①When the court is handling a case involving a crime prescribed in Article 21, paragraph (1), (2), (4) (excluding item (iv)), (5), or (6) or a crime prescribed in paragraph (1) of the preceding Article (excluding item (iii)), and the victim, the victim's legal representative, or the attorney entrusted by either of these persons files a petition to prevent the disclosure in open court of a matter that would identify all or part of the information constituting trade secrets related to the case, and the court finds it appropriate, after hearing the opinions of the accused or defense counsel, the court may rule that the matter will not be disclosed in open court and set the scope for this protection.

②The petition referred to in the preceding paragraph must be submitted to the public prosecutor in advance. In this case, the public prosecutor is to notify the court of this, along with the prosecutor's opinion.

③If the court is handling a case prescribed in paragraph (1), and the public prosecutor, the accused, or defense counsel files a petition to prevent the disclosure in open court of a matter that would identify all or part of the information constituting trade secrets held by the accused or others, and, after hearing the opposing party's views, the court finds that the matter is indispensable as proof of the offence or for the defense of the accused, but that disclosing it in open court would significantly hinder the accused's or others' business activities based on trade secrets, and finds it appropriate, the court may rule that the matter will not be disclosed in open court and set the scope of this protection.

④When the court has made a ruling as prescribed in paragraph (1) or the preceding paragraph (referred to as "protective ruling" below), and finds it necessary, after hearing the opinions of the public prosecutor and the accused or defense counsel, the court may, in a ruling, decide on a substitute name or other expression to be used in lieu of the name or other expression that identifies the matter allowing trade secrets to be identified ("matter allowing trade secrets to be identified" means any matter that identifies all or part of the information constituting trade secrets, which the court has decided not to disclose in open court pursuant to a protective ruling; the same applies below).

⑤If the court has issued a protective ruling but later determines that it is inappropriate for the matter allowing trade secrets to be identified to remain undisclosed in open court, or if the case no longer falls under the provisions of paragraph (1) due to the withdrawal or alteration of applicable penal statutes pursuant to Article 312 of the Code of Criminal Procedure (Act No. 131 of 1948), the court must, in a ruling, rescind all or part of the protective ruling and the all or part of the ruling prescribed in the preceding paragraph regarding that protective ruling (referred to as "ruling on a naming, etc." below).

①If a protective ruling has been issued, the charging sheet must be read out, pursuant to Article 291, paragraph (1) of the Code of Criminal Procedure, in a manner that does not disclose any matter allowing trade secrets to be identified. In this case, the public prosecutor must show the charging sheet to the accused.

②With regard to the application of the provisions of the second sentence of the preceding paragraph in cases where measures have been taken pursuant to the provisions of Article 271-2, paragraph (4), Code of Criminal Procedure (excluding cases where a decision by Article 271-5, paragraph (1) of the same Code has been rendered with regard to all of the matters specified as individuals (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" in the second sentence of the same 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 the same Code) and documents as prescribed in Article 271-5, paragraph (4) of the same Code" in cases where a decision by 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. as prescribed in Article 271-2, paragraph (2) of the same Code)" in other cases.

①If a protective ruling has been issued and examinations or statements by persons concerned in the case include the matter allowing trade secrets to be identified, unless limiting the examinations or statements could materially interfere with proving the offence or could be substantially detrimental to the defense of the accused, the presiding judge may limit the questions or statements. The same applies to questions for the accused by persons concerned in the case.

②The provisions of Article 295, paragraphs (5) and (6) of the Code of Criminal Procedure apply mutatis mutandis if the public prosecutor or attorney acting as defense counsel has disobeyed an order under the provisions of the preceding paragraph.

①When the court has issued a protective ruling, if the court examines a witness, expert, interpreter, or translator, or if the accused makes a voluntary statement; and if, upon hearing the opinions of the public prosecutor and the accused or defense counsel, the court finds that there is a risk that matters allowing trade secrets to be identified will be included in the examinations or statements of the witness, expert, interpreter, or translator, in questions for the accused, or in statements of the accused, and that disclosing such matters in open court would significantly hinder the business activities of the victim, the accused, or others based on trade secrets, and if the court finds it unavoidable to do so in order to prevent this, the court may conduct the examination or questioning of the accused, as prescribed in Article 311, paragraphs (2) and (3) of the Code of Criminal Procedure, on a day other than a trial date.

②The 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 which contain 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".

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 the matters involved in the examination, the statements to be made by the persons concerned in the case, or the questions for the accused.

If a protective ruling has been issued, the reading out of documentary evidence under the provisions of Article 305, paragraph (1) or (2) of the Code of Criminal Procedure, or the reading out of the contents of an electronic or magnetic record under the provisions of Article 307-2, paragraph (1) or (2) of the same Code, must be done in a manner that does not reveal the matter allowing trade secrets to be identified.

The following acts may be taken in pretrial conference procedures and interim conference procedures:

①If the public prosecutor or defense counsel finds that, in providing an opportunity to inspect documentary or material evidence pursuant to the provisions of Article 299, paragraph (1) of the Code of Criminal Procedure in a case prescribed in Article 23, paragraph (1), there is a risk that disclosing a matter that would identify all or part of the information constituting trade secrets, as prescribed in Article 23, paragraph (1) or (3), would significantly hinder the business activities of the victim, the accused, or others based on those trade secrets, the public prosecutor or defense counsel may notify the opposing party of this risk and request that the opportunity be provided in such a way that the concerned parties (including the accused) do not learn of the matters, unless those matters are necessary for proving or investigating the offence, or for the defense of the accused; provided, however, that a request to provide the opportunity in such a way that the accused does not learn of the matters is limited solely to matters not written in the charging sheet.

②The provisions of the preceding paragraph apply mutatis mutandis if the public prosecutor or defense counsel discloses evidence under the provisions of Part II, Chapter III, Section 2, Subsection 1, Division 2 of the Code of Criminal Procedure (including as applied mutatis mutandis pursuant to the provisions of Article 316-28, paragraph (2) of the same Code).

Beyond what is prescribed in this Act, matters necessary for the enforcement of the provisions referred to in Article 23 through the preceding Article are specified by Rules of the Supreme Court.