Cooperation under procedures of national law

Japan

Japan - Extradition Act 1953 EN

(Restrictions on extradition)

Article 2.

A fugitive shall not be surrendered in any of the following circumstances, provided that this shall not apply, in cases falling under items (3), (4), (8), or (9), when the treaty of extradition provides otherwise:


(1) When the offense for which extradition is requested is a political offense;

(2) When the request for extradition is deemed to have been made with a view to trying or punishing the fugitive for a political offense which he has committed;

(3) When the offense for which extradition is requested is not punishable by death, or by imprisonment for life or for a maximum term of three years or more by the laws, regulations or ordinances of the requesting country;

(4) When the act constituting the offense for which extradition is requested would not be punishable under the laws, regulations or ordinances of Japan by death or by imprisonment for life or for a maximum term of three years or more if the act were committed in Japan;

(5) When it is deemed that under the laws, regulations or ordinances of Japan it would be impossible to impose or to execute punishment upon the fugitive, if the act constituting the offense for which extradition is requested were committed in Japan, or if the trial therefor were held in a court of Japan;

(6) Except in the case of a fugitive who has been convicted of an offense for which extradition is requested by a court of the requesting country, when there is no probable cause to suspect that the fugitive has committed the act which constitutes an offense for which extradition is requested;

(7) When a criminal prosecution based on the act constituting an offense for which extradition is requested is pending in a Japanese court, or when a judgment in such a case has become final;

(8) When a criminal prosecution for an offense committed by the fugitive other than the offense for which extradition is requested is pending in a Japanese court, or when the fugitive has been sentenced to punishment by a Japanese court for such an offense and the execution of the sentence of the fugitive has not been completed or the sentence has yet to be non-executable;

(9) When the fugitive is a Japanese national.


(Steps taken by the Minister of Foreign Affairs upon receipt of a request for surrender)

Article 3.

When a request for surrender of a fugitive is made, the Minister of Foreign Affairs shall, except in any of the following circumstances, forward to the Minister of Justice the written request or a certificate which the Minister of Foreign Affairs has prepared stating that the request for extradition has been made, together with the related documents:

(1) When, in the case of a request which has been made pursuant to a treaty of extradition, it is deemed that the form of the request is not consistent with the requirements of the treaty of extradition;

(2) When, in the case of a request which has not been made pursuant to a treaty of extradition, the requesting country has not assured that it would honor a request of the same kind made by Japan.


(Steps taken by the Minister of Justice)

Article 4.

1. Upon receiving the documents concerning a request for extradition from the Minister of Foreign Affairs as provided for in Article 3, the Minister of Justice shall, except in any of the following circumstances, forward the related documents to the Superintending Prosecutor of the Tokyo High Public Prosecutors Office and order to apply to the Tokyo High Court for examination as to whether the case is one in which the fugitive can be surrendered:

(1) When it is deemed to be clearly not a case in which the fugitive can be surrendered;

(2) In the case of a treaty of extradition which provides that the determination as to whether the fugitive shall be surrendered is left to the discretion of Japan in a case falling under item (8) or (9) of Article 2, when the case clearly falls under one of these items and it is deemed to be inappropriate to surrender the fugitive;

(3) In addition to cases falling under item (2) above, when a case falls under a provision of a treaty of extradition which leaves the determination as to whether the fugitive shall be surrendered to the discretion of Japan and it is deemed to be inappropriate to surrender the fugitive;

(4) In the case of a request for surrender which is not made pursuant to a treaty of extradition, when it is deemed to be inappropriate to surrender the fugitive.

2. Before the Minister of Justice makes a finding as provided for in item (3) or (4) of paragraph l above, the Minister of Justice shall consult with the Minister of Foreign Affairs.


(Detention of fugitive)

Article 5.

