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

The purpose of this Act is to prevent the occurrence and spread of harm caused by acts of photographing sexual poses and similar acts, by punishing acts of photographing sexual poses, acts of providing records generated thereby, etc., while making it possible to confiscate copies, etc. of articles produced by acts of photographing sexual poses, and also by taking measures such as the erasure of electronic or magnetic records of images of sexual poses recorded on seized articles.

A person who commits any of the following acts is punished by imprisonment for three years or less or a fine of 3,000,000 yen or less.

the act of photographing, secretly and without justifiable grounds, any of the following poses, etc. (hereinafter referred to as "sexual poses, etc."), excluding those that a person, in a place where people ordinarily wear clothes, exposes or takes of his or her own accord while knowing that they will be seen by unspecified or many persons (the sexual poses, etc. other than those so excluded are hereinafter referred to as "covered sexual poses, etc.");

the sexual parts of a person (meaning the genitals, the anus or their surrounding areas, the buttocks, or the chest; the same applies hereinafter in this (a)), or the part of underwear worn by a person (limited to underwear that is ordinarily covered by clothes and used to cover sexual parts) that is actually directly or indirectly covering sexual parts;

in addition to what is listed in (a), the pose of a person while an indecent act or sexual intercourse, etc. (meaning sexual intercourse, etc. prescribed in Article 177, paragraph (1) of the Penal Code (Act No. 45 of 1907)) is being committed;

the act of, by reason of any of the acts or grounds listed in the items of Article 176, paragraph (1) of the Penal Code or any other act or ground similar thereto, causing a person to be in a state in which it is difficult to form, express or fulfill an intention not to consent, or taking advantage of the person being in such a state, and photographing the covered sexual poses, etc. of that person;

the act of photographing the covered sexual poses, etc. of a person by causing the person to have a mistaken belief that the nature of the act is not sexual, or a mistaken belief that persons other than a specific person will not view the photographs, or by taking advantage of the person being under either of those mistaken beliefs;

the act, without justifiable grounds, of photographing the sexual poses, etc. of a person under 13 years of age, targeting that person, or of photographing, by a person born five or more years before the day on which a person aged 13 or more and under 16 years was born, the sexual poses, etc. of that person, targeting that person.

Any attempt to commit the crimes prescribed under the preceding paragraph is punished.

The provisions of the preceding two paragraphs do not preclude the application of Article 176 and Article 179, paragraph (1) of the Penal Code.

A person who provides a sexual image record (meaning an electronic or magnetic record (meaning a record made by an electronic or magnetic method or any other method not perceivable by human senses, which is used for information processing by computers; the same applies hereinafter) or other record generated by an act listed in any item of paragraph (1) of the preceding Article or by the act referred to in Article 6, paragraph (1), or a copy of all or part of such a record (limited to the part in which images of covered sexual poses, etc. (in the case of an electronic or magnetic record or other record generated by an act listed in item (iv) of paragraph (1) of the preceding Article, or an electronic or magnetic record or other record generated by an act of recording images that were subject, by an act listed in item (iv) of Article 5, paragraph (1), to the image transmission prescribed in item (i) of that paragraph, sexual poses, etc.) are recorded); the same applies hereinafter) is punished by imprisonment for three years or less or a fine of 3,000,000 yen or less.

A person who provides a sexual image record to unspecified or many persons, or publicly displays it, is punished by imprisonment for five years or less or a fine of 5,000,000 yen or less, or both.

A person who stores a sexual image record for the purpose of committing the act referred to in the preceding Article is punished by imprisonment for two years or less or a fine of 2,000,000 yen or less.

A person who commits any of the following acts toward unspecified or many persons is punished by imprisonment for five years or less or a fine of 5,000,000 yen or less, or both.

the act of, without justifiable grounds, performing image transmission (meaning sending images through a telecommunications line; the same applies hereinafter) of images of the covered sexual poses, etc. (excluding images relating to a sexual image record; the same applies in the following item and item (iii)) of a person who does not know that the images will be transmitted;

the act of, by reason of any of the acts or grounds listed in the items of Article 176, paragraph (1) of the Penal Code or any other act or ground similar thereto, causing a person to be in a state in which it is difficult to form, express or fulfill an intention not to consent, or taking advantage of the person being in such a state, and performing image transmission of images of the covered sexual poses, etc. of that person;

the act of performing image transmission of images of the covered sexual poses, etc. of a person by causing the person to have a mistaken belief that the nature of the act is not sexual, or a mistaken belief that the images will not be transmitted to unspecified or many persons, or by taking advantage of the person being under either of those mistaken beliefs;

the act, without justifiable grounds, of performing image transmission of images of the sexual poses, etc. (excluding images relating to a sexual image record; the same applies hereinafter in this item) of a person under 13 years of age, or of performing image transmission, by a person born five or more years before the day on which a person aged 13 or more and under 16 years was born, of images of the sexual poses, etc. of that person aged 13 or more and under 16 years.

The same as in the preceding paragraph applies to a person who, knowing the circumstances, performs image transmission, to unspecified or many persons, of images that were subject to image transmission by an act listed in any item of that paragraph.

The provisions of the preceding two paragraphs do not preclude the application of Article 176 and Article 179, paragraph (1) of the Penal Code.

A person who, knowing the circumstances, records images that were subject to image transmission by an act listed in any item of paragraph (1) of the preceding Article is punished by imprisonment for three years or less or a fine of 3,000,000 yen or less.

