Article 17Addressees of Decisions on Erasure, etc. and Special Provisions on Hearings, etc.
第十七条（消去等決定等の名宛人及び聴聞の特例等）
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).
検察官は、消去等決定、消去命令又は複写不許可決定をするときは、行政手続法（平成五年法律第八十八号）第十三条第一項の規定にかかわらず、聴聞を行わなければならない。
With regard to the application of Article 15, paragraph (4) and Article 22, paragraph (3) of the Administrative Procedure Act in 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" in Article 15, paragraph (4) of that Act is deemed to be replaced with "posting at the posting area of the office of the administrative agency", and the phrase "the measures were commenced" in that paragraph and Article 22, paragraph (3) of that Act is deemed to be replaced with "the posting was commenced".
前項の規定による聴聞を行う場合における行政手続法第十五条第四項及び第二十二条第三項の規定の適用については、同法第十五条第四項中「（以下この項において「公示事項」という。）を総務省令で定める方法により不特定多数の者が閲覧することができる状態に置くとともに、公示事項が記載された書面を当該行政庁の事務所の掲示場に掲示し、又は公示事項を当該事務所に設置した電子計算機の映像面に表示したものの閲覧をすることができる状態に置く措置をとる」とあるのは「を当該行政庁の事務所の掲示場に掲示する」と、同項及び同法第二十二条第三項中「当該措置を開始した」とあるのは「掲示を始めた」とする。
In the case of holding a hearing under the provisions of paragraph (2), the parties, etc. prescribed in Article 18, paragraph (1) of the Administrative Procedure Act may not request copying of the part of the materials prescribed in that paragraph in which covered sexual poses, etc. are recorded.
第二項の規定による聴聞を行う場合において、行政手続法第十八条第一項に規定する当事者等は、同項に規定する資料中対象姿態等が記録された部分については謄写を求めることができない。
When, after holding a hearing under the provisions of paragraph (2), a public prosecutor finds it necessary to make a decision on erasure, etc., an erasure order or a decision not to permit copying, the public prosecutor is to make the decision on erasure, etc., the erasure order or the decision not to permit copying without delay.
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, 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 may implement the measure for erasure, etc. if the public prosecutor holds the hearing under the provisions of paragraph (2) and makes the decision on erasure, etc. with respect to the persons who have become known as those persons at the time that period has elapsed.
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.