When the court has taken measures under Article 271-2, paragraph (4), if it finds that any of the following items applies, it must, upon the request of the defendant or the defense counsel, render a ruling to the effect that all or part of the particulars identifying an individual pertaining to those measures are to be notified to the defendant.
第二百七十一条の五第一項第一号
イ又はロに掲げる個人特定事項の区分に応じ、当該イ又はロに定める場合であるとき。
the case specified in (a) or (b), as the case may be, according to the category of particulars identifying an individual set forth in (a) or (b);
particulars identifying an individual of the victim: if the crime pertaining to the case pertaining to the measures does not fall under those prescribed in Article 271-2, paragraph (1), item (i), (a) and (b), and the case pertaining to the measures does not fall under those set forth in (c) of that item;
particulars identifying an individual of a person other than the victim: if the person pertaining to the measures does not fall under the persons set forth in Article 271-2, paragraph (1), item (ii);
第二百七十一条の五第一項第二号
当該措置により被告人の防御に実質的な不利益を生ずるおそれがあるとき。
if the measures are likely to substantially harm the defense of the defendant.
When the court has taken measures under Article 271-3, paragraph (4) or paragraph (5) of the preceding Article, if it finds that any of the following items applies, it must, upon the request of the defendant or the defense counsel, render a ruling to the effect that all or part of the particulars identifying an individual pertaining to the measures are to be notified to the defense counsel, subject to the condition that the defense counsel must not make those particulars identifying an individual known to the defendant.
if it is possible, through the measures under Article 271-3, paragraph (2) or paragraph (3) of the preceding Article, to prevent the reputation or peaceful social life prescribed in Article 271-2, paragraph (1), item (i), (c), (1) and item (ii), (a) from being seriously harmed and to prevent the acts prescribed in item (i), (c), (2) and item (ii), (b) of that paragraph;
第二百七十一条の五第二項第二号
当該措置により被告人の防御に実質的な不利益を生ずるおそれがあるとき。
if the measures are likely to substantially harm the defense of the defendant.
第二百七十一条の五第三項
裁判所は、前二項の請求について決定をするときは、検察官の意見を聴かなければならない。
If the court makes a ruling for the requests under the preceding two paragraphs, the court must hear the opinion of the public prosecutor.
The notice pertaining to a ruling under paragraph (1) or paragraph (2) is to be given by the court by means of a document stating or electronic or magnetic record stating or recording the particulars identifying an individual that are to be notified by that ruling; provided, however, that notice by electronic or magnetic record to the defendant may not be given if the defendant objects.
第二百七十一条の五第五項
第一項又は第二項の請求についてした決定に対しては、即時抗告をすることができる。
An immediate appeal may be filed against a ruling made on a request under paragraph (1) or paragraph (2).
With regard to a case for which a transcript of the charging sheetmeasure has been submittedtaken pursuant to Article 271-3, paragraph (1) or Article 271-4, paragraph (2), if the court finds that, among the particulars identifying an individual stated in the charging sheet, those not stated in the extract of the charging sheet, etc. pertaining to the request under Article 271-2, paragraph (1) (excluding those that are to be notified by a ruling under paragraph (1) of the preceding Article; hereinafter the same applies in this Article and Article 271-8, paragraph (1)) are those of a person set forth in Article 271-2, paragraph (1), item (i) or item (ii), then, after hearing the opinions of the public prosecutor and the defense counsel, if it finds it appropriate, it may, when the defense counsel inspects or copies documents or articles of evidence relating to trials pursuant to Article 40, paragraph (1) or Article 40-2, paragraph (1), set a condition that the defense counsel must not make those particulars identifying an individual stated or recorded therein known to the defendant, or designate the time or method of making them known to the defendant; provided, however, that this does not apply when it becomes impossible to confirm whether or not the person pertaining to those particulars identifying an individual has an interest in the defendant or other persons concerned, which may contribute to the determination of the probative value of that person's statement, or when it is otherwise likely to substantially harm the defense of the defendant.
