When necessary in the investigation of a criminal case, a Japan Fair Trade Commission staff member may commission persons who have knowledge and experience to give expert opinions on objects retained, seized, or seized by ordering records, or commission interpreters or translators.
The persons commissioned to give expert opinions pursuant to the provisions of the preceding paragraph (referred to in the paragraph (4) and paragraph (5) as "expert witness") may destruct the objects involved with the permission by a judge of the district court or summary court having jurisdiction over the location of the Japan Fair Trade Commission.
A request for permission under the preceding paragraph must be made by a Japan Fair Trade Commission staff member.
If a request provided in the preceding paragraph is made, the judge must issue a warrant to the Japan Fair Trade Commission staff member with the judge's name and seal affixed thereto, and the following information entered thereon: the name of the suspect (for a corporation, this means its name), the charge, the object to destruct, the names of the expert witnesses; the government position and name of the person making the request; the warrant's valid period; the fact that the execution may not be initiated and the warrant must be returned after the expiration of the valid period; the date of issuance of the warrant; and the name of the court to which the judge belongs.
The expert witnesses must show the warrant provided for in the preceding paragraph to the person that is subject to the measures of paragraph (2).
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Japan Fair Trade Commission staff member
「委員会職員」
In Chapter 12, a staff member of the Japan Fair Trade Commission whom the Commission has designated to investigate criminal cases (犯則事件).
Short name set inArticle 101, paragraph (1)· applies only in this chapter
criminal casemachine translation
「犯則事件」
In Chapter 12, a case concerning the offences in Articles 89 to 91 (among them private monopolization and unreasonable restraint of trade, prohibited international agreements, failing to obey a final cease and desist order, and shareholding in breach of Article 11), which designated Japan Fair Trade Commission staff members (委員会職員) may investigate.
Defined inArticle 101, paragraph (1)· applies only in this chapter
expert witness
「鑑定人」
In Article 114-3, a person of learning and experience whom a designated Japan Fair Trade Commission staff member (委員会職員) has asked, in investigating a criminal case (犯則事件), for an expert opinion on items retained or seized, and who may destroy such an item with a judge's permission.
Short name set inArticle 114-3, paragraph (2)· applies only in this provision and in Article 114-3, paragraphs (4) and (5)
Fair Trade Commission
公正取引委員会
The body the Act on Prohibition of Private Monopolization and Maintenance of Fair Trade (独占禁止法, the Antimonopoly Act) sets up to achieve that Act's purpose — among other things, to promote fair and free competition by banning private monopolization, unreasonable restraint of trade and unfair trade practices, and so to protect the interests of general consumers and the democratic and sound development of the national economy (Antimonopoly Act, Articles 1 and 27, paragraph (1)). It comes under the Prime Minister's jurisdiction, but its chairperson and four commissioners — appointed by the Prime Minister with the consent of both Houses of the Diet — exercise their authority independently (Articles 27, paragraph (2), 28 and 29). Under the Act against Unjustifiable Premiums and Misleading Representations, businesses and trade associations may, with the approval of both the Prime Minister and the Fair Trade Commission, conclude or set agreements or rules (協定又は規約) on premiums or representations (Article 36, paragraph (1)).
Written by AI using Antimonopoly Act, Arts. 1, 27, 28, 29 and Act against Unjustifiable Premiums and Misleading Representations, Art. 36 as a reference.
summary court
簡易裁判所
One of the four kinds of lower court (下級裁判所) beneath the Supreme Court, with the high courts (高等裁判所), the district courts (地方裁判所) and the family courts (家庭裁判所) (Courts Act, Article 1, and Article 2, paragraph (1)). A summary court has jurisdiction at first instance over civil claims whose value does not exceed 1.4 million yen, other than claims in administrative cases, and over criminal cases for offences punishable by no more than a fine or for which a fine is one of the penalties the law allows, among others (Article 33, paragraph (1)). A petition for court mediation goes, unless a special rule says otherwise, to the summary court for the place where the other party lives or has its business office or other office, or to a district court or summary court the parties agree on (Civil Mediation Act, Article 3, paragraph (1)).
Written by AI using Courts Act, Arts. 1, 2, 33 and Civil Mediation Act, Art. 3 as a reference.