第十八条の二
When making a decision not to permit copying (limited to one relating to Article 11-2, item (ii), (c)), and a person specified in Article 17, paragraph (1), item (iv) has applied, as provided by Ministry of Justice Order, to copy the other electronic or magnetic record prescribed in Article 11-2, item (ii), (b), specifying that record, and the public prosecutor finds that the other electronic or magnetic record is not a covered electronic or magnetic record, the public prosecutor is to permit the copying of the other electronic or magnetic record.
Notwithstanding the provisions of the preceding paragraph, a public prosecutor may refrain from permitting the copying 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 follow the public prosecutor's instructions concerning the copying 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 other electronic or magnetic record prescribed in Article 11-2, item (ii), (b).
The scope of the electronic or magnetic records to be copied under the provisions of paragraph (1) is to be determined in the decision not to permit copying.
Article 19Submission of Materials Showing Reasonable Grounds
第十九条（合理的な根拠を示す資料の提出）
When a public prosecutor finds it necessary in order to determine whether an electronic or magnetic record relating to the application under Article 18, paragraph (1) and paragraph (1) of the preceding Article is a covered electronic or magnetic record, the public prosecutor may request the person who made the application to submit, within a time limit that the public prosecutor sets, materials showing reasonable grounds supporting that the electronic or magnetic record relating to the application is not a covered electronic or magnetic record. In this case, if the person who made the application does not submit the materials, the electronic or magnetic record relating to the application is deemed to be a covered electronic or magnetic record for the purpose of the application of Article 18, paragraph (1) and paragraph (1) of the preceding Article.
Article 20Form, etc. of Decisions on Erasure, etc.
第二十条（消去等決定等の方式等）
A decision on erasure, etc., an erasure order, a decision not to permit copying and a decision under the provisions of Article 12-2 must be made in writing.
A public prosecutor must serve a certified copy of the document referred to in the preceding paragraph on the person specified in each of the following items, according to the categories of cases set out in those items.
検察官は、次の各号に掲げる場合の区分に応じ、当該各号に定める者に前項の書面の謄本を送達しなければならない。
in the case of having made a decision on erasure, etc. to the effect of taking a measure to erase an electronic or magnetic record: the person specified in Article 17, paragraph (1), item (i);
電磁的記録を消去する措置をとる旨の消去等決定をした場合 第十七条第一項第一号に定める者
in the case of having made a decision on erasure, etc. to the effect of taking a measure to dispose of a covered retained article: the person specified in Article 17, paragraph (1), item (ii);
対象領置物件を廃棄する措置をとる旨の消去等決定をした場合 第十七条第一項第二号に定める者
in the case of having made an erasure order: the person specified in Article 17, paragraph (1), item (iii);
消去命令をした場合 第十七条第一項第三号に定める者
in the case of having made a decision not to permit copying or a decision under the provisions of Article 12-2: the person specified in Article 17, paragraph (1), item (iv).
複写不許可決定又は第十二条の二の規定による決定をした場合 第十七条第一項第四号に定める者
Notwithstanding the provisions of the preceding paragraph, if the whereabouts of the person to be served are unknown, or in any other case where a certified copy of the document referred to in paragraph (1) cannot be served, service under the provisions of the preceding paragraph may be replaced by posting, on the bulletin board of the public prosecutors office to which the public prosecutor belongs, a notice to the effect that the public prosecutor keeps the certified copy of the document and will deliver it to the person to be served at any time. In this case, service under the provisions of that paragraph is deemed to have been made at the time two weeks have elapsed from the day on which the posting began.
Article 21Public Notice Where Right Holders Cannot Be Known
第二十一条（権利者を知ることができない場合の公告）
When a public prosecutor cannot make a decision on erasure, etc. because the public prosecutor is unable to know the person specified in Article 17, paragraph (1), item (i) or (ii), the public prosecutor must give public notice, by the method specified by Cabinet Order, of that fact and that the measure for erasure, etc. will be implemented if those persons do not become known even after six months have elapsed.
検察官は、第十七条第一項第一号又は第二号に定める者を知ることができないため、消去等決定をすることができないときは、その旨及び六月が経過してもこれらの者が判明しないときは消去等措置を実施することを政令で定める方法によって公告しなければならない。
Section 4 Implementation, etc. of Erasure, etc.
第四節 消去等の実施等
Article 22Implementation of Measures for Erasure, etc.
第二十二条（消去等措置の実施）
A measure for erasure, etc. must be implemented by a public prosecutor.
消去等措置は、検察官が実施しなければならない。
第二十三条
A measure for erasure, etc. may not be implemented unless it is in any of the cases set out in the following items.
消去等措置は、次の各号のいずれかに掲げる場合でなければ、実施することができない。
when no request for examination under the provisions of Article 26 has been made with respect to the decision on erasure, etc. relating to the measure for erasure, etc., and the period during which a request for examination prescribed in paragraph (1) of that Article (limited to the part relating to item (i)) may be made has elapsed;
when neither an action for revocation of the decision on erasure, etc. relating to the measure for erasure, etc. nor an action for revocation of a determination specified in Article 29, paragraph (1), items (i) to (iii) relating to that decision on erasure, etc. has been filed, and the period during which those actions for revocation may be filed has elapsed;
当該消去等措置に係る消去等決定の取消しの訴え及び当該消去等決定に係る第二十九条第一項第一号から第三号までに定める裁決の取消しの訴えの提起がなくてこれらの取消しの訴えを提起することができる期間を経過したとき。
when a judgment rejecting the claim relating to the action for revocation prescribed in the preceding item has become final and binding;
前号に規定する取消しの訴えに係る請求を棄却する判決が確定したとき。
when, in addition to the cases listed in the preceding three items, after the decision on erasure, etc. relating to the measure for erasure, etc. has been made, the person to whom the covered electronic or magnetic record to be subject to the measure for erasure, etc. belongs, or the owner or other right holder of the covered retained article, has consented to the implementation of the measure for erasure, etc.;
when six months have elapsed from the day on which public notice under the provisions of Article 21 was given without the person specified in Article 17, paragraph (1), item (i) or (ii) having become known.
第十七条第一項第一号又は第二号に定める者が判明することなく第二十一条の規定による公告をした日から六月が経過したとき。
Article 24Return, etc. of Covered Retained Articles
第二十四条（対象領置物件の還付等）
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。
Article 25Disposal Where Covered Retained Articles, etc. Are Not Collected
第二十五条（対象領置物件等の引取りをしない場合の廃棄）
With respect to a covered retained article or another recording medium onto which copying was made pursuant to the provisions of Article 18, paragraph (1), if the person who is to receive its return or delivery does not collect it by the day on which six months elapse counting from the day on which the public prosecutor requested its collection, the public prosecutor may dispose of it.
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。