With regard to a case for which the extract of the charging sheet, etc.a measure has been submittedtaken pursuant to Article 271-3, paragraph (3) or Article 271-4, paragraph (4), if the court finds that, among the particulars identifying an individual stated in the charging sheet, those not stated in the extract of the charging sheet, etc. pertaining to the request under Article 271-2, paragraph (1) are those of a person set forth in Article 271-2, paragraph (1), item (i) or item (ii) of that paragraph, then, after hearing the opinions of the public prosecutor and the defense counsel, if it finds it appropriate, it may, when the defense counsel inspects or copies documents or articles of evidence relating to trials pursuant to Article 40, paragraph (1) or Article 40-2, paragraph (1), prohibit the inspection or copying of the part of them in which those particulars identifying an individual are stated or recorded, or set a condition that the defense counsel must not make those particulars identifying an individual known to the defendant, or designate the time or method of making them known to the defendant; provided, however, that this does not apply when it becomes impossible to confirm whether or not the person pertaining to those particulars identifying an individual has an interest in the defendant or other persons concerned, which may contribute to the determination of the probative value of that person's statement, or when it is otherwise likely to substantially harm the defense of the defendant.
With regard to a case prescribed in the main clause of paragraph (1), if the court finds that, among the particulars identifying an individual stated in the charging sheet, those not stated in the extract of the charging sheet, etc. pertaining to the request under Article 271-2, paragraph (1) are those of a person set forth in Article 271-2, paragraph (1), item (i) or item (ii) of that paragraph, and if a request set forth in one of the following items has been made by the defense counsel under Article 46, then, after hearing the opinions of the public prosecutor and the defense counsel, if it finds it appropriate, it may, when delivering to the defense counsel a transcript or extract of the written decision or the trial record in which the judicial decision is recorded, set a condition that the defense counsel must not make those particulars identifying an individual stated therein known to the defendant, or designate the time or method of making them known to the defendant take the measure specified in the relevant item; provided, however, that this does not apply when it becomes impossible to confirm whether or not the person pertaining to those particulars identifying an individual has an interest in the defendant or other persons concerned, which may contribute to the determination of the probative value of that person's statement, or when it is otherwise likely to substantially harm the defense of the defendant.
a request under Article 46, paragraph (1): when delivering to the defense counsel a transcript or extract of the written decision or the trial record in which the judicial decision is recorded, setting a condition that the defense counsel must not make those particulars identifying an individual stated therein known to the defendant, or designating the time or method of making them known to the defendant;
a request under Article 46, paragraph (2): when providing to the defense counsel the document or electronic or magnetic record prescribed in that paragraph, setting a condition that the defense counsel must not make those particulars identifying an individual stated or recorded therein known to the defendant, or designating the time or method of making them known to the defendant.
With regard to a case prescribed in the main clause of paragraph (2), if the court finds that, among the particulars identifying an individual stated in the charging sheet, those not stated in the extract of the charging sheet, etc. pertaining to the request under Article 271-2, paragraph (1) are those of a person set forth in Article 271-2, paragraph (1), item (i) or item (ii) of that paragraph, and if a request set forth in one of the following items has been made by the defense counsel under Article 46, then, after hearing the opinions of the public prosecutor and the defense counsel, if it finds it appropriate, it may deliver an extract of the written decision or the trial record in which the judicial decision is recorded, in which those particulars identifying an individual are not stated, or, when delivering to the defense counsel a transcript or extract of the written decision or the trial record in which the judicial decision is recorded, set a condition that the defense counsel must not make those particulars identifying an individual known to the defendant, or designate the time or method of making them known to the defendanttake the measure specified in the relevant item; provided, however, that this does not apply when it becomes impossible to confirm whether or not the person pertaining to those particulars identifying an individual has an interest in the defendant or other persons concerned, which may contribute to the determination of the probative value of that person's statement, or when it is otherwise likely to substantially harm the defense of the defendant.