1. Upon receiving an order from the Minister of Justice as provided for in paragraph 1 of Article 4, the Superintending Prosecutor of the Tokyo High Public Prosecutors Office shall, except when the fugitive is detained under a permit of provisional detention or except when the detention of the fugitive under a permit of provisional detention is suspended, cause a public prosecutor of the Tokyo High Public Prosecutors Office to detain the fugitive under a permit of detention which shall have been issued in advance by a judge of the Tokyo High Court. Provided that this provision shall not apply when the fugitive has a fixed residence and the Superintending Prosecutor of the Tokyo High Public Prosecutors Office deems that there is no apprehension that the fugitive will escape.

2. A permit of detention provided for in paragraph 1 above may be issued upon request of a public prosecutor of the Tokyo High Public Prosecutors Office.

3. The permit of detention shall contain the full name of the fugitive, the name of the offense for which extradition is requested, the name of the requesting country, the effective period of the permit, a statement that after the expiration of the effective period no detention may be commenced and the permit must be returned, and the date of issue of the permit, and shall bear the name and seal of the issuing judge.


Article 6.

1. A public prosecutor of the Tokyo High Public Prosecutors Office may cause a public prosecutor's assistant officer, a police officer, or a maritime safety officer or maritime safety sub-officer of the Maritime Safety Agency (hereinafter referred to as "public prosecutor's assistant officer, etc.") to take the fugitive into custody under the permit of detention provided for in Article 5.

2. When a fugitive is taken into custody under a permit of detention, the permit shall be shown to the fugitive.

3. When a public prosecutor's assistant officer, etc. takes a fugitive into custody under a permit of detention, the fugitive shall be brought to a public prosecutor of the Tokyo High Public Prosecutors
Office as promptly as is practicable.

4. The provisions of Article 71, paragraph 3 of Article 73, Article 74 and Article 126 of the Code of Criminal Procedure (Law No. 131 of 1948) shall apply mutatis mutandis to custody under a permit of detention.


Article 7

1. When a public prosecutor of the Tokyo High Public Prosecutors Office takes a fugitive into custody under a permit of detention, or receives a fugitive taken into custody under a permit of detention, the public prosecutor shall investigate the fugitive's identity immediately.

2. The public prosecutor of the Tokyo High Public Prosecutors Office, after establishing the identity of the fugitive, shall immediately inform the fugitive of the grounds for custody, designate the prison in which the fugitive is to be detained, and shall promptly and directly send the fugitive to that prison. In this case the provisions of paragraph 1 of Article 6 shall apply mutatis mutandis.


(Application for Examination)

Article 8.

1. A public prosecutor of the Tokyo High Public Prosecutors Office, when an order from the Minister of Justice provided for in paragraph l of Article 4 is made, shall, except when the whereabouts of the fugitive are unknown, promptly apply to the Tokyo High Court for an examination as to whether the case is one in which the fugitive can be surrendered. This application for examination shall be made within twenty-four hours after the public prosecutor of the Tokyo High Public Prosecutors Office takes the fugitive into custody under a permit of detention or receives the fugitive who was taken into custody under a permit of detention.

2. The application provided for in paragraph l above shall be made in writing, accompanied by the related documents.

3. When a public prosecutor of the Tokyo High Public Prosecutors Office makes the application provided for in paragraph l above, the public prosecutor shall forward to the fugitive a certified copy of the written application which is provided for in paragraph 2 above.


(Examination by the Tokyo High Court)

Article 9.

1. When the Tokyo High Court receives the application provided for in Article 8, it shall promptly begin its examination and render a decision. When the fugitive is detained under a permit of detention, the decision shall be rendered, at the latest, within two months from the day on which the fugitive was taken into custody.

2. The fugitive may obtain the assistance of counsel in relation to the examination provided for in paragraph 1 above.

3. Before rendering its decision, the Tokyo High Court shall give the fugitive and his/her counsel an opportunity to express their opinions, provided that this shall not apply in a case in which a decision is rendered in accordance with paragraph l, item (1) or (2) of Article 10.

4. The Tokyo High Court may, when it is necessary to carry out the examination provided for in paragraph l above, examine witnesses, order inquiry by an expert, and order interpretation or translation. In this case, the provisions of Chapters XI through XIII of Book I of the Code of Criminal Procedure and those of the laws, regulations and ordinances concerning expenses relating to criminal proceedings shall apply mutatis mutandis, insofar as their application does not conflict with the nature of the proceedings.


