If it is necessary for conducting an investigation into violations, an immigration control officer may commission a person with relevant knowledge and experience to conduct an expert examination of retained articles, seized articles or articles seized with a recording order, or may commission interpretation or translation.
A person who has been commissioned to conduct an expert examination pursuant to the provisions of the preceding paragraph (referred to as an "expert" in paragraphs (4) and (5)) may destroy an object pertaining to the expert examination with permission from a judge of the district court or summary court with jurisdiction over the location of the office to which the immigration control officer set forth in the preceding paragraph belongs.
The request for the permission set forth in the preceding paragraph must be made by an immigration control officer.
If a request as set forth in the preceding paragraph is made and the judge finds the request to be reasonable, the judge must issue a permit stating the name of the suspect, the object to be destroyed, the name of the expert, the title and name of the person making the request, the validity period, a statement that the permit may not be executed after the expiration of the validity period and must be returned, the date of issuance and the name of the court, with the name and seal of the judge, and deliver it to the immigration control officer.
The expert must show the permit set forth in the preceding paragraph to the person subject to the disposition set forth in paragraph (2).
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immigration control officer
「入国警備官」
The immigration official provided for in Article 61-3-2, who investigates violations and detains, escorts and removes people, among other duties.
Defined inArticle 2, paragraph (1), item (xiii)· applies throughout the law
investigation into violations
「違反調査」
An investigation by an immigration control officer into a possible breach of the rules on foreign nationals' entry, landing or residence.
Defined inArticle 2, paragraph (1), item (xiv)· applies throughout the law
suspect
「容疑者」
A foreign national whom an immigration control officer believes falls under one of the grounds for deportation in Article 24, and who may therefore be investigated.
Short name set inArticle 27, paragraph (1)
expertmachine translation
「鑑定人」
A person with specialist knowledge asked by an immigration control officer (入国警備官) to give an expert opinion on an item impounded or seized in an investigation into violations (違反調査), who may destroy that item with a judge's permission.
Short name set inArticle 37-5, paragraph (2)· applies only in this provision and in Article 37-5, 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.