第二百七十一条の六第四項第一号新設
第四十六条第一項の規定による請求 次のイ又はロのいずれかに掲げる措置
a request under Article 46, paragraph (1): either of the measures set forth in (a) or (b):
第二百七十一条の六第四項第一号イ新設
裁判書又は裁判を記載した調書の抄本であつて当該個人特定事項の記載がないものを交付すること。
delivering an extract of the written decision or the trial record in which the judicial decision is recorded, in which those particulars identifying an individual are not stated;
第二百七十一条の六第四項第一号ロ新設
前項第一号に定める措置をとること。
taking the measure specified in item (i) of the preceding paragraph;
第二百七十一条の六第四項第二号新設
第四十六条第二項の規定による請求 次のイ又はロのいずれかに掲げる措置
a request under Article 46, paragraph (2): either of the measures set forth in (a) or (b):
providing a document or electronic or magnetic record in which part of the particulars recorded in the written decision or record prescribed in Article 46, paragraph (2) is written or recorded (limited to one in which those particulars identifying an individual are not stated or recorded), and for which it has been certified that its contents are identical to the particulars recorded in that written decision or record;
第二百七十一条の六第四項第二号ロ新設
前項第二号に定める措置をとること。
taking the measure specified in item (ii) of the preceding paragraph.
With regard to a case for which the extract of the charging sheet, etc.a request has been submittedmade pursuant to Article 271-2, paragraph (2)(1), if the court finds that, among the particulars identifying an individual stated in the charging sheet, those not stated in the extract of the charging sheet, etc.pertaining to the request are those of a person set forth in paragraph (1), item (i) or item (ii) of that Articleparagraph, and if a request has been made under Article 46 set forth in the following items has been made by the defendant or other persons concerned in the case (excluding the public prosecutor and the defense counsel), then, after hearing the opinions of the public prosecutor and the defendant or other persons concerned in the case who made the request, if it finds it appropriate, it may deliver an extract of the written decision or the trial record in which the judicial decision is recorded, in which those particulars identifying an individual are not statedtake the measure prescribed in the relevant item; provided, however, that this does not apply when it becomes impossible to confirm whether or not the person pertaining to those particulars identifying an individual has an interest in the defendant or other persons concerned, which may contribute to the determination of the probative value of that person's statement, or when it is otherwise likely to substantially harm the defense of the defendant.
第二百七十一条の六第五項第一号新設
第四十六条第一項の規定による請求 前項第一号イに掲げる措置をとること。
A request under Article 46, paragraph (1): taking the measure set forth in item (i), (a) of the preceding paragraph;
第二百七十一条の六第五項第二号新設
第四十六条第二項の規定による請求 前項第二号イに掲げる措置をとること。
A request under Article 46, paragraph (2): taking the measure set forth in item (ii), (a) of the preceding paragraph.
With regard to a case prescribed in the main clause of the preceding paragraph, if the court finds that, among the particulars identifying an individual stated in the charging sheet, those not stated in the extract of the charging sheet, etc. pertaining to the request under Article 271-2, paragraph (1) are those of a person set forth in Article 271-2, paragraph (1), item (i) or item (ii) of that paragraph, then, after hearing the opinions of the public prosecutor and the defendant, if it finds it appropriate, it may, when the defendant inspects the trial records what displays the contents of the trial records, views and listens to what reproduces their contents, or requests that they their contents be read aloud pursuant to Article 49, prohibit the inspection of, or the viewing and listening to, the part of them in which those particulars identifying an individual are stated or recorded, or refuse the request that that part be read aloud; provided, however, that this does not apply when it becomes impossible to confirm whether or not the person pertaining to those particulars identifying an individual has an interest in the defendant or other persons concerned, which may contribute to the determination of the probative value of that person's statement, or when it is otherwise likely to substantially harm the defense of the defendant.
If the defense counsel has violated a condition set pursuant to Article 271-3, paragraph (2), Article 271-4, paragraph (3), Article 271-5, paragraph (2), or paragraphs (1) through (4) of the preceding Article, or has failed to comply with a designation of the time or method under paragraphs (1) through (4) of that Article, the court may, with regard to defense counsel who is an attorney, notify the bar association to which the attorney belongs or the Japan Federation of Bar Associations, and request that appropriate measures be taken.
第二項
前項の規定による請求を受けた者は、そのとつた処置をその請求をした裁判所に通知しなければならない。
A person who has received a request under the preceding paragraph must notify the court that made the request of the measures taken.