(Decision of the Tokyo High Court)

Article 10.

1. The Tokyo High Court shall, on the basis of the results of the examination provided for in paragraph 1 of Article 9, render its decision in the following manner:

(1) When the application for examination is not made in conformity with the requirements of the law, its decision to dismiss the application;
(2) When the case is one in which the fugitive cannot be surrendered, its decision to that effect;
(3) When the case is one in which the fugitive can be surrendered, its decision to that effect.

2. The decision provided for in paragraph 1 above shall take effect when a public prosecutor of the Tokyo High Public Prosecutors Office is notified as to its substance.

3. When the Tokyo High Court renders its decision as provided for in paragraph 1 above, the Tokyo High Court shall promptly serve a certified copy of the written decision to a public prosecutor of the Tokyo High Public Prosecutors Office and the fugitive respectively and return to the public prosecutor the related documents which the public prosecutor submitted.


(Rescission of the order for application for examination)

Article 11.

1. When, after forwarding the documents provided for in Article 3, the Minister of Foreign Affairs receives notification from the requesting country that it withdraws its request for extradition, or when the case has come under item (2) of Article 3, the Minister of Foreign Affairs shall immediately notify the Minister of Justice to that effect.

2. When, after the Minister of Justice has issued the order provided for in paragraph l of Article 4, the Minister of Justice receives from the Minister of Foreign Affairs the notification provided for in paragraph 1 above, or the case has fallen under any of the items of paragraph 1 of Article 4, the Minister of Justice shall immediately rescind the order and at the same time notify the fugitive to whom a certified copy of the application for examination provided for in paragraph 3 of Article 8 has been forwarded to that effect.

3. When an order for an application for examination is rescinded after the application for examination has been made, a public prosecutor of the Tokyo High Public Prosecutors Office shall promptly withdraw the application for examination.


(Release of fugitive)

Article 12.

When a decision is rendered in accordance with paragraph 1, item (1) or (2) of Article 10, or when an order for an application for examination is rescinded as provided for in Article 11, a public prosecutor of the Tokyo High Public Prosecutors Office shall immediately release the fugitive who is detained under a permit of detention.


(Submission of a certified copy of the written decision to the Minister of Justice)

Article 13.

When a public prosecutor of the Tokyo High Public Prosecutors Office is served with a certified copy of a written decision prepared as provided for in paragraph 3 of Article 10, the Superintending Prosecutor of the Tokyo High Public Prosecutors Office shall promptly submit the certified copy and the related documents, with his/her opinion attached, to the Minister of Justice.


(Order of the Minister of Justice concerning extradition, etc.)

Article 14.

1. When the Minister of Justice deems it to be appropriate to surrender the fugitive, in the case of a decision rendered as provided for in paragraph 1, item (3) of Article 10, the Minister shall order the Superintending Prosecutor of the Tokyo High Public Prosecutors Office to surrender the fugitive, and at the same time notify the fugitive to that effect; however, when the Minister deems it to be inappropriate to surrender the fugitive, the Minister shall immediately notify the Superintending Prosecutors of the Tokyo High Public Prosecutors Office and the fugitive to that effect, and at the same time order the Superintending Prosecutor of the Tokyo High Public Prosecutors Office to release the fugitive who is detained under a permit of detention.

2. When an order of release provided for in paragraph 1 above is made, or when an order of surrender provided for in paragraph l above is not made within ten days from the day on which a certified copy of the decision provided for in paragraph l, item (3) of Article 10 was served as provided for in paragraph 3 of Article 10, a public prosecutor of the Tokyo High Public Prosecutors Office shall immediately release the fugitive who is detained under a permit of detention.