Any attempt to commit the crimes prescribed under the preceding paragraph is punished.

The crimes under Article 2 through the preceding Article are dealt with in accordance with Article 3 of the Penal Code.

The following objects may be confiscated:

an object copied from an object produced by the criminal act of a crime under Article 2, paragraph (1) or Article 6, paragraph (1);

an object on which is recorded a private sexual image record (meaning a private sexual image record prescribed in Article 2, paragraph (1) of that Act; the same applies hereinafter) that constituted, or was used in, the criminal act of a crime under Article 3, paragraphs (1) to (3) of the Act on the Prevention of Damage Caused by the Provision, etc. of Private Sexual Image Records (Act No. 126 of 2014), or an object copied from such an object, or an object copied from a private sexual image record item (meaning a private sexual image record item prescribed in Article 2, paragraph (2) of that Act; the same applies in Article 10, paragraph (1), item (i), (b) and Article 11-2, item (i), (b)) that constituted, or was used in, that criminal act.

Confiscation under the preceding paragraph may be made only of an object that does not belong to a person other than the offender; provided, however, that even an object belonging to a person other than the offender may be confiscated if that person came to hold it, knowing the circumstances, after the crime.

In this Chapter, "covered electronic or magnetic record" means any of the following:

an electronic or magnetic record recording images of any of the following covered sexual poses, etc. or sexual poses, etc.;

the covered sexual poses, etc. relating to an electronic or magnetic record generated by an act listed in Article 2, paragraph (1), items (i) to (iii);

the covered sexual poses, etc. relating to an electronic or magnetic record generated by the act of recording images that were subject to image transmission by an act listed in Article 5, paragraph (1), items (i) to (iii);

the sexual poses, etc. relating to an electronic or magnetic record generated by the act listed in Article 2, paragraph (1), item (iv);

the sexual poses, etc. relating to an electronic or magnetic record generated by the act of recording images that were subject to image transmission by the act listed in Article 5, paragraph (1), item (iv);

an electronic or magnetic record relating to a private sexual image record;

an electronic or magnetic record prescribed in Article 3-2 of the Act on Regulation and Punishment of Acts Relating to Child Prostitution and Child Pornography, and the Protection of Children (Act No. 52 of 1999).

In this Chapter, "photographed person, etc." means, according to the categories of what is listed in the following items, the person specified in the relevant item or that person's legal representative.

an electronic or magnetic record listed in item (i) of the preceding paragraph or an object listed in item (i), (a) of paragraph (1) of the following Article: a person who was the target of an act listed in any item of Article 2, paragraph (1), or a person to whom the covered sexual poses, etc. that are the content of images that were subject to image transmission by an act listed in any item of Article 5, paragraph (1) relate (in the case of images that were subject to image transmission by the act listed in item (iv) of that paragraph, the sexual poses, etc.);

an electronic or magnetic record listed in item (ii) of the preceding paragraph or an object listed in item (i), (b) of paragraph (1) of the following Article: a photographed person prescribed in Article 2, paragraph (1) of the Act on the Prevention of Damage Caused by the Provision, etc. of Private Sexual Image Records;

an electronic or magnetic record listed in item (iii) of the preceding paragraph or an object listed in item (i), (c) of paragraph (1) of the following Article: the child whose pose is depicted in that electronic or magnetic record or that object.

In this Chapter, "covered pose, etc." means any of the following:

the covered sexual poses, etc. that were the target of an act listed in Article 2, paragraph (1), items (i) to (iii); the covered sexual poses, etc. that are the content of images that were subject to image transmission by an act listed in Article 5, paragraph (1), items (i) to (iii); the sexual poses, etc. that were the target of the act listed in Article 2, paragraph (1), item (iv); or the sexual poses, etc. that are the content of images that were subject to image transmission by the act listed in Article 5, paragraph (1), item (iv);

the poses of persons listed in the items of Article 2, paragraph (1) of the Act on the Prevention of Damage Caused by the Provision, etc. of Private Sexual Image Records that were photographed in the images prescribed in that paragraph;

the poses of children listed in the items of Article 2, paragraph (3) of the Act on Regulation and Punishment of Acts Relating to Child Prostitution and Child Pornography, and the Protection of Children.

A public prosecutor may, in the case where a seized article stored by the public prosecutor is an object listed in item (i), and that seized article records a covered electronic or magnetic record, take the measures listed in item (ii) in accordance with the procedures provided for in the following Section.

the following objects:

an object produced by an act listed in any item of Article 2, paragraph (1), or an object produced by the act of recording images that were subject to image transmission by an act listed in any item of Article 5, paragraph (1), or a copy of any of these;

an object on which is recorded a private sexual image record that constituted, or was used in, an act prescribed in Article 3, paragraphs (1) to (3) of the Act on the Prevention of Damage Caused by the Provision, etc. of Private Sexual Image Records, or a private sexual image record item that constituted, or was used in, that act, or a copy of any of these;

an object prescribed in Article 2, paragraph (3) of the Act on Regulation and Punishment of Acts Relating to Child Prostitution and Child Pornography, and the Protection of Children.

the following measures:

to erase all covered electronic or magnetic records recorded on that seized article;

if it is found difficult to take the measure listed in (a) because the electronic or magnetic records recorded on that seized article are voluminous or for other reasons, so that the content of all of the electronic or magnetic records recorded on that seized article cannot be confirmed, to erase all of the electronic or magnetic records recorded on that seized article;

if it is found difficult to take the measures listed in (a) and (b) for technical or other reasons, to dispose of that seized article.

