When a court examines electronic or magnetic records upon request from a public prosecutor, the defendant or the defense counsel, the presiding judge must, depending on the matters that are to constitute evidence, order the person who has made the request for the examination to read the content aloud, display it or play it back; provided, however, that the presiding judge may personally take these measures, or have an associate judge or a court clerk take them.
検察官、被告人又は弁護人の請求により、電磁的記録の取調べをするについては、裁判長は、証拠となる事項に応じ、その取調べを請求した者に、その内容を朗読させ、表示させ、又は再生させなければならない。ただし、裁判長は、自らこれらの措置をとり、又は陪席の裁判官若しくは裁判所書記官にこれらの措置をとらせることができる。
When a court examines electronic or magnetic records ex officio, the presiding judge must personally take the measures prescribed in the preceding paragraph, or have an associate judge or a court clerk take these measures.
The provisions of Article 305, paragraphs (3) and (4) apply mutatis mutandis to the measures under the preceding two paragraphs.
Read this with the articles around it
electronic or magnetic recordmachine translation
「電磁的記録」
A record made in electronic, magnetic or any other form people cannot perceive directly, for use in computer processing.
Defined inArticle 99, paragraph (2)
public prosecutor
検察官
The official who brings a prosecution (公訴) for a crime before a court (Code of Criminal Procedure, Article 247), and who may decide not to prosecute where, in view of the offender's character, age and circumstances, the gravity and circumstances of the offence and what happened after it, prosecution is not needed (Article 248). In criminal cases a public prosecutor asks the court to apply the law correctly and oversees the carrying out of its judgments; and, as the representative of the public interest, a public prosecutor also does the work other laws and regulations assign to a public prosecutor, which is not limited to criminal cases (Public Prosecutors Office Act, Article 4). A public prosecutor may investigate any crime (Article 6, paragraph (1)). Public prosecutors work through the public prosecutors offices (検察庁): the Supreme, High, District and Local Public Prosecutors Offices (Article 1).
Written by AI using Code of Criminal Procedure, Arts. 247, 248 and Public Prosecutors Office Act, Arts. 1, 4, 6 as a reference.