3. After making notification as provided for in paragraph l above that the surrender of the fugitive is deemed to be inappropriate, the Minister of Justice may not order the surrender of the fugitive with respect to the request for extradition concerned. Provided that this shall not apply when the treaty of extradition provides otherwise than Article 2 with respect to cases falling under item (8), and the case has ceased to fall under item (8) of Article 2 after a notification was made that the surrender of the fugitive was deemed to be inappropriate because the case fell under item (8) of Article 2.


(Place and time limit of surrender)

Article 15.

The place where a fugitive is to be surrendered under the order of surrender provided for in paragraph 1 of Article 14 shall be the prison in which the fugitive is detained under a permit of detention; the time limit of the surrender shall be the thirtieth day as counted from the day after the day on which the order of surrender was issued. Provided that when the fugitive is not detained on the day on which the order of surrender is issued, the place of surrender shall be the prison in which the fugitive is to be detained under a notice of detention, or the prison in which the fugitive was detained prior to the suspension of detention, and the time limit of surrender shall be the thirtieth day as counted from the day after the day on which the fugitive is taken into custody under the notice of detention or the day on which he is taken into custody due to the revocation of the suspension of detention.


(Steps taken relating to surrender)

Article 16.

1. The order of surrender provided for in paragraph l of Article 14 shall be carried out by the issuance of a notice of surrender.

2. The notice of surrender shall be delivered to the Superintending Prosecutor of the Tokyo High Public Prosecutors Office.

3. Upon issuing the notice of surrender, the Minister of Justice shall forward a permit of custody to the Minister of Foreign Affairs.

4. The notice of surrender and the permit of custody shall each contain the full name of the fugitive, the name of the offense for which extradition is requested, the name of the requesting country, the place of surrender, the time limit of surrender, and the date of issue, and shall bear the name and seal of the Minister of Justice.


Article 17.

1. When the Superintending Prosecutor of the Tokyo High Public Prosecutors Office receives a notice of surrender from the Minister of Justice and the fugitive is detained under a permit of detention or such detention has been suspended, the Superintending Prosecutor of the Tokyo High Public Prosecutors Office shall deliver the notice of surrender to the warden of the prison in which the fugitive is or was detained until the suspension of the detention and order the warden to surrender the fugitive.

2. Except in cases provided for in paragraph l above, the Superintending Prosecutor of the Tokyo High Public Prosecutors Office shall, upon receiving a notice of surrender from the Minister of Justice, cause a public prosecutor of the Tokyo High Public Prosecutors Office to detain the fugitive under a notice of detention.

3. The notice of detention provided for in paragraph 2 above shall be issued by a public prosecutor of the Tokyo High Public Prosecutors Office.

4. The provisions of Articles 6 and 7 shall apply mutatis mutandis to the custody of a fugitive under a notice of detention.

5. When a fugitive taken into custody under a notice of detention is committed to the prison in which
the fugitive is to be detained, the Superintending Prosecutor of the Tokyo High Public Prosecutors
Office shall promptly deliver the notice of surrender to the warden of that prison, order the warden to surrender the fugitive, and report to that effect, and the date on which the fugitive was taken into custody, to the Minister of Justice.


Article 18.

Upon receiving the report provided for in paragraph 5 of Article 17, or in paragraph 6 of Article 22, from the Superintending Prosecutor of the Tokyo High Public Prosecutors Office, the Minister of Justice shall immediately notify the Minister of Foreign Affairs that the fugitive has been detained at the place where the fugitive is to be surrendered and of the time limit of surrender.


Article 19.

1. Upon receiving the permit of custody provided for in paragraph 3 of Article 16, the Minister of Foreign Affairs shall immediately forward the same to the requesting country.

2. Upon receiving the notification provided for in Article 18, the Minister of Foreign Affairs shall immediately notify the requesting country of its contents.


Article 20.

1. After receiving the order to surrender a fugitive as provided for in paragraph l or 5 of Article 17, the warden of the prison shall surrender the fugitive to the authorities of the requesting country when those authorities show the permit of custody to the warden and request him/her to surrender the fugitive.

2. When the request for surrender provided for in paragraph l above is not made within the time limit of surrender, the warden of the prison shall release the fugitive and report to that effect to the Superintending Prosecutor of the Tokyo High Public Prosecutors Office.


