Article 18Copying of Electronic or Magnetic Records That Are Not Covered Electronic or Magnetic Records
第十八条（対象電磁的記録ではない電磁的記録の複写）
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.
技術的理由その他の事由により、複写をすることが困難であると認められるとき。
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.