A public prosecutor must return the covered retained article if any of the following items applies.
検察官は、次の各号のいずれかに該当するときは、対象領置物件を還付しなければならない。
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;
消去等決定の取消しの訴え又は消去等決定に係る第二十九条第一項第二号に定める裁決の取消しの訴えに係る請求を認容する判決が確定したとき。
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.
検察官は、対象領置物件の還付を受けるべき者の住所若しくは居所が分からないため、又はその他の事由により、これを還付することができない場合には、その旨を政令で定める方法によって公告しなければならない。
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.
前項の規定は、民事訴訟の手続に従い、利害関係人がその権利を主張することを妨げない。