Chapter II Obligations of Finders and Measures by Chiefs of Police Stations, etc.
第二章 拾得者の義務及び警察署長等の措置
Section 1 Obligations of Finders
第一節 拾得者の義務
第四条
A finder must promptly return the property of which the finder made a finding to the person who lost it or submit it to the chief of a police station; provided, however, that property that falls under things the possession of which is prohibited by laws and regulations and property that is recognized as having been in the possession of the perpetrator of a crime must be promptly submitted to the chief of a police station.
Notwithstanding the preceding paragraph, a finder (excluding the facility occupant of the facility concerned) who has made a finding of property (excluding buried things; the same applies in Section 3) in a facility must promptly deliver that property to the facility occupant of that facility.
The provisions of the preceding two paragraphs do not apply to a finder who has requested, under Article 35, paragraph (3) of the Act on Welfare and Management of Animals (Act No. 105 of 1973), the taking over of property that is a dog or cat prescribed in that paragraph.
Section 2 Measures by Chiefs of Police Stations, etc.
第二節 警察署長等の措置
第五条(書面の交付)
When the chief of a police station has received a submission under paragraph (1) of the preceding Article (referred to simply as "submission" in this Section), the chief is to issue to the finder, as provided by National Public Safety Commission Rules, a document certifying that the submission was received.
Article 6Return to the Person Who Lost
第六条(遺失者への返還)
The chief of a police station is to return the property received in a submission to the person who lost it.
第七条(公告等)
If the chief of a police station is unable to identify the person who lost the property received in a submission or is unable to ascertain that person's whereabouts, the chief must give public notice of the following matters:
The public notice under the preceding paragraph (referred to simply as "public notice" in this Section) is to be given by posting the matters listed in the items of that paragraph on the bulletin board of the police station.
The chief of a police station may, in lieu of the posting under the preceding paragraph, keep at the police station a document stating the matters listed in the items of paragraph (1) and allow persons concerned to inspect it freely at any time.
Even after giving public notice, the chief of a police station must continue the measures provided for in the preceding two paragraphs for three months from the date of the public notice (six months in the case of buried things), except where the person who lost the property has been identified.
If the property received in a submission by the chief of a police station is seized under the provisions of the Code of Criminal Procedure (Act No. 131 of 1948) before public notice is given, the chief may, notwithstanding the provisions of paragraph (1), refrain from giving public notice. In this case, when the chief has received the return of that property, the chief must give public notice.
If the property on which the chief of a police station of the prefectural police concerned has given public notice is valuable property specified by National Public Safety Commission Rules, the Superintendent General of the Metropolitan Police Department or the chief of the police headquarters of Hokkaido or of a prefecture (referred to as "Chief of Prefectural Police Headquarters") is to notify the other Chiefs of Prefectural Police Headquarters of the following matters:
particulars set forth under the items of paragraph (1) of the preceding Article;
前条第一項各号に掲げる事項
the date of the public notice;
公告の日付
the name and location of the police station concerned in the public notice.
公告に係る警察署の名称及び所在地
A Chief of Prefectural Police Headquarters is to publish, by use of the Internet or by other means, as provided by National Public Safety Commission Rules, information on property on which the chief of a police station of the prefectural police concerned has given public notice and property of which it has been notified by another Chief of Prefectural Police Headquarters under the provisions of the preceding paragraph.
第九条(売却等)
If the property received in a submission by the chief of a police station is liable to be lost or damaged, or its custody requires excessive expense or effort, the chief may sell it as provided by Cabinet Order; provided, however, that this does not apply to property that falls under any of the things listed in the items of Article 35.
In addition to what is provided for in the preceding paragraph, if the property received in a submission by the chief of a police station (excluding buried things and property that falls under any of the things listed in the items of Article 35) falls under any of the things listed in the following items, and the person who lost it is not identified within two weeks from the date of the public notice, the chief may sell it as provided by Cabinet Order:
umbrellas, clothing, bicycles and other things that are used in daily life and widely sold, as specified by Cabinet Order;
傘、衣類、自転車その他の日常生活の用に供され、かつ、広く販売されている物であって政令で定めるもの
things specified by Cabinet Order as requiring unreasonable expense or effort for their custody.
その保管に不相当な費用又は手数を要するものとして政令で定める物
The expenses required for a sale under the preceding two paragraphs (referred to simply as "sale" in this Article and the following Article) are to be paid out of the proceeds of the sale.
第十条(処分)
In the cases prescribed in the main clause of paragraph (1) or paragraph (2) of the preceding Article, the chief of a police station may, as provided by Cabinet Order, dispose of the property received in a submission, by destroying it or otherwise, in any of the following circumstances:
when the expected proceeds of the sale are recognized as less than the amount of the expenses required for the sale;
売却による代金の見込額が売却に要する費用の額に満たないと認められるとき。
when the case falls under the proviso to paragraph (1) of the preceding Article, or in any other case where the sale is recognized as impossible.
Article 11Measures upon Return
第十一条(返還時の措置)
When returning the property received in a submission by the chief of a police station to the person who lost it, the chief must, as provided by National Public Safety Commission Rules, confirm that the person is the person who lost that property, and return it in exchange for a receipt.