(Escort of the fugitive by the authorities of the requesting country)

Article 21.

Upon receiving a fugitive surrendered as provided for in paragraph 1 of Article 20, the authorities of the requesting country shall promptly escort the fugitive to the requesting country.


(Suspension of detention)

Article 22.

1. A public prosecutor of the Tokyo High Public Prosecutors Office may, when the public prosecutor deems it to be necessary, suspend the detention of a fugitive detained under a permit of detention, placing the fugitive in the custody of his/her relative or some other person, or otherwise restricting the residence of the fugitive.

2. A public prosecutor of the Tokyo High Public Prosecutors Office may, at any time the prosecutor deems it to be necessary, revoke the suspension of detention. When a notice of surrender is delivered to the Superintending Prosecutor of the Tokyo High Public Prosecutors Office from the Minister of Justice as provided for in paragraph 1 of Article 17, a public prosecutor of the Tokyo High Public Prosecutors Office shall revoke the suspension of detention.

3. When a public prosecutor of the Tokyo High Public Prosecutors Office revokes the suspension of detention as provided for in paragraph 2 above, the public prosecutor may cause a public prosecutor's assistant officer, etc. to take the fugitive into custody.

4. Custody under paragraph 3 above shall be carried out by bringing the fugitive to the prison in which the fugitive is to be detained after showing to the fugitive a certified copy of the permit of detention and a written statement prepared by a public prosecutor of the Tokyo High Public Prosecutors Office stating that the suspension of detention has been revoked.

5. Notwithstanding the provisions of paragraph 4 above, when the executing official is not in possession of the documents provided for in paragraph 4 above and thus cannot show them to the fugitive, the executing official may, in an urgent case, bring the fugitive to the prison in which the fugitive is to be detained after telling the fugitive that the suspension of detention has been revoked, provided that the documents shall be shown to the fugitive as promptly as is practicable.

6. When the suspension of detention is revoked as provided for in the latter part of paragraph 2 above and the fugitive is committed to the prison in which the fugitive is to be detained, the Superintending Prosecutor of the Tokyo High Public Prosecutors Office shall promptly report to that effect, and the date on which the fugitive was taken into custody, to the Minister of Justice.

7. In any of the following circumstances, a detention which has been suspended shall lose its validity:

(1) When a certified copy of the decision of the court provided for in paragraph l, item (1) or (2) of Article 10 is served upon the fugitive;
(2) When the notification provided for in paragraph 2 of Article 11 is given to the fugitive;
(3) When the fugitive is notified by the Minister of Justice as provided for in paragraph l of Article 14, that the surrender of the fugitive is deemed to be inappropriate.


(Request concerning provisional detention, etc.)

Article 23.

1. When the Minister of Foreign Affairs receives a request pursuant to a treaty of extradition from a contracting country for the provisional detention of an offender whose surrender by Japan may be requested under the treaty of extradition, for an offense (for which the contracting country may request the offender's surrender by Japan under the treaty of extradition), the Minister of Foreign Affairs shall, except in any of the following circumstances, forward to the Minister of Justice a certificate stating that the request for provisional detention has been made, together with the related documents:

(1) When there has been no notification either that a warrant has been issued for the arrest of the person concerned or that a sentence has been imposed on that person;
(2) When there has been no assurance that a request for the extradition of the person concerned will be made.

2. When a request for the provisional detention of an offender is not made pursuant to a treaty of extradition, paragraph l above shall apply only if the requesting country has assured that it would honor a request of the same kind made by Japan.


(Steps taken concerning provisional detention)

Article 24

When the Minister of Justice receives the documents provided for in Article 23 and deems it to be
appropriate to provisionally detain the offender concerned, the Minister shall order the Superintending
Prosecutor of the Tokyo High Public Prosecutors Office to provisionally detain the offender concerned.


Article 25.