A public prosecutor may, in the case where a seized article stored by the public prosecutor that is listed in item (i) of the preceding paragraph does not record a covered electronic or magnetic record, dispose of that seized article in accordance with the procedures provided for in the following Section.

In the case prescribed in paragraph (1) of the preceding Article, if the covered electronic or magnetic record referred to in that paragraph has been copied pursuant to Article 218, paragraph (2) or Article 509, paragraph (2) of the Code of Criminal Procedure (Act No. 131 of 1948), and the covered electronic or magnetic record that was the subject of that copying is recorded in a recording medium connected by the telecommunications line prescribed in those paragraphs, a public prosecutor may, in accordance with the procedures provided for in the following Section, order the person who has the authority to erase that covered electronic or magnetic record on the computer referred to in those paragraphs to erase the following covered electronic or magnetic records, as provided by Ministry of Justice Order:

the covered electronic or magnetic record that was the subject of that copying;

a covered electronic or magnetic record copied from the covered electronic or magnetic record listed in the preceding item, which was copied by that person and is recorded in that recording medium.

A public prosecutor may, if an electronic or magnetic record in custody (meaning an electronic or magnetic record that has been transferred, by an order to provide electronic or magnetic records under Article 218, paragraph (1) or Article 509, paragraph (1) of the Code of Criminal Procedure (limited to an order for provision by the method listed in Article 102-2, paragraph (1), item (i), (b) of that Code (limited to a method that causes electronic or magnetic records to be transferred to a recording medium); hereinafter in this Article and Article 17, paragraph (1), item (iv) simply referred to as an "order to provide electronic or magnetic records"), to a recording medium under the control of a public prosecutor, a public prosecutor's assistant officer or a judicial police official, and that is stored by a public prosecutor; the same applies hereinafter in this Article and Article 12-2) falls under an electronic or magnetic record listed in item (i), take the measure listed in item (ii) in accordance with the procedures provided for in the following Section.

the following electronic or magnetic records:

an electronic or magnetic record listed in Article 9, paragraph (1), item (i);

a private sexual image record that constituted, or was used in, an act prescribed in Article 3, paragraphs (1) to (3) of the Act on the Prevention of Damage Caused by the Provision, etc. of Private Sexual Image Records, or a private sexual image record recorded on a private sexual image record item that constituted, or was used in, that act, or an electronic or magnetic record copied from any of these;

an electronic or magnetic record listed in Article 9, paragraph (1), item (iii).

to make a decision, with respect to the following electronic or magnetic records, not to permit copying under Article 123-2, paragraph (1) of the Code of Criminal Procedure as applied mutatis mutandis in Article 222, paragraph (1) or Article 513, paragraph (6) of that Code, notwithstanding that paragraph:

that electronic or magnetic record in custody;

in the case where another electronic or magnetic record provided pursuant to the order to provide electronic or magnetic records relating to that electronic or magnetic record in custody (referred to as the "other electronic or magnetic record" in (c)) is a covered electronic or magnetic record, that covered electronic or magnetic record;

in the case where it is found difficult to make the decision prescribed in this item (limited to the part relating to (b)) because the other electronic or magnetic records are voluminous or for other reasons, so that the content of all of the other electronic or magnetic records cannot be confirmed, those other electronic or magnetic records.

If a public prosecutor considers that a seized article stored by the public prosecutor falls under an object listed in Article 10, paragraph (1), item (i), and takes a measure under that Article with respect to that seized article (hereinafter referred to as a "measure for erasure, etc."), the public prosecutor is to release the seizure under the provisions of the Code of Criminal Procedure and retain it. In this case, that seized article need not be returned under the provisions of that Code (including delivering a recording medium or having an electronic or magnetic record copied pursuant to Article 123, paragraph (3) of that Code as applied mutatis mutandis in Article 222, paragraph (1) of that Code, or Article 123, paragraph (3) of that Code as applied mutatis mutandis with the changes in the terms read in Article 513, paragraph (1) of that Code).

If a public prosecutor considers that an electronic or magnetic record in custody falls under an electronic or magnetic record listed in Article 11-2, item (i), and makes the decision prescribed in item (ii) of that Article (hereinafter referred to as a "decision not to permit copying"), the public prosecutor is to provisionally make a decision not to permit copying of that electronic or magnetic record in custody and the other electronic or magnetic record prescribed in item (ii), (b) of that Article (hereinafter referred to as "electronic or magnetic record in custody, etc."). In this case, the electronic or magnetic record in custody, etc. need not be copied pursuant to Article 123-2, paragraph (1) of the Code of Criminal Procedure as applied mutatis mutandis in Article 222, paragraph (1) or Article 513, paragraph (6) of that Code.

If a court before which a criminal case is pending finds no need to hold any of the following seized articles, and considers that the seized article falls under an object listed in Article 10, paragraph (1), item (i), the court must so notify a public prosecutor. In this case, that seized article need not be returned under the provisions of the Code of Criminal Procedure (including delivering a recording medium or having an electronic or magnetic record copied pursuant to Article 123, paragraph (3) of that Code).

an object seized under Article 99, paragraph (1) of the Code of Criminal Procedure that had been stored by a public prosecutor until the time of the seizure;

an object submitted under Article 99, paragraph (3) of the Code of Criminal Procedure that had been stored by a public prosecutor until the time of its submission;

an object retained under Article 101 of the Code of Criminal Procedure that a public prosecutor has submitted to the court under Article 310 of that Code.

