Article 271-8

①The court (in the case of items (i) and (iv), including the presiding judge and the judges of the panel; in the case of items (ii) and (iii), including the judge under Article 66, paragraph (4), and the presiding judge and the judges of the panel; and in the case of item (v), meaning the judge) may, with regard to a case for which the extract of the charging sheet, etc. has been submitted pursuant to Article 271-2, paragraph (2), if it finds that, among the particulars identifying an individual stated in the charging sheet, those not stated in the extract of the charging sheet, etc. are those of a person set forth in paragraph (1), item (i) or item (ii) of that Article, and finds it appropriate, take the following measures:

②With regard to the application of Article 73, paragraphs (1) and (3) where a substitute for the subpoena has been delivered pursuant to paragraph (1) (limited to the part pertaining to item (ii)), the phrase "said subpoena" in the first sentence of paragraph (1) of that Article, the phrase "the subpoena or detention warrant" in paragraph (3) of that Article, and the phrase "the warrant" in the proviso of that paragraph are deemed to be replaced with "the substitute for the subpoena prescribed in Article 271-8, paragraph (1), item (ii)", and the phrase "an outline of the facts of the charges to the defendant and" in that paragraph is deemed to be replaced with "an outline of the facts of the charges to the defendant by a method that does not disclose those particulars identifying an individual stated in the subpoena that are not stated in the substitute for the subpoena prescribed in Article 271-8, paragraph (1), item (ii), and".

③With regard to the application of Article 73, paragraphs (2) and (3) where a substitute for the detention warrant has been delivered pursuant to paragraph (1) (limited to the part pertaining to item (ii)), the phrase "said warrant" in paragraph (2) of that Article, the phrase "the subpoena or detention warrant" in paragraph (3) of that Article, and the phrase "the warrant" in the proviso of that paragraph are deemed to be replaced with "the substitute for the detention warrant prescribed in Article 271-8, paragraph (1), item (ii)", and the phrase "an outline of the facts of the charges to the defendant and" in that paragraph is deemed to be replaced with "an outline of the facts of the charges to the defendant by a method that does not disclose those particulars identifying an individual stated in the detention warrant that are not stated in the substitute for the detention warrant prescribed in Article 271-8, paragraph (1), item (ii), and".

④The presiding judge or a judge of the panel may, where a substitute for the detention warrant has been delivered pursuant to paragraph (1) (limited to the part pertaining to item (ii)) or where a substitute for the detention warrant has been delivered pursuant to Article 207-2, paragraph (2), if the presiding judge or that judge finds that, among the particulars identifying an individual stated in the detention warrant, those not stated in those substitutes for the detention warrant (excluding those that are to be notified by a ruling under Article 271-5, paragraph (1) or a judicial decision under Article 207-3, paragraph (1)) are those of a person set forth in Article 271-2, paragraph (1), item (i) or item (ii), and, after hearing the opinions of the public prosecutor and the defense counsel, finds it appropriate, state the case charged, when disclosing the grounds for detention, by a method that does not disclose those particulars identifying an individual.

⑤With regard to the application of Article 98 where a substitute for the detention warrant has been delivered pursuant to paragraph (1) (limited to the part pertaining to item (ii)) or where a substitute for the detention warrant has been delivered pursuant to Article 207-2, paragraph (2), the phrase "a transcript of the detention warrant" in Article 98, paragraph (1) is deemed to be replaced with "the substitute for the detention warrant prescribed in Article 271-8, paragraph (1), item (ii) or the substitute for the detention warrant prescribed in the main clause of Article 207-2, paragraph (2)".

⑥The provisions of the preceding paragraph apply mutatis mutandis to the application of the provisions of Article 98 as applied mutatis mutandis pursuant to Article 167-2, paragraph (2), in the case prescribed in that paragraph, where a substitute for the detention warrant has been delivered pursuant to paragraph (1) (limited to the part pertaining to item (ii)) or where a substitute for the detention warrant has been delivered pursuant to Article 207-2, paragraph (2).