第十三条
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;
刑事訴訟法第九十九条第一項の規定により差し押さえた物であって、その差押えの時まで検察官により保管されていたもの
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;
刑事訴訟法第九十九条第三項の規定により提出を受けた物であって、その提出を受ける時まで検察官により保管されていたもの
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.
刑事訴訟法第百一条の規定により領置した物であって、検察官が同法第三百十条の規定により裁判所に提出したもの
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;
少年法第十五条第二項において準用する刑事訴訟法第九十九条第一項の規定により差し押さえた物であって、その差押えの時まで検察官により保管されていたもの
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;
少年法第十五条第二項において準用する刑事訴訟法第九十九条第三項の規定により提出を受けた物であって、その提出を受ける時まで検察官により保管されていたもの
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.
少年法第十五条第二項において準用する刑事訴訟法第百一条の規定により領置した物であって、少年の保護事件の処理に関する法令の規定により検察官が家庭裁判所に送付したもの
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.
Article 14Preparation of Retention Inventories, etc.
第十四条(領置目録の作成等)
When a public prosecutor has made a retention under the first sentence of Article 12 or the first sentence of paragraph (3) or (7) of the preceding Article, the public prosecutor must prepare an inventory of the retained articles and deliver it to the owner, possessor or custodian (excluding the court before which a criminal case prescribed in paragraph (1) or (4) of that Article is pending or the family court prescribed in paragraph (2) or (5) of that Article) or a person to act in their place.
Article 15Storage, etc. of Covered Retained Articles
第十五条(対象領置物件の保管等)
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.
保管上危険を生じるおそれがある対象領置物件は、廃棄することができる。
Article 16Decision on Erasure, etc.
第十六条(消去等決定)
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.
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.
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.