If a family court finds no need to hold any of the following seized articles, and considers that the seized article falls under an object listed in Article 10, paragraph (1), item (i), the family court must so notify a public prosecutor. In this case, that seized article need not be returned under the provisions of the Code of Criminal Procedure as applied mutatis mutandis in Article 15, paragraph (2) of the Juveniles Act (Act No. 168 of 1948) (including delivering a recording medium or having an electronic or magnetic record copied pursuant to Article 123, paragraph (3) of that Code as applied mutatis mutandis in that paragraph).

an object seized under Article 99, paragraph (1) of the Code of Criminal Procedure as applied mutatis mutandis in Article 15, paragraph (2) of the Juveniles Act that had been stored by a public prosecutor until the time of the seizure;

an article submitted pursuant to the provisions of Article 99, paragraph (3) of the Code of Criminal Procedure as applied mutatis mutandis pursuant to Article 15, paragraph (2) of the Juveniles Act, which had been stored by a public prosecutor until the time it was submitted;

an article retained pursuant to the provisions of Article 101 of the Code of Criminal Procedure as applied mutatis mutandis pursuant to Article 15, paragraph (2) of the Juveniles Act, which a public prosecutor has sent to the family court pursuant to the provisions of laws and regulations concerning the handling of juvenile protection cases.

When a public prosecutor considers that a seized article for which notice has been given under the preceding two paragraphs falls under the articles set out in Article 10, paragraph (1), item (i), the public prosecutor may retain it. In this case, the court is to release the seizure when the public prosecutor retains the seized article, and is to make the return prescribed in the preceding two paragraphs with respect to the seized article when the public prosecutor does not retain it.

When a court before which a criminal case is pending renders a final judgment or issues a summary order with respect to a seized article set out in the items of paragraph (1), and in the case where it does not pronounce confiscation (in the case of a summary order, where it does not impose confiscation), it considers that the seized article falls under the articles set out in Article 10, paragraph (1), item (i), it must make a pronouncement to the effect that the article is to be delivered to a public prosecutor (in the case of a summary order, a ruling to the effect that the article is to be delivered to a public prosecutor).

When the family court makes a decision under Article 18, Article 19, paragraph (1), Article 23, paragraph (2) or Article 24, paragraph (1) of the Juveniles Act with respect to a seized article set out in the items of paragraph (2), and in the case where it does not make a decision under Article 24-2, paragraph (1) or (2) of that Act, it considers that the seized article falls under the articles set out in Article 10, paragraph (1), item (i), it must make a decision to the effect that the article is to be delivered to a public prosecutor.

The provisions of laws and regulations concerning administrative case litigation do not apply to the pronouncement under paragraph (4) or the decision under the preceding paragraph.

When a public prosecutor considers that a seized article relating to the pronouncement under paragraph (4) or the decision under paragraph (5) falls under the articles set out in Article 10, paragraph (1), item (i), the public prosecutor may retain it. In this case, when the public prosecutor does not retain the seized article, the public prosecutor is to make the return of it under the provisions of the Code of Criminal Procedure (including delivering a recording medium or having an electronic or magnetic record copied pursuant to the provisions of Article 123, paragraph (3) of that Code as applied mutatis mutandis pursuant to Article 222, paragraph (1) of that Code).

With respect to a seized article set out in the items of paragraph (2), a public prosecutor may, to the extent necessary to take a disposition, etc. set out in the items of Article 26, paragraph (1) or to make a determination provided for in the items of Article 29, paragraph (1) relating to that disposition, etc., inspect and copy, as provided by Rules of the Supreme Court, the records of the juvenile protection case and the evidence relating to the seized article.

Of the articles retained under the first sentence of Article 12 or the first sentence of Article 13, paragraph (3) or (7) (hereinafter referred to as "covered retained articles"), a public prosecutor may, for a covered retained article that is inconvenient to transport or store, place a guard over it or have the owner or another person store it with that person's consent.

A covered retained article that is likely to give rise to danger in storage may be disposed of.

When taking a measure for erasure, etc., a public prosecutor must, except in the case set out in Article 23, item (v), make in advance a decision to that effect (hereinafter referred to as a "decision on erasure, etc."), specifying the content of the measure to be taken.

A decision on erasure, etc., an order under the provisions of Article 11 (hereinafter referred to as an "erasure order"), a decision not to permit copying, or a decision under the provisions of Article 12-2 is to be directed, according to the categories of cases set out in the following items, to the person specified in the respective items.

in the case of making a decision on erasure, etc. to the effect of taking a measure to erase an electronic or magnetic record: the person to whom the electronic or magnetic record belongs;

in the case of making a decision on erasure, etc. to the effect of taking a measure to dispose of a covered retained article: the owner or other right holder of the covered retained article;

in the case of making an erasure order: the person prescribed in Article 11;

in the case of making a decision not to permit copying or a decision under the provisions of Article 12-2: the person who has received an order to provide electronic or magnetic records.

When making a decision on erasure, etc., an erasure order or a decision not to permit copying, a public prosecutor must hold a hearing, notwithstanding the provisions of Article 13, paragraph (1) of the Administrative Procedure Act (Act No. 88 of 1993).

