If a person, without justifiable grounds, violates an order to provide electronic or magnetic records under Article 218, paragraph (1) or an order under paragraph (3) of that Article, the person who committed the violation is punished by imprisonment for not more than one year or a fine of not more than 3,000,000 yen.
If the representative of a corporation, or the representative, employee, or other worker of a corporation or of any person, has committed the violation referred to in the preceding paragraph with regard to the business of the corporation or the person, the corporation or the person is to be subject to the fine prescribed in that paragraph in addition to the offender being subject to punishment.
Public prosecutors, public prosecutor's assistant officers or judicial police officials may ask any person other than a suspect to appear in their office, interrogate said person or request said person to conduct an expert examination, translate or interpret if it is necessary for the investigation of a crime.
第二項
第百九十八条第一項但書及び第三項乃至第五項の規定は、前項の場合にこれを準用する。
The proviso of Article 198, paragraph (1) and the provisions of paragraphs (3) to (5) of the same Article apply mutatis mutandis to the case set forth in the preceding paragraph.
When the measures prescribed in Article 167, paragraph (1) are necessary in cases where a request is made for an expert examination pursuant to the provisions of paragraph (1) of the preceding Article, public prosecutors, public prosecutor's assistant officers or judicial police officers must request a judge for the measures mentioned above.
When the judge finds the request set forth in the preceding paragraph reasonable, said judge must carry out the measures as in the case of Article 167. In this case, the provisions of Article 167-2 apply mutatis mutandis.
The provisions of Article 207-2 and Article 207-3 apply mutatis mutandis to the request under paragraph (1). In this case, the phrase "whose detention has been requested" in Article 207-2 is deemed to be replaced with "for whom the measure prescribed in Article 167, paragraph (1) has been requested", the phrase "detention warrant" in that Article and in Article 207-3, paragraphs (3) and (5) is deemed to be replaced with "detention warrant for expert examination", and the phrase "pursuant to the provisions of the main clause of paragraph (5) of the preceding Article" in Article 207-2, paragraph (2) is deemed to be replaced with "pursuant to the provisions of the first sentence of Article 224, paragraph (2), in accordance with the case of Article 167".
With regard to the application of the provisions of Article 98 as applied mutatis mutandis pursuant to Article 167-2, paragraph (2) as applied mutatis mutandis pursuant to the second sentence of paragraph (2) of the preceding Article in the case where a document in lieu of a detention warrant has been deliveredprovided pursuant to the provisions of Article 207-2, paragraph (2), the phrase "a transcript of the detention warrant" in paragraph (1) of Article 98 is deemed to be replaced with "the document in lieu of the detention warrant under the main clause of Article 207-2, paragraph (2)"; in item (i) of that paragraph, the phrase "the detention warrant is" is deemed to be replaced with "the document in lieu of the detention warrant is", the phrase "a transcript of it" with "the document in lieu of the detention warrant", and the phrase "the matters recorded in the detention warrant and the name of the presiding judge or the commissioned judge pertaining to the measure under Article 64, paragraph (2) (limited to the portion pertaining to item (ii))" with "the matters recorded in the document in lieu of the detention warrant"; and in item (ii) of that paragraph, the phrase "the ruling" is deemed to be replaced with "the ruling or the detention warrant for expert examination", and the phrase "a certified copy of it" with "a certified copy of the ruling or the detention warrant for expert examination".
A person who has been requested for an expert examination pursuant to the provisions of Article 223, paragraph (1) may carry out the measures prescribed in Article 168, paragraph (1) with the permission of the judge.
第二百二十五条第二項
前項の許可の請求は、検察官、検察事務官又は司法警察員からこれをしなければならない。
The request for the permission set forth in the preceding paragraph must be made by a public prosecutor, a public prosecutor's assistant officer or a judicial police officer.
第二百二十五条第三項
裁判官は、前項の請求を相当と認めるときは、許可状を発しなければならない。
Where a judge finds the request set forth in the preceding paragraph reasonable, said judge must issue a permit.
Where a person who apparently possesses information essential to the investigation of a crime refuses to appear or make a statement voluntarily at the interrogation pursuant to the provisions of Article 223, paragraph (1), a public prosecutor may, only before the first trial date, request a judge to examine said person as a witness.
When a person who has made a voluntary statement to a public prosecutor, a public prosecutor's assistant officer or a judicial police official pursuant to the provisions of Article 223, paragraph (1) is likely to make a statement on the trial date that differs from the previous statement, and the statement of the person is deemed essential in proving a fact constituting the crime, the public prosecutor may, only before the first trial date, request the judge to examine said person as a witness.
When making the request set forth in the preceding paragraph, a public prosecutor must show prima facie evidence of the reasons for the necessity of such examination and that such examination is essential in proving a fact constituting the crime.
第二百二十八条
第一項
前二条の請求を受けた裁判官は、証人の尋問に関し、裁判所又は裁判長と同一の権限を有する。
A judge who receives the request set forth in the preceding two Articles has the same authority as a court or a presiding judge with regard to the examination of the witness.
The judge may, if said judge deems there is no fear of interference with the criminal investigation, have the defendant, the suspect or the defense counsel be present at the examination set forth in the preceding paragraph.
If a person dies an unnatural death or the body of a person who is suspected to have died an unnatural death has been found, a public prosecutor of a district or local public prosecutor's office, which has jurisdiction over the place where the body was found, must perform a coroner's inspection.
第二項
検察官は、検察事務官又は司法警察員に前項の処分をさせることができる。
A public prosecutor may have a public prosecutor's assistant officer or a judicial police officer execute the disposition set forth in the preceding paragraph.
