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).