglearn of some of those persons, the public prosecutor must give public notice, by the method specified by Cabinet Order, that a person who falls under those persons should come forward within two weeks. In this case, the public prosecutor is to makemay implement the decision onmeasure for erasure, etc., if the erasure order orpublic prosecutor holds the hearing under the provisions of paragraph (2) and makes the decision not on erasure, etc. with respect to permit copying without delaythe persons who have become known as those persons at the time that period has elapsed.

Where there are multiple persons specified in paragraph (1), item (i) or (ii), and a public prosecutor is unable to learn of some of those persons,In the public prosecutor must give public notice, bycase of holding a hearing under the method specified by Cabinet Order, that a person who fallsprovisions of paragraph (2), no request for examination under those persons should come forward within two weeks. In this case, the public prosecutor may implement the measure for erasure, etc. if the public prosecutor holds the hearingprovisions of Article 26 may be made with respect to a disposition under the provisions of paragraph (2) and makes the decision on erasure, etc. with respect toChapter III, Section 2 of the persons who have become known as those persons atAdministrative Procedure Act or the time that period has elapsedfailure to act on it.

In the case of holding a hearing under the provisions of paragraph (2), no request for examination under the provisions of Article 26 may be made with respect to a disposition under the provisions of Chapter III, Section 2 of the Administrative Procedure Act or the failure to act on it.

Notwithstanding the provisions of the preceding paragraph, if the whereabouts of the person to be served are unknown, or in any other case where a certified copy of the document referred to in paragraph (1) cannot be served, service under the provisions of the preceding paragraph may be replaced by posting, ontaking the bulletin boardmeasure of the public prosecutors office to which the public prosecutor belongs,placing a notice to the effect that the public prosecutor keeps the certified copy of the document and will deliver it to the person to be served at any time in a state in which it may be inspected by an unspecified and large number of persons by the method specified by Ministry of Justice Order, and also either posting a document stating that effect on the bulletin board of the public prosecutors office to which the public prosecutor belongs, or placing what is displayed to that effect on the screen of a computer (including input/output devices) installed at that public prosecutors office in a state in which it may be inspected. In this case, service under the provisions of that paragraph is deemed to have been made at the time two weeks have elapsed from the day on which the posting beganmeasure was commenced.

to order a person specified in the items of Article 17, paragraph (1) or any other related person to make a report, submit documents or electronic or magnetic records or other articles, or appear, or to inquire of a public office or a public or private organization and request a report of necessary matters;

If a public prosecutor finds it necessary in order to ascertain whether a covered electronic or magnetic record has been erased in accordance with an erasure order, the public prosecutor may order the person specified in Article 17, paragraph (1), item (iii) or other interested persons to make a report, to submit documents or electronic or magnetic records or other articles, or to appear, or may make inquiries of public offices or public or private organizations and request reports on necessary matters.

when the person fails to make a report, or makes a false report, under the provisions of Article 40, paragraph (1) (limited to the part relating to item (i)) or paragraph (2), or fails to submit documents or electronic or magnetic records or other articles, or submits documents or electronic or magnetic records or other articles containing false entries or records.