If it is necessary for investigating a criminal case, a Commission official may commission a person with relevant expertise to present an expert opinion or commission that person to perform interpretation or translation services, with regard to a retained object, seized object, or object seized with an order to produce a copy of records.
A person that has received a request for an expert opinion under the provisions of the preceding paragraph (referred to as an "expert" in paragraphs (4) and (5)) may destroy the object for which an expert opinion was requested, with the permission of the judge of the district court or summary court that has jurisdiction over the locality of the Commission.
A request for the permission referred to in the preceding paragraph must come from a commission official.
If the request referred to in the preceding paragraph has been filed and the judge finds the request to be reasonable, the judge must issue a warrant to a Commission official which states the name of the suspect in the criminal case, the charged offense, and the object to be destroyed; states the name of the expert; states the government position and name of the requester; states the valid period; indicates that after the valid period ends, the warrant may not be executed and must be returned; states the date of issuance and the name of the court; and bears the judge's name and seal.
An expert must show the warrant referred to in the preceding paragraph to a person subject to the disposition referred to in paragraph (2).
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(Request for Expert Opinion)
If it is necessary for investigating a criminal case, a Commission official may commission a person with relevant expertise to present an expert opinion or commission that person to perform…
委員会職員は、犯則事件を調査するため必要があるときは、学識経験を有する者に領置物件、差押物件若しくは記録命令付差押物件についての鑑定を嘱託し、又は通訳若しくは翻訳を嘱託することができる。
Open this provision(Request for Expert Opinion)
A person that has received a request for an expert opinion under the provisions of the preceding paragraph (referred to as an "expert" in paragraphs (4) and (5)) may destroy the object for which an…
前項の規定による鑑定の嘱託を受けた者（第四項及び第五項において「鑑定人」という。）は、委員会の所在地を管轄する地方裁判所又は簡易裁判所の裁判官の許可を受けて、当該鑑定に係る物件を破壊することができる。
Open this provision(Request for Expert Opinion)
A request for the permission referred to in the preceding paragraph must come from a commission official.
前項の許可の請求は、委員会職員からしなければならない。
Open this provision(Request for Expert Opinion)
If the request referred to in the preceding paragraph has been filed and the judge finds the request to be reasonable, the judge must issue a warrant to a Commission official which states the name of…
前項の請求があつた場合において、裁判官は、当該請求を相当と認めるときは、犯則嫌疑者の氏名（法人については、名称）、罪名、破壊すべき物件及び鑑定人の氏名並びに請求者の官職及び氏名、有効期間、その期間経過後は執行に着手することができずこれを返還しなければならない旨、交付の年月日並びに裁判所名を記載し…
Open this provision(Request for Expert Opinion)
An expert must show the warrant referred to in the preceding paragraph to a person subject to the disposition referred to in paragraph (2).
鑑定人は、第二項の処分を受ける者に前項の許可状を示さなければならない。
Open this provisionCommission
「委員会」
The Securities and Exchange Surveillance Commission (証券取引等監視委員会), whose officials investigate criminal cases (犯則事件) under Article 210 and the articles that follow it.
Short name set inArticle 210, paragraph (1)· applies only in this chapter
Commission officialmachine translation
「委員会職員」
An official of the Securities and Exchange Surveillance Commission (証券取引等監視委員会), who may investigate criminal cases (犯則事件) under Article 210 and the articles that follow it.
Short name set inArticle 210, paragraph (1)· applies only in this chapter
criminal casemachine translation
「犯則事件」
In Chapter IX, a case concerning a crime under Chapter VIII that a Cabinet Order (政令) specifies as one the officials of the Securities and Exchange Surveillance Commission (証券取引等監視委員会) should investigate for the public interest or investor protection, such as a crime that harms the fairness of the purchase and sale or other transactions of securities, or of derivatives transactions, etc.
Defined inArticle 210, paragraph (1)· applies only in this chapter
expert
「鑑定人」
In Article 222-3, paragraphs (2), (4) and (5), a person of learning and experience whom an official of the Securities and Exchange Surveillance Commission (証券取引等監視委員会) investigating a criminal case (犯則事件) has asked to give an expert opinion on articles retained, seized or seized with a recording order, and who may destroy such an article with the permission of a judge.
Short name set inArticle 222-3, paragraph (2)· applies only in this provision and in Article 222-3, paragraphs (4) and (5)
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.