When making a decision not to permit copying (limited to one relating to Article 11-2, item (ii), (c)), and a person specified in Article 17, paragraph (1), item (iv) has applied, as provided by Ministry of Justice Order, to copy the other electronic or magnetic record prescribed in Article 11-2, item (ii), (b), specifying that record, and the public prosecutor finds that the other electronic or magnetic record is not a covered electronic or magnetic record, the public prosecutor is to permit the copying of the other electronic or magnetic record.
Notwithstanding the provisions of the preceding paragraph, a public prosecutor may refrain from permitting the copying under the provisions of that paragraph if any of the following items applies.
when the person who made the application referred to in the preceding paragraph does not follow the public prosecutor's instructions concerning the copying under the provisions of that paragraph.
when copying is found to be difficult for technical reasons or other grounds.
技術的理由その他の事由により、複写をすることが困難であると認められるとき。
when, in addition to what is provided for in the preceding two items, the application referred to in the preceding paragraph is found to be an abuse of rights.
When a public prosecutor finds it necessary upon the person prescribed in paragraph (1) making the application under that paragraph, the public prosecutor is to give that person an opportunity to confirm the other electronic or magnetic record prescribed in Article 11-2, item (ii), (b).
The scope of the electronic or magnetic records to be copied under the provisions of paragraph (1) is to be determined in the decision not to permit copying.