When the court is handling a case involving a crime prescribed in Article 21, paragraph (1), (2), (4) (excluding item (iv)), (5), or (6) or a crime prescribed in paragraph (1) of the preceding Article (excluding item (iii)), and the victim, the victim's legal representative, or the attorney entrusted by either of these persons files a petition to prevent the disclosure in open court of a matter that would identify all or part of the information constituting trade secrets related to the case, and the court finds it appropriate, after hearing the opinions of the accused or defense counsel, the court may rule that the matter will not be disclosed in open court and set the scope for this protection.
The petition referred to in the preceding paragraph must be submitted to the public prosecutor in advance. In this case, the public prosecutor is to notify the court of this, along with the prosecutor's opinion.
前項の申出は、あらかじめ、検察官にしなければならない。この場合において、検察官は、意見を付して、これを裁判所に通知するものとする。
If the court is handling a case prescribed in paragraph (1), and the public prosecutor, the accused, or defense counsel files a petition to prevent the disclosure in open court of a matter that would identify all or part of the information constituting trade secrets held by the accused or others, and, after hearing the opposing party's views, the court finds that the matter is indispensable as proof of the offence or for the defense of the accused, but that disclosing it in open court would significantly hinder the accused's or others' business activities based on trade secrets, and finds it appropriate, the court may rule that the matter will not be disclosed in open court and set the scope of this protection.
When the court has made a ruling as prescribed in paragraph (1) or the preceding paragraph (referred to as "protective ruling" below), and finds it necessary, after hearing the opinions of the public prosecutor and the accused or defense counsel, the court may, in a ruling, decide on a substitute name or other expression to be used in lieu of the name or other expression that identifies the matter allowing trade secrets to be identified ("matter allowing trade secrets to be identified" means any matter that identifies all or part of the information constituting trade secrets, which the court has decided not to disclose in open court pursuant to a protective ruling; the same applies below).
If the court has issued a protective ruling but later determines that it is inappropriate for the matter allowing trade secrets to be identified to remain undisclosed in open court, or if the case no longer falls under the provisions of paragraph (1) due to the withdrawal or alteration of applicable penal statutes pursuant to Article 312 of the Code of Criminal Procedure (Act No. 131 of 1948), the court must, in a ruling, rescind all or part of the protective ruling and the all or part of the ruling prescribed in the preceding paragraph regarding that protective ruling (referred to as "ruling on a naming, etc." below).
裁判所は、秘匿決定をした事件について、営業秘密構成情報特定事項を公開の法廷で明らかにしないことが相当でないと認めるに至ったとき、又は刑事訴訟法（昭和二十三年法律第百三十一号）第三百十二条の規定により罰条が撤回若しくは変更されたため第一項に規定する事件に該当しなくなったときは、決定で、秘匿決定の全部又は一部及び当該秘匿決定に係る前項の決定（以下「呼称等の決定」という。）の全部又は一部を取り消さなければならない。