Only where the finder's consent has been given, the chief of a police station may, at the request of the person who lost the property, disclose the finder's name or title and address or location (referred to as "name, etc.").
The chief of a police station may, at the request of a finder who has given the consent under the preceding paragraph, disclose the name, etc. of the person who lost the property.
第十二条(照会)
When it is necessary for the return of the property received in a submission by the chief of a police station to the person who lost it, the chief may make an inquiry to a public office or a public or private organization and request a report on the necessary matters.
Section 3 Special Provisions for Cases of Finding in Facilities
第三節 施設における拾得の場合の特則
Article 13Obligations of Facility Occupants, etc.
第十三条(施設占有者の義務等)
A facility occupant who has received delivery under Article 4, paragraph (2) must promptly return the property so delivered to the person who lost it or submit it to the chief of a police station; provided, however, that property that falls under things the possession of which is prohibited by laws and regulations and property that is recognized as having been in the possession of the perpetrator of a crime must be promptly submitted to the chief of a police station.
The provisions of the preceding Section apply mutatis mutandis where the chief of a police station has received a submission under the preceding paragraph. In this case, the phrase "paragraph (1) of the preceding Article" in Article 5 is deemed to be replaced with "Article 13, paragraph (1)", the term "finder" in that Article with "facility occupant", the phrase "the finder's consent" in Article 11, paragraph (2) with "the consent of the finder or facility occupant", the phrase "the finder's name" in that paragraph with "the name of the finder or facility occupant who gave that consent", and the term "finder" in paragraph (3) of that Article with "finder or facility occupant".
第十四条(書面の交付)
A facility occupant who has received delivery under Article 4, paragraph (2) must, when the finder so requests, issue a document stating the following matters:
the name and location of the facility and the name of the facility occupant (for a corporation, its name and the name of its representative).
Article 15Points for Facility Occupants to Note
第十五条(施設占有者の留意事項)
With respect to property of which a facility occupant has received delivery under Article 4, paragraph (2) (referred to simply as "delivery" in the provisions through Article 34), the facility occupant must handle it with the care of a good manager until the occupant returns it to the person who lost it or submits it to the chief of a police station under Article 13, paragraph (1).
Article 16Notices in Facilities Used by an Unspecified and Large Number of Persons
第十六条(不特定かつ多数の者が利用する施設における掲示)
A facility occupant whose facility is used by an unspecified and large number of persons must, when the occupant has received delivery of property or has personally made a finding of property, post the matters listed in the items of Article 7, paragraph (1) in a place easily visible to persons using the facility.
The facility occupant referred to in the preceding paragraph may, in lieu of the posting under the preceding paragraph, keep at the place that the occupant manages a document stating the matters listed in the items of Article 7, paragraph (1) and allow persons concerned to inspect it freely at any time.
Article 17Exemption from Submission by Special-Case Facility Occupants
第十七条(特例施設占有者に係る提出の免除)
Among the facility occupants referred to in paragraph (1) of the preceding Article, one that receives delivery of, or personally makes a finding of, a large number of items of property and falls under a person specified by Cabinet Order as able to keep them appropriately (referred to as "special-case facility occupant") may, in the case where the property of which it has received delivery or has personally made a finding (excluding high-value property specified by Cabinet Order) cannot be returned to the person who lost it under the main clause of Article 4, paragraph (1) or the main clause of Article 13, paragraph (1), omit the submission under the main clause of Article 4, paragraph (1) or the main clause of Article 13, paragraph (1) if, within two weeks from the day of the delivery or finding, it has notified the chief of a police station of matters relating to that property as provided by National Public Safety Commission Rules. In this case, the special-case facility occupant must keep that property with the care of a good manager.
前条第一項の施設占有者のうち、交付を受け、又は自ら拾得をする物件が多数に上り、かつ、これを適切に保管することができる者として政令で定める者に該当するもの(以下「特例施設占有者」という。)は、交付を受け、又は自ら拾得をした物件(政令で定める高額な物件を除く。)を第四条第一項本文又は第十三条第一項本文の規定により遺失者に返還することができない場合において、交付又は拾得の日から二週間以内に、国家公安委員会規則で定めるところにより当該物件に関する事項を警察署長に届け出たときは、第四条第一項本文又は第十三条第一項本文の規定による提出をしないことができる。この場合において、特例施設占有者は、善良な管理者の注意をもって当該物件を保管しなければならない。
The provisions of Articles 7, 8 and 12 apply mutatis mutandis where the chief of a police station has received a notification under the first sentence of the preceding Article. In this case, the phrase "received in a submission" in Article 7, paragraphs (1) and (5) and Article 12 is deemed to be replaced with "received in a notification under the first sentence of Article 17", and the term "place" in Article 7, paragraph (1), item (ii) with "place, and the name or title of the special-case facility occupant who keeps that property under the second sentence of Article 17 and the place of that keeping".
Article 19Return to the Person Who Lost by Special-Case Facility Occupants
第十九条(特例施設占有者による遺失者への返還)
A special-case facility occupant is to return the property kept under the second sentence of Article 17 (referred to as "property in custody") to the person who lost it.