When a public prosecutor makes a decision on erasure, etc. relating to a measure set out in Article 10, paragraph (1), item (ii), (b) or (c), and a person specified in paragraph (1), item (i) or (ii) of the preceding Article has applied, as provided by Ministry of Justice Order, to receive delivery of another recording medium onto which an electronic or magnetic record recorded on the covered retained article has been copied, specifying that electronic or magnetic record, and the public prosecutor finds that the electronic or magnetic record is not a covered electronic or magnetic record, the public prosecutor is to copy the electronic or magnetic record onto another recording medium and deliver it before implementing the measure.

Notwithstanding the provisions of the preceding paragraph, a public prosecutor may refrain from making the delivery under the provisions of that paragraph if any of the following items applies.

when the person who made the application referred to in the preceding paragraph does not provide another recording medium onto which an electronic or magnetic record that is not a covered electronic or magnetic record is to be copied, or otherwise does not follow the public prosecutor's instructions concerning the delivery under the provisions of that paragraph.

when copying is found to be difficult for technical reasons or other grounds.

when, in addition to what is provided for in the preceding two items, the application referred to in the preceding paragraph is found to be an abuse of rights.

When a public prosecutor finds it necessary upon the person prescribed in paragraph (1) making the application under that paragraph, the public prosecutor is to give that person an opportunity to confirm the electronic or magnetic record recorded on the covered retained article.

The scope of the electronic or magnetic records to be copied under the provisions of paragraph (1) is to be determined in the decision on erasure, etc.

When making a decision not to permit copying (limited to one relating to Article 11-2, item (ii), (c)), and a person specified in Article 17, paragraph (1), item (iv) has applied, as provided by Ministry of Justice Order, to copy the other electronic or magnetic record prescribed in Article 11-2, item (ii), (b), specifying that record, and the public prosecutor finds that the other electronic or magnetic record is not a covered electronic or magnetic record, the public prosecutor is to permit the copying of the other electronic or magnetic record.

Notwithstanding the provisions of the preceding paragraph, a public prosecutor may refrain from permitting the copying under the provisions of that paragraph if any of the following items applies.

when the person who made the application referred to in the preceding paragraph does not follow the public prosecutor's instructions concerning the copying under the provisions of that paragraph.

when copying is found to be difficult for technical reasons or other grounds.

when, in addition to what is provided for in the preceding two items, the application referred to in the preceding paragraph is found to be an abuse of rights.

When a public prosecutor finds it necessary upon the person prescribed in paragraph (1) making the application under that paragraph, the public prosecutor is to give that person an opportunity to confirm the other electronic or magnetic record prescribed in Article 11-2, item (ii), (b).

The scope of the electronic or magnetic records to be copied under the provisions of paragraph (1) is to be determined in the decision not to permit copying.

When a public prosecutor finds it necessary in order to determine whether an electronic or magnetic record relating to the application under Article 18, paragraph (1) and paragraph (1) of the preceding Article is a covered electronic or magnetic record, the public prosecutor may request the person who made the application to submit, within a time limit that the public prosecutor sets, materials showing reasonable grounds supporting that the electronic or magnetic record relating to the application is not a covered electronic or magnetic record. In this case, if the person who made the application does not submit the materials, the electronic or magnetic record relating to the application is deemed to be a covered electronic or magnetic record for the purpose of the application of Article 18, paragraph (1) and paragraph (1) of the preceding Article.

A decision on erasure, etc., an erasure order, a decision not to permit copying and a decision under the provisions of Article 12-2 must be made in writing.

A public prosecutor must serve a certified copy of the document referred to in the preceding paragraph on the person specified in each of the following items, according to the categories of cases set out in those items.

in the case of having made a decision on erasure, etc. to the effect of taking a measure to erase an electronic or magnetic record: the person specified in Article 17, paragraph (1), item (i);

in the case of having made a decision on erasure, etc. to the effect of taking a measure to dispose of a covered retained article: the person specified in Article 17, paragraph (1), item (ii);

in the case of having made an erasure order: the person specified in Article 17, paragraph (1), item (iii);

in the case of having made a decision not to permit copying or a decision under the provisions of Article 12-2: the person specified in Article 17, paragraph (1), item (iv).

When a public prosecutor cannot make a decision on erasure, etc. because the public prosecutor is unable to know the person specified in Article 17, paragraph (1), item (i) or (ii), the public prosecutor must give public notice, by the method specified by Cabinet Order, of that fact and that the measure for erasure, etc. will be implemented if those persons do not become known even after six months have elapsed.

A measure for erasure, etc. must be implemented by a public prosecutor.

A measure for erasure, etc. may not be implemented unless it is in any of the cases set out in the following items.

when no request for examination under the provisions of Article 26 has been made with respect to the decision on erasure, etc. relating to the measure for erasure, etc., and the period during which a request for examination prescribed in paragraph (1) of that Article (limited to the part relating to item (i)) may be made has elapsed;

when neither an action for revocation of the decision on erasure, etc. relating to the measure for erasure, etc. nor an action for revocation of a determination specified in Article 29, paragraph (1), items (i) to (iii) relating to that decision on erasure, etc. has been filed, and the period during which those actions for revocation may be filed has elapsed;

when a judgment rejecting the claim relating to the action for revocation prescribed in the preceding item has become final and binding;

when, in addition to the cases listed in the preceding three items, after the decision on erasure, etc. relating to the measure for erasure, etc. has been made, the person to whom the covered electronic or magnetic record to be subject to the measure for erasure, etc. belongs, or the owner or other right holder of the covered retained article, has consented to the implementation of the measure for erasure, etc.;

when six months have elapsed from the day on which public notice under the provisions of Article 21 was given without the person specified in Article 17, paragraph (1), item (i) or (ii) having become known.

