Article 25-2Permission, etc. to Copy Electronic or Magnetic Records in Custody, etc.
第二十五条の二（保管電磁的記録等の複写の許可等）
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.
検察官は、次の各号に掲げる場合には、当該各号に定める電磁的記録の複写を許さなければならない。
in any of the following cases: electronic or magnetic records in custody, etc.;
次に掲げる場合 保管電磁的記録等
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;
複写不許可決定の取消しの訴え又は複写不許可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場合
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.
イからハまでに掲げる場合のほか、検察官が、保管電磁的記録等について、保管の必要がないと認めた場合
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.
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。