Unfair Competition Prevention Act

If a protective ruling has been issued, the charging sheet must be readreading out, pursuant to the provisions of Article 291, paragraph (1) of the Code of Criminal Procedure, must be done in a manner that does not disclose any matter allowing trade secrets to be identified. In this case, the public prosecutor must show take, with respect to the charging sheet accused, the measures specified in each of the following items according to the accusedcategory of cases set forth in those items.

In the case where public prosecution has been instituted by the method set forth in Article 54-2, paragraph (1) of the Code of Criminal Procedure: to display, as provided by Supreme Court Rules, the matters to be stated in the charging sheet that are recorded in the file prescribed in Article 40-2, paragraph (1) of that Code (or, in the case of the proviso to Article 54-4 of that Code, the recording medium referred to in that Article) on the screen of a computer (including input/output devices; the same applies in the following paragraph), in a document, or in any other form, and show them;

In the case where public prosecution has been instituted by the submission of a charging sheet: to show the charging sheet.

With regard to the application of the provisions of the second sentence of the preceding paragraph inIn cases where measures have been taken pursuant to the provisions of Article 271-2, paragraph (4), of the Code of Criminal Procedure (excluding cases where a decision byunder Article 271-5, paragraph (1) of the same Code has been rendered with regard to all of the matters specified as individuals relating to the measures (meaning matters specified as individuals as prescribed in Article 201-2, paragraph (1) of the same Code; the same applies in this paragraph below)), the term "charging sheet" inprovisions of the second sentence of the samepreceding paragraph is to be replaced with "charging sheet extract, etc. (meaning a charging sheet extract, etc. as prescribed in Article 271-2, paragraph (2) of do not apply. In this case, the public prosecutor must take, with respect to the accused, the same Code) and documents as prescribed in Article 271-5, paragraph (4) measures specified in each of the following items according to the category of the same Code"cases set forth in cases where those items, and, if a decision byunder Article 271-5, paragraph (1) of the same Code has been rendered with regard to some of the matters specified as individuals relating to the measures, and with "charging sheet extract, etc. (meaning a charging sheet extract, etc. taken pursuant to the provisions of Article 271-2, paragraph (4) of the same Code, must display, as provided by Supreme Court Rules, the contents of the electronic or magnetic record prescribed in Article 271-2271-5, paragraph (24) of the same Code)" on the screen of a computer, in a document, or in any other casesform and show them, or show the document prescribed in that paragraph.

In the case where a request under the provisions of Article 271-2, paragraph (1) of the Code of Criminal Procedure has been made by the method set forth in Article 54-2, paragraph (1) of that Code: to display, as provided by Supreme Court Rules, the matters to be stated in the charging sheet extract, etc. that are recorded in the file prescribed in item (i) of the preceding paragraph (or, in the case of the proviso to Article 54-4 of that Code, the recording medium referred to in that Article) on the screen of a computer, in a document, or in any other form, and show them;

In the case where a request under the provisions of Article 271-2, paragraph (1) of the Code of Criminal Procedure has been made by the submission of a charging sheet extract, etc.: to show the charging sheet extract, etc.

The provisions of Article 157, paragraphs (1) and (2), Article 158, paragraphs (2) and (3), Article 159, paragraph (1), Article 273, paragraph (2), Article 274, and Article 303 of the Code of Criminal Procedure apply mutatis mutandis to the proceedings for asking for a statement of the accused under the provisions of the preceding paragraph. In this case, the phrase "the accused or defense counsel" in Article 157, paragraph (1), Article 158, paragraph (3), and Article 159, paragraph (1) of the Code of Criminal Procedure is to be replaced with "defense counsel, the co-defendants, or their defense counsel"; the phrase "the accused and defense counsel" in Article 158, paragraph (2) of the same Code is to be replaced with "defense counsel, the co-defendants, and their defense counsel"; the phrase "the trial date" in Article 273, paragraph (2) of the same Code is to be replaced with "the date of the proceedings for asking statements of the accused under the provisions of Article 26, paragraph (1) of the Unfair Competition Prevention Act"; the phrase "the trial date" in Article 274 of the same Code is to be replaced with "the date, time, and location of the proceedings for asking statements of the accused under the provisions of Article 26, paragraph (1) of the Unfair Competition Prevention Act"; the phrase "documents or electronic or magnetic records which contain or record the results of the examination of witnesses or other persons, inspections, seizure (including orders to provide electronic or magnetic records (limited to those ordering provision by the method set forth in Article 102-2, paragraph (1), item (i), (a))), search, and orders to provide electronic or magnetic records (limited to those ordering provision by the method set forth in (b) of that item) (including having electronic or magnetic records provided by such an order), and objects seized and electronic or magnetic records provided by an order to provide electronic or magnetic records (limited to those ordering provision by the method set forth in (b) of that item)" in Article 303 of the same Code is to be replaced with "documents or electronic or magnetic records which contain or record the results of the proceedings for asking statements of the accused under the provisions of Article 26, paragraph (1) of the Unfair Competition Prevention Act"; and the phrase "documentary or material evidence" in the same Article is to be replaced with "documentary evidence (including electronic or magnetic records)".

(Order to Present Documents , etc. that Outline Matters for Examination)

If the court finds it necessary to issue a ruling on a naming, etc., or to decide that the examination or the proceedings for asking statements from the accused will be conducted on a day other than the trial date, pursuant to the provisions of paragraph (1) of the preceding Article, the court may order the public prosecutor and the accused or defense counsel to present a document outlining or electronic or magnetic record that states or records an outline of the matters involved in the examination, the statements to be made by the persons concerned in the case, or the questions for the accused. In this case, the electronic or magnetic record is to be presented by way of inspection of a display of its contents.