Article 20Sale, etc. by Special-Case Facility Occupants
第二十条(特例施設占有者による売却等)
If property in custody is liable to be lost or damaged, or its keeping requires excessive expense or effort, a special-case facility occupant may sell it as provided by Cabinet Order; provided, however, that this does not apply to property that falls under any of the things listed in the items of Article 35.
In addition to what is provided for in the preceding paragraph, if property in custody (excluding property that falls under any of the things listed in the items of Article 35) falls under any of the things listed in the items of Article 9, paragraph (2), and the person who lost it is not identified within two weeks from the date of the public notice under Article 7, paragraph (1) as applied mutatis mutandis under Article 18, a special-case facility occupant may sell it as provided by Cabinet Order.
When a special-case facility occupant intends to make a sale under the preceding two paragraphs (referred to simply as "sale" in this Article and paragraph (1) of the following Article), the occupant must so notify the chief of a police station as provided by National Public Safety Commission Rules.
Article 21Disposal by Special-Case Facility Occupants
第二十一条(特例施設占有者による処分)
In the cases prescribed in the main clause of paragraph (1) or paragraph (2) of the preceding Article, a special-case facility occupant may, as provided by Cabinet Order, dispose of property in custody by destroying it or otherwise, in any of the following circumstances:
when the expected proceeds of the sale are recognized as less than the amount of the expenses required for the sale;
売却による代金の見込額が売却に要する費用の額に満たないと認められるとき。
when the case falls under the proviso to paragraph (1) of the preceding Article, or in any other case where the sale is recognized as impossible.
When a special-case facility occupant intends to make a disposal under the preceding paragraph (excluding item (i)), the occupant must so notify the chief of a police station as provided by National Public Safety Commission Rules.
Article 22Measures upon Return by Special-Case Facility Occupants
第二十二条(特例施設占有者による返還時の措置)
When returning property in custody to the person who lost it, a special-case facility occupant must, as provided by National Public Safety Commission Rules, confirm that the person is the person who lost that property in custody, and return it in exchange for a receipt.
Only where the finder's consent has been given, a special-case facility occupant may, at the request of the person who lost the property, disclose the finder's name, etc.
A special-case facility occupant may, at the request of a finder who has given the consent referred to in the preceding paragraph, disclose the name, etc. of the person who lost the property.
Article 23Entries in Books by Special-Case Facility Occupants, etc.
第二十三条(特例施設占有者による帳簿の記載等)
A special-case facility occupant must, as provided by National Public Safety Commission Rules, keep a book, enter in it the matters specified by National Public Safety Commission Rules concerning property in custody, and preserve it.
Article 24Submission of Property in Custody by Special-Case Facility Occupants
第二十四条(特例施設占有者の保管物件の提出)
A special-case facility occupant that keeps property under the second sentence of Article 17 must, when it ceases to be a special-case facility occupant, without delay, submit the property in custody to the chief of a police station, attaching a copy of the book referred to in the preceding Article.
When a special-case facility occupant that keeps property under the second sentence of Article 17 comes to fall under any of the cases listed in the following items, the person specified in each of those items must, without delay, submit to the chief of a police station the property that the special-case facility occupant had kept under the second sentence of Article 17, attaching a copy of the book referred to in the preceding Article; provided, however, that this does not apply in the case listed in item (iii) where the corporation prescribed in that item that survives the merger or is incorporated as a result of the merger continues to be a special-case facility occupant.
when the person has died:A relative cohabiting with the deceased, or the statutory agent of the deceased; or
死亡した場合 同居の親族又は法定代理人
when a corporation has been dissolved for a reason other than a merger:A liquidator or a trustee in bankruptcy;
法人が合併以外の事由により解散した場合 清算人又は破産管財人
when the corporation has ceased to exist as a result of a merger:A representative of a corporation surviving the merger or incorporated as a result of the merger.
法人が合併により消滅した場合 合併後存続し、又は合併により設立された法人の代表者
第二十五条(報告等)
The Prefectural Public Safety Commission (hereinafter referred to as the "Public Safety Commission") may, to the extent necessary for the enforcement of this Act, request a facility occupant to make a report or submit materials concerning property that the facility occupant received by delivery or of which the facility occupant personally made a finding.
The Public Safety Commission may, to the extent necessary for the enforcement of this Act, request a special-case facility occupant to make a report or submit materials concerning property in custody, or to present property in custody.
第二十六条(指示)
If a facility occupant or special-case facility occupant, or its agent, employee or other worker (referred to as an "agent, etc." in the following paragraph), has violated Article 13, paragraph (1), Article 19, Article 22, paragraph (1), Article 23 or Article 37, paragraph (3), and the Public Safety Commission recognizes that there is a risk that the interests of the person who lost the property or the finder may be harmed, the Public Safety Commission may give necessary instructions to that facility occupant or special-case facility occupant, to the extent necessary to protect those interests.
The same applies as in the preceding paragraph where a special-case facility occupant or its agent, etc. has sold or disposed of, or attempted to sell or dispose of, property in custody in violation of Article 20, paragraphs (1) through (3) or Article 21.