①The court may, when it is necessary, seize articles of evidence or articles which it is considered should be confiscated; provided however, that this does not apply when so provided otherwise.

②If the article to be seized is a computer, and with regard to a recording medium connected via telecommunication lines to such computer, it may be reasonably supposed that such recording medium was used to retain electronic or magnetic records which have been made or altered using such computer (meaning records created in an electronic, magnetic or other form not recognizable by human perception and used for information processing by a computer; the same applies hereinafter), or electronic or magnetic records which can be altered or erased using such computer, the computer or other recording medium may be seized after such electronic or magnetic records have been copied onto such computer or other recording medium.

③The court may specify the articles to be seized and order the owner, possessor or custodian to submit them.

①The court may seize or order the submission of postal items, items of correspondence or documents sent by telegraph sent to or from the defendant which, based on the provisions of laws and regulations are held in the custody of or are in the possession of a person who handles communications.

②The postal items, items of correspondence or documents sent by telegraph which, based on the provisions of laws and regulations are held in the custody of or are in the possession of a person who handles communications, but are not subject to the preceding paragraph, may be seized or their submission ordered only when they can be reasonably supposed to be related to the case charged to the court.

③When the court has made the disposition in the preceding two paragraphs, the sender or recipient must be so notified; provided however, that this does not apply when there is a concern that such notification would obstruct court proceedings.

Articles which the defendant or another person has left behind or which the owner, possessor or custodian has submitted voluntarily may be retained.

①The court may, when it is necessary, search the body, articles, residence or any other place of the defendant.

②The body, articles, residence or any other place of a person other than the defendant may be searched only when it can be reasonably supposed that articles which should be seized exist.

①The court may, when it is necessary, issue an order to provide electronic or magnetic records (meaning an order to a person set forth in each of the following items to provide necessary electronic or magnetic records by the method prescribed in that item; the same applies hereinafter).

②An order to provide electronic or magnetic records is to be issued by specifying the electronic or magnetic records to be provided and the method of provision.

Articles retained or possessed by a government employee or an ex-government employee may not be seized without the consent of said employee's supervisory public agency, when said employee or the public agency asserts that the articles pertain to official confidential information; provided however, that the supervisory public agency may not refuse consent except where the seizure may harm important national interests.

①When the persons prescribed in the following items make an assertion as prescribed in the preceding Article, the articles may not be seized without the consent of the House with regard to the person prescribed in item (i), or the consent of the Cabinet with regard to the person prescribed in item (ii):

②In the cases prescribed in the preceding paragraph, the House of Representatives, the House of Councillors and the Cabinet may not refuse consent except where the seizure may harm important national interests.

A physician, dentist, midwife, nurse, attorney (including a foreign lawyer registered in Japan), patent attorney, notary public or a person engaged in a religious occupation, or any other person who was formerly engaged in any of these professions may refuse the seizure of articles containing the confidential information of others with which said person has been entrusted, and retains or possesses in the course of said person's duties; provided however, that this does not apply when the person in question has given consent, when the refusal is deemed to be an abuse of rights exclusively for the interests of the defendant (unless said person is the defendant), or where there exist other circumstances provided for by the Rules of Court.

The provisions of the preceding three Articles apply mutatis mutandis to the provision of electronic or magnetic records under an order to provide electronic or magnetic records (limited to an order for provision by the method set forth in Article 102-2, paragraph (1), item (i), (b)). In this case, the phrase "Articles retained or possessed" in Article 103 and the phrase "articles containing the confidential information of others with which said person has been entrusted, and retains or possesses" in the preceding Article are deemed to be replaced with "Electronic or magnetic records retained or otherwise authorized to be used" and "electronic or magnetic records containing the confidential information of others with which said person has been entrusted, and which said person retains or otherwise has the authority to use", respectively.

Seizures or searches outside of the court must be executed on the issuance of a seizure warrant or search warrant.

①Seizure warrants or search warrants must contain the name of the defendant, the charged offense, the articles to be seized, or the place, body or articles to be searched, the period of validity and a statement to the effect that after said period of validity expires searches or seizures may not be executed and said warrant must be returned, as well as the date of issue and other particulars prescribed in the Rules of Court; and the name and seal of the presiding judge must be affixed to said warrants.

②When making the disposition provided for in Article 99, paragraph (2), in addition to the particulars prescribed in the preceding paragraph, the seizure warrants set forth in the preceding paragraph must contain the range of recording medium from which the electronic or magnetic records are to be copied and which is connected via telecommunication lines to the computer to be seized.

③The provisions of Article 64, paragraph (2) apply mutatis mutandis to the seizure warrant or search warrant set forth in paragraph (1).

①The seizure warrant or search warrant is executed by a public prosecutor's assistant officer or a judicial police official under the direction of a public prosecutor; provided however, that when the court deems it necessary for the protection of the defendant, the presiding judge may order a court clerk or a judicial police official to execute said warrant.

②The court may, with regard to the execution of a seizure warrant or search warrant, give instructions in writing that it finds appropriate to the person who executes it.

③The instructions in the preceding paragraph may be given by a judge of a panel.

④The provisions of Article 71 apply mutatis mutandis to the execution of a seizure warrant or search warrant.

The public prosecutor's assistant officer or court clerk may, when it is necessary to execute a seizure warrant or search warrant, request a judicial police official for assistance.

The seizure warrant or search warrant must be shown to the person who is to be subject to said disposition.

If the article to be seized is a recording medium containing electronic or magnetic records, the person executing the seizure warrant may execute the measures prescribed in the following items in lieu of said seizure. The same applies to a seizure in court:

①In the execution of a seizure warrant or search warrant, necessary measures such as the unlocking or unsealing of relevant articles may be taken. The same applies to seizures or searches in court.

②The measures in the preceding paragraph may be taken regarding seized articles.

③When electronic or magnetic records have been provided under an order to provide electronic or magnetic records (limited to an order for provision by the method set forth in Article 102-2, paragraph (1), item (i), (b)), measures to confirm the content of those electronic or magnetic records and other necessary measures may be taken.

Where the article to be seized is a recording medium containing electronic or magnetic records, the person executing the search warrant or the seizure warrant may ask the person subject to the measure to operate the computer, or for some other form of cooperation. The same applies to a search or seizure in court.