A public prosecutor must return the covered retained article if any of the following items applies.

when, after holding a hearing under the provisions of Article 17, paragraph (2), the public prosecutor finds that there is no need to make a decision on erasure, etc.;

when the implementation of the measure for erasure, etc. (limited to the measures listed in Article 10, paragraph (1), item (ii), (a) and (b)) has been completed;

when a determination to the effect of revoking the whole of the decision on erasure, etc. has been made pursuant to the provisions of Article 29, paragraph (1) (limited to the part relating to item (iii)), and no action for revocation of that determination has been filed and the period during which an action for revocation may be filed has elapsed;

when a judgment granting the claim relating to an action for revocation of the decision on erasure, etc. or an action for revocation of the determination specified in Article 29, paragraph (1), item (ii) relating to the decision on erasure, etc. has become final and binding;

when, in addition to the cases listed in the preceding items, the public prosecutor finds that there is no need to hold the covered retained article.

If a public prosecutor cannot return a covered retained article because the domicile or residence of the person who is to receive its return is unknown, or for any other reason, the public prosecutor must give public notice to that effect by the method specified by Cabinet Order.

With respect to a covered retained article subject to public notice under the provisions of the preceding paragraph, if no request for its return is made even after six months have elapsed from the date of the public notice, the public prosecutor may dispose of it.

If it is clear that a covered retained article is to be returned to a person other than the person who held the hearing under the provisions of Article 17, paragraph (2), the public prosecutor must return it to that person.

The provisions of the preceding paragraph do not preclude an interested party from asserting their right in accordance with the procedures for civil actions.

With respect to a covered retained article or another recording medium onto which copying was made pursuant to the provisions of Article 18, paragraph (1), if the person who is to receive its return or delivery does not collect it by the day on which six months elapse counting from the day on which the public prosecutor requested its collection, the public prosecutor may dispose of it.

In the cases set out in the following items, a public prosecutor must permit the copying of the electronic or magnetic record specified in the relevant item.

in any of the following cases: electronic or magnetic records in custody, etc.;

when, after holding a hearing under the provisions of Article 17, paragraph (2), the public prosecutor finds that there is no need to make a decision not to permit copying;

when a determination to the effect of revoking the whole of the decision not to permit copying has been made pursuant to the provisions of Article 29, paragraph (1) (limited to the part relating to item (iii)), and no action for revocation of that determination has been filed and the period during which an action for revocation may be filed has elapsed;

when a judgment granting the claim relating to an action for revocation of the decision not to permit copying or an action for revocation of the determination specified in Article 29, paragraph (1), item (ii) relating to the decision not to permit copying has become final and binding;

when, in addition to the cases listed in (a) through (c), the public prosecutor finds that there is no need to store the electronic or magnetic records in custody, etc.

in the case where a decision not to permit copying (limited to one relating to Article 11-2, item (ii), (a) or (b)) has been made: of the electronic or magnetic records in custody, etc., those other than the electronic or magnetic record relating to that decision not to permit copying;

in the case where a determination to the effect of partially revoking or modifying the decision not to permit copying has been made pursuant to the provisions of Article 29, paragraph (1) (limited to the part relating to item (iii)), and no action for revocation of that determination has been filed and the period during which an action for revocation may be filed has elapsed: of the electronic or magnetic records in custody, etc., those other than the electronic or magnetic record relating to the decision not to permit copying after it was partially revoked or modified.

If a public prosecutor cannot have the copying under the provisions of that paragraph made because the domicile or residence of the person permitted to copy under the provisions of the preceding paragraph is unknown, or for any other reason, the public prosecutor must give public notice to that effect by the method specified by Cabinet Order.

With respect to an electronic or magnetic record subject to public notice under the provisions of the preceding paragraph, if no request for copying is made even after six months have elapsed from the date of the public notice, the public prosecutor is not required to have it copied.

If it is clear that, among the electronic or magnetic records in custody, etc., there is an electronic or magnetic record that is to be copied by a person other than the person who held the hearing under the provisions of Article 17, paragraph (2), the public prosecutor must have that person copy it.

The provisions of the preceding paragraph do not preclude an interested party from asserting their right in accordance with the procedures for civil actions.

With respect to an electronic or magnetic record the copying of which has been permitted pursuant to Article 18-2, paragraph (1) or paragraph (1) of the preceding Article, if the person permitted to copy it does not copy it by the date on which six months have elapsed counting from the date on which copying was permitted, the public prosecutor is not required to have it copied.