第二百三十条
第一項
犯罪により害を被つた者は、告訴をすることができる。
A person who has been injured by an offense may file a criminal complaint.
第二百三十一条
第一項
被害者の法定代理人は、独立して告訴をすることができる。
A statutory representative of a victim may file a criminal complaint independently.
When a victim has died, said victim's spouse, a lineal relative or sibling may file a criminal complaint, but not when this is against the express wishes of the victim.
Where the statutory representative of a victim is the suspect, the spouse of the suspect, a blood relative within the fourth degree of kinship or a relative by affinity within the third degree of kinship of the suspect, then a relative of the victim may file a criminal complaint independently.
第二百三十三条
第一項
死者の名誉を毀損した罪については、死者の親族又は子孫は、告訴をすることができる。
With respect to the offense of defamation of a deceased person, said person's relatives or descendants may file a criminal complaint.
The provisions of the preceding paragraph apply also where, with respect to the offense of defamation, the victim has died without filing a criminal complaint, but not when this is against the express wishes of the victim.
Where there is no person who can file a criminal complaint with regard to an offense prosecutable upon a criminal complaint, a public prosecutor may, upon the application of an interested party, designate a person who can file a criminal complaint.
With regard to an offense prosecutable upon a criminal complaint, no criminal complaint may be made after the lapse of six months from the day on which the complainant knew the offender; provided, however, that this does not apply to a criminal complaint made by the representative of a foreign state pursuant to the provisions of Article 232, paragraph (2) of the Penal Code, or a criminal complaint made with regard to the crime under Article 230 or 231 of the same Code against a foreign mission sent to Japan by the mission.
第二百三十六条
第一項
告訴をすることができる者が数人ある場合には、一人の期間の徒過は、他の者に対しその効力を及ぼさない。
Where there are two or more persons entitled to file a criminal complaint, failure by one of them to observe the time period for complaint does not affect the others.
第二百三十七条
第一項
告訴は、公訴の提起があるまでこれを取り消すことができる。
A criminal complaint may be withdrawn at any time before the institution of prosecution.
第二項
告訴の取消をした者は、更に告訴をすることができない。
A person who has withdrawn a criminal complaint may not file the criminal complaint again.
第三項
前二項の規定は、請求を待つて受理すべき事件についての請求についてこれを準用する。
The provisions of the preceding two paragraphs apply mutatis mutandis to a claim regarding a case which is to be accepted on a claim.
A criminal complaint made against one or more accomplices in an offense prosecutable upon a criminal complaint or the withdrawal thereof has effect with respect to the other accomplices.
The provisions of the preceding paragraph apply mutatis mutandis to an accusation or claim, or the withdrawal thereof, regarding a case which is to be received upon an accusation or claim.
第二百三十九条
第一項
何人でも、犯罪があると思料するときは、告発をすることができる。
Any person who believes that an offense has been committed may file an accusation.
第二項
官吏又は公吏は、その職務を行うことにより犯罪があると思料するときは、告発をしなければならない。
A government official or local government official must file an accusation when they believe, in the course of performing their duties, that an offense has been committed.
第二百四十条
第一項
告訴は、代理人によりこれをすることができる。告訴の取消についても、同様である。
A criminal complaint may be made by a representative. The same applies to the withdrawal of a criminal complaint.
A criminal complaint or an accusation must be filed withmade to a public prosecutor or a judicial police officer in writing or orally, or, as provided by order of the competent ministry, by electronic or magnetic means (meaning means using an electronic data processing system (meaning an electronic data processing system connecting the computer used by a public prosecutor or judicial police officer and the computer used by the person making the complaint or accusation via telecommunication lines) or other means utilizing information and communications technology that are specified by order of the competent ministry).
A criminal complaint or accusation must be made by clarifying the facts of the crime, a statement to the effect that punishment of the offender is sought, and the name and residence of the person making the complaint or accusation or a contact address in lieu of the residence (in the case of a legal person, its name or trade name, the name of its representative and the location of its principal office or head office).
第二百四十一条第三項
検察官又は司法警察員は、口頭による告訴又は告発を受けたときは調書を作らなければならない。
A public prosecutor or judicial police officer must make a written statement when they have received an oral criminal complaint or accusation.
A judicial police officer must, when they have received a criminal complaint or accusation, send the documents and articles of evidence, and electronic or magnetic records, regarding the complaint or the accusation to a public prosecutor promptly.
The provisions of the preceding two Articles apply mutatis mutandis to the withdrawal of a criminal complaint or accusation. In this case, the phrase "the facts of the crime, a statement to the effect that punishment of the offender is sought" in Article 241, paragraph (2) is deemed to be replaced with "particulars sufficient to specify the complaint or accusation to be withdrawn, a statement to the effect that the complaint or accusation is withdrawn".
A criminal complaint or withdrawal thereof made by the representative of a foreign country pursuant to the provisions of Article 232, paragraph (2) of the Penal Code may be filed with the Minister for Foreign Affairs notwithstanding the provisions of Article 241 and the preceding Article. The same applies to a criminal complaint or withdrawal thereof regarding an offense against a foreign mission sent to Japan as prescribed in Article 230 or 231 of the Penal Code, made by such mission.
Except as otherwise provided in this Code, a judicial police officer must, when said police officer has conducted the investigation of an offense, send the case together with the documents and articles of evidence, and electronic or magnetic records, to a public prosecutor promptly; provided however, that this does not apply to cases which have been specially designated by a public prosecutor.