Supplementary Provisions

This Act comes into effect as of the date specified by Cabinet Order within a period ending on March 31, 2027; provided, however, that the provisions set forth in the following items come into effect as of the dates specified respectively in those items.

①In the case where, before the date on which the provisions set forth in item (iii) of the preceding Article come into effect (referred to as the "item (iii) Effective Date" in the following paragraph and Article 15 of the Supplementary Provisions), an order relating to a seizure with a recording order (meaning a seizure with a recording order prescribed in Article 99-2 of the Code of Criminal Procedure Before the item (iii) Amendment; the same applies hereinafter in this Article) has been made under the provisions of the Code of Criminal Procedure as it was before amendment by the provisions of Article 1 (limited to the amending provisions set forth in that item) (hereinafter in this Article referred to as the "Code of Criminal Procedure Before the item (iii) Amendment"), the Juveniles Act as it was before amendment by the provisions of Article 5 (limited to the amending provisions set forth in that item) (referred to as the "Juveniles Act Before the item (iii) Amendment" in that paragraph), the Act on International Assistance in Investigations as it was before amendment by the provisions of Article 18 (limited to the amending provisions set forth in that item) (referred to as the "International Assistance in Investigation Act Before the item (iii) Amendment" in that paragraph), the Organized Crime Punishment Act as it was before amendment by the provisions of Article 23 (limited to the amending provisions set forth in that item) (referred to as the "Organized Crime Punishment Act Before the item (iii) Amendment" in that paragraph), or the Medical Care and Treatment Act as it was before amendment by the provisions of Article 27 (limited to the amending provisions set forth in that item) (referred to as the "Medical Care and Treatment Act Before the item (iii) Amendment" in that paragraph), the provisions then in force continue to govern with regard to that seizure with a recording order.

②In addition to what is provided for in the preceding paragraph, in the case where, before the item (iii) Effective Date, a warrant relating to a seizure with a recording order has been issued under the provisions of the Code of Criminal Procedure Before the item (iii) Amendment, the Juveniles Act Before the item (iii) Amendment, the International Assistance in Investigation Act Before the item (iii) Amendment, the Organized Crime Punishment Act Before the item (iii) Amendment or the Medical Care and Treatment Act Before the item (iii) Amendment, the provisions then in force continue to govern with regard to that seizure with a recording order.

②In specifying protection cases pursuant to the provisions of the preceding paragraph, the Supreme Court is to specify them appropriately so that their scope decreases progressively, in order to contribute to the stepwise and smooth promotion of the use of information and communications technology in procedures relating to protection cases.

Beyond what is provided for in these Supplementary Provisions, transitional measures necessary for the enforcement of this Act are specified by Cabinet Order.

In having electronic or magnetic records provided under an order to provide electronic or magnetic records (meaning an order to provide electronic or magnetic records prescribed in Article 102-2, paragraph (1) of the Code of Criminal Procedure as amended by the provisions of Article 1), or in seizing recording media relating to electronic or magnetic records, particular care must be taken, in light of the fact that the protection of personal information has become more important in a digital society, to avoid, to the extent possible, acquiring personal information that has no relevance to the case of the defendant or the suspected case.

In light of the importance for a defendant or a suspect (hereinafter referred to as the "accused, etc.") of receiving the assistance of defense counsel or of a person who intends to become defense counsel at the request of a person entitled to appoint defense counsel (in the case of a person who is not an attorney-at-law, limited to after the permission set forth in Article 31, paragraph (2) of the Code of Criminal Procedure has been granted) (hereinafter referred to as "counsel, etc."), the Government is to promote the necessary efforts concerning operational measures to enable communication by the transmission and reception of video and audio between an accused, etc. who is in physical custody and counsel, etc., in addition to interviews under the provisions of Article 39, paragraph (1) of the same Code, taking into account regional circumstances, giving consideration to ensuring confidentiality between the accused, etc. and counsel, etc., and making every effort to prevent misconduct and other such acts.