A person who is dissatisfied with a disposition or other act listed in the following items (hereinafter referred to as a "disposition, etc.") may file a request for examination, within 30 days counting from the day specified in the relevant item, with the head of the public prosecutors office to which the public prosecutor who made the disposition, etc. belongs (in the case where that public prosecutor is a public prosecutor of a local public prosecutors office, the chief prosecutor of the district public prosecutors office corresponding to the district court having jurisdiction over the location of the court corresponding to that office; the same applies hereinafter).

a decision on erasure, etc., an erasure order, a decision not to permit copying, or a decision under Article 12-2: the day following the day on which the certified copy of the document referred to in Article 20, paragraph (1) was served;

retention under the first sentence of Article 12, or the first sentence of Article 13, paragraph (3) or paragraph (7): the day specified by Ministry of Justice Order;

an act of a public prosecutor relating to procedures under the provisions of this Chapter, other than those listed in the preceding two items, that is specified by Ministry of Justice Order: the day specified by Ministry of Justice Order.

If there are unavoidable grounds, such as a natural disaster, for not having filed a request for examination within the period under the preceding paragraph, a request for examination may, notwithstanding that paragraph, be filed only within one week counting from the day following the day on which those grounds ceased to exist.

In the case where a public prosecutor has mistakenly advised, as the period within which a request for examination may be filed, a period longer than the statutory period, if a request for examination is filed within the period so advised, that request for examination is deemed to have been filed within the statutory period.

A request for examination under the preceding Article must be filed by submitting a written request for examination, as provided by Ministry of Justice Order.

The following matters must be stated in the written request for examination referred to in the preceding paragraph:

the content of the disposition, etc. to which the request for examination relates;

the purport of and reasons for the request for examination; and

other particulars provided for by Ministry of Justice Order.

Proceedings on a request for examination are to be conducted in writing.

With respect to a request for examination under Article 26, the head of the public prosecutors office must make the determination specified in the relevant item, according to the category of cases listed in the following items:

in the case where the request for examination was filed after the period within which a request for examination may be filed, as prescribed in Article 26, paragraph (1), has elapsed, or is otherwise unlawful: a determination dismissing the request for examination;

in the case where the request for examination is groundless: a determination rejecting the request for examination;

in the case where the disposition, etc. to which the request for examination relates is other than a de facto act, and the request for examination is well-founded: a determination revoking or modifying all or part of the disposition, etc. to which the request for examination relates; and

in the case where the disposition, etc. to which the request for examination relates is a de facto act made by a public prosecutor, and the request for examination is well-founded: a determination declaring that all or part of the de facto act is unlawful and, at the same time, ordering the public prosecutor who performed the de facto act to abolish or modify all or part of the de facto act (in the case where the de facto act was performed by the head of the public prosecutors office, a determination declaring that all or part of the de facto act is unlawful and, at the same time, abolishing or modifying all or part of the de facto act).

In a determination provided for in item (iii) or (iv) of the preceding paragraph, the head of the public prosecutors office may not modify the disposition, etc. to the detriment of the requestor for examination, nor order or effect a modification of the de facto act to the detriment of the requestor for examination.

A determination provided for in the items of paragraph (1) of the preceding Article must be made in writing.

The head of the public prosecutors office must serve a certified copy of the written determination on the requestor for examination.

The provisions of Article 20, paragraph (3) apply mutatis mutandis to service under the preceding paragraph. In this case, the phrase "Notwithstanding the provisions of the preceding paragraph" in paragraph (3) of that Article is deemed to be replaced with "Notwithstanding the provisions of Article 30, paragraph (2)", the phrases "the document referred to in paragraph (1)" and "the document" with "the written determination", "public prosecutor" with "head of the public prosecutors office", and "under the provisions of the preceding paragraph" with "under the provisions of that paragraph".

Notwithstanding Article 38, paragraph (1) of the Administrative Complaint Review Act as applied mutatis mutandis with replacement of terms in the preceding paragraph (hereinafter in this paragraph referred to as the "Administrative Complaint Review Act applied mutatis mutandis"), the persons listed in the following items may not request the delivery of what is specified in those items.

a requestor for examination or an intervenor (excluding the persons listed in the following item): the part of a copy of the documents prescribed in Article 38, paragraph (1) of the Administrative Complaint Review Act applied mutatis mutandis in which covered poses, etc. are stated, or the part of the written documents prescribed in that paragraph in which covered poses, etc. are stated;

an intervenor who is a photographed person, etc.: the part of a copy of the documents prescribed in Article 38, paragraph (1) of the Administrative Complaint Review Act applied mutatis mutandis in which covered poses, etc. (excluding those belonging to that intervenor (or, where that intervenor is the legal representative of a person specified in the items of Article 9, paragraph (2), the person specified in the relevant items of that paragraph); the same applies hereinafter in this item) are stated, or the part of the written documents prescribed in Article 38, paragraph (1) of the Administrative Complaint Review Act applied mutatis mutandis in which covered poses, etc. are stated.

No request for review may be filed against a disposition, etc. listed in the items of Article 26, paragraph (1).

An action for revocation of a disposition, etc. listed in the items of Article 26, paragraph (1) may not be filed until after the determination on the request for examination regarding that disposition, etc. has been made.

An action for revocation of a disposition, etc. listed in the items of Article 26, paragraph (1) and an action for revocation of a determination specified in the items of Article 29, paragraph (1) relating to that disposition, etc. are under the exclusive jurisdiction of the district court having jurisdiction over the location of the public prosecutors office to which the public prosecutor who made that disposition, etc. belongs.

An action for revocation prescribed in the preceding paragraph may not be filed after 30 days have elapsed from the day on which the person received service of the certified copy of the written determination under the provisions of Article 30, paragraph (2).

The period set forth in the preceding paragraph is an unextendable period.

In the case where an action for revocation of a disposition, etc. listed in the items of Article 26, paragraph (1) or an action for revocation of a determination specified in the items of Article 29, paragraph (1) relating to that disposition, etc. has been filed, if a prima facie showing has been made that disclosure of all or part of the domicile, residence or other place where the photographed person, etc. relating to the covered retained article or covered electronic or magnetic record that is the subject of that disposition, etc. is ordinarily present (hereinafter in this paragraph referred to as the "address, etc.") is likely to cause a significant impediment to that photographed person, etc. in leading a social life, the court may, upon the defendant's petition, reach a judicial decision by ruling to conceal all or part of the address, etc. The same applies to the name of the photographed person, etc. and other information sufficient to identify that photographed person, etc.

In the case where an action for revocation of a disposition, etc. listed in the items of Article 26, paragraph (1) or an action for revocation of a determination specified in the items of Article 29, paragraph (1) relating to that disposition, etc. has been filed, if an offer of evidence is made with respect to a covered retained article or a recording medium onto which a covered retained article has been copied, or a covered electronic or magnetic record or a recording medium onto which a covered electronic or magnetic record has been copied or printed, the court may, upon the defendant's petition, by ruling, with respect to the part of the case record, etc. (meaning the case record, etc. prescribed in Article 133, paragraph (3) of the Code of Civil Procedure; the same applies hereinafter in this paragraph and paragraph (3)) that relates to that covered retained article or the recording medium onto which that covered retained article has been copied, or to that covered electronic or magnetic record or the recording medium onto which that covered electronic or magnetic record has been copied or printed, and in which covered poses, etc. are recorded (referred to as the "part recording a covered pose, etc." in paragraph (3)), limit the persons who may request inspection of the case record, etc. to the plaintiff, the defendant and the photographed person, etc. relating to that covered retained article or covered electronic or magnetic record, and at the same time limit the persons who may make a request other than a request for inspection, among requests for inspection, etc. of the case record, etc. (meaning the inspection, etc. of the case record, etc. prescribed in Article 133, paragraph (3) of that Code; the same applies in paragraph (3)), to the defendant and the photographed person, etc. relating to that covered retained article or covered electronic or magnetic record.

The ruling under the preceding paragraph is made on the basis of a prima facie showing.

When the petition under paragraph (1) has been made, until the judicial decision on the petition becomes final and binding, no person other than the plaintiff, the defendant and the photographed person, etc. relating to that covered retained article or covered electronic or magnetic record may request inspection of the case record, etc. relating to the part recording a covered pose, etc. The same applies to a request for inspection, etc. of the case record, etc. relating to the part recording a covered pose, etc. (excluding a request for inspection) made by a person other than the defendant and the photographed person, etc. relating to that covered retained article or covered electronic or magnetic record.

An immediate appeal may be filed against a judicial decision dismissing the petition under paragraph (1).

The provisions of the preceding two Articles apply mutatis mutandis to litigation in which the State is the defendant concerning a disposition, etc. listed in the items of Article 26, paragraph (1) or a determination specified in the items of Article 29, paragraph (1) relating to that disposition, etc. (excluding an action for revocation prescribed in Article 9, paragraph (1) of the Administrative Case Litigation Act (Act No. 139 of 1962)). In this case, the phrase "provisional seizure" in the right column of the row for Article 133, paragraph (5) in the table in Article 35, paragraph (2) is deemed to be replaced with "provisional seizure, provisional disposition".

Beyond what is provided for in this Section, matters necessary for the implementation of the provisions of the preceding three Articles are specified by Rules of the Supreme Court.

A public prosecutor and a public prosecutor's assistant officer may perform their duties outside their jurisdictional area when necessary for an investigation under the provisions of this Section.

When a public prosecutor finds it necessary in order to make a disposition, etc. listed in the items of Article 26, paragraph (1) or a determination specified in the items of Article 29, paragraph (1) relating to that disposition, etc., the public prosecutor may conduct the following investigations:

Unlocking a covered retained article, opening its seal, confirming a covered electronic or magnetic record, and taking other necessary dispositions;

Commissioning an expert opinion on a covered retained article or an electronic or magnetic record in custody, etc., or commissioning interpretation or translation.

A public prosecutor may have a public prosecutor's assistant officer conduct the investigation under the provisions of the preceding two paragraphs.

The authority under the provisions of paragraphs (1) and (2) must not be interpreted as having been granted for the purpose of criminal investigation.

The provisions of this Chapter do not preclude carrying out, with respect to a covered retained article or a covered electronic or magnetic record, procedures under the provisions of laws and regulations concerning the handling of criminal cases or juvenile protection cases.

In addition to what is provided for in this Chapter, the procedures for implementing the provisions of this Chapter and other necessary matters are specified by Ministry of Justice Order.

If an erasure order is violated, the person who committed the violation is punished by imprisonment for one year or less or a fine of 1,000,000 yen or less.

In the case where any of the following items applies, the person who committed the violation is subject to a fine of not more than 500,000 yen:

when, in making the application under Article 18, paragraph (1) or Article 18-2, paragraph (1), the person makes a false statement or conceals facts;

If a representative of a juridical person, or an agent, employee, or other worker of a juridical person or an individual, commits a violation referred to in the preceding two Articles in connection with the business of that juridical person or individual, then in addition to punishing the offender, the fine prescribed in the relevant main provision is also imposed on that juridical person or individual.