1. The Superintending Prosecutor of the Tokyo High Public Prosecutors Office shall, upon receiving the order from the Minister of Justice provided for in Article 24, cause a public prosecutor of the Tokyo High Public Prosecutors Office to detain the offender conceded under a permit of provisional detention which is to be issued in advance by a judge of the Tokyo High Court.

2. The provisions of paragraphs 2 and 3 of Article 5, Article 6 and Article 7 shall apply mutatis mutandis to detention under a permit of provisional detention.


Article 26

1. When the Minister of Justice, after receiving from the Minister of Foreign Affairs, as provided for in Article 3, the documents concerning a request for the surrender of an offender who is detained under a permit of provisional detention, does not issue the order provided for in paragraph 1 of Artlcle 4 because the case falls under any of the items contained in that paragraph, the Minister of Justice shall notify the Superintending Prosecutor of the Tokyo High Public Prosecutors Office and the offender concerned to that effect and order the Superintending Prosecutor of the Tokyo High Public Prosecutors Office to release the offender concerned.

2. When an order of release provided for in paragraph l above is issued, a public prosecutor of the Tokyo High Public Prosecutors Office shall immediately release the offender concerned.


Article 27

1. When the Superintending Prosecutor of the Tokyo High Public Prosecutors Office receives an order from the Minister of Justice as provided for in paragraph 1 of Article 4 concerning an offender for whom a permit of provisional detention has been issued, the Superintending prosecutor shall immediately cause a public prosecutor of the Tokyo High Public Prosecutors Office to notify the offender concerned that the request for surrender has been made.

2. The notification provided for in paragraph l above shall be carried out by communicating to the warden of the prison if the offender concerned is detained under a permit of provisional detention, or by forwarding a written notification to the offender concerned if the offender is not detained.

3. When the notification provided for in paragraph 1 above is made to an offender who is detained under a permit of provisional detention, such detention shall be deemed to be detention under a permit of detention; for the purposes of applying paragraph 1 of Article 8, it shall be deemed that a public prosecutor of the Tokyo High Public Prosecutors Office has taken the fugitive into custody under a permit of detention at the time of this notification.


Article 28.

1. When the Minister of Foreign Affairs is notified by a foreign country which requested provisional detention that no request for surrender of the offender concerned will be made, after forwarding the documents provided for in Article 23, the Minister of Foreign Affairs shall immediately notify the Minister of Justice to that effect.

2. When the Minister of Justice receives the notification provided for in paragraph 1 above, he/she shall immediately notify the Superintending Prosecutor of the Tokyo High Public Prosecutors Office and the offender concerned to that effect, and at the same time shall order the Superintending Prosecutor of the Tokyo High Public Prosecutors Office to release the offender concerned.

3. When an order of release provided for in paragraph 2 above is issued, a public prosecutor of the Tokyo High Public Prosecutors Office shall immediately release the offender concerned.


Article 29.

When the warden of a prison does not receive, with respect to an offender who is detained under a permit of provisional detention, the notification provided for in paragraph 2 of Article 27 within two months (or within a period of less than two months if the treaty of extradition so provides) from the day on which the offender was taken into custody, the warden shall release the offender concerned and report to that effect to the Superintending Prosecutor of the Tokyo High Public Prosecutors Office.


Article 30.

1. The provisions of paragraphs 1 to 5 of Article 22 shall apply mutatis mutandis to detention under a permit of provisional detention.

2. In the case of a detention under a permit of provisional detention which is suspended as provided for in paragraph 1 of Article 22, which has been applied mutatis mutandis pursuant to paragraph l above, when the offender concerned is notified as provided for in paragraph l of Article 27, the suspension of detention under the permit of provisional detention shall be deemed to be the suspension of detention provided for in paragraph l of Article 22.

3. In the case of a detention under a permit of provisional detention which is suspended as provided for in paragraph l of Article 22, which has been applied mutatis mutandis pursuant to paragraph 1 above, the suspended detention under a permit of provisional detention shall lose its validity in any of the following circumstances:

(1) When the notification provided for in paragraph l of Article 26, or in paragraph 2 of Article 28 is made to the offender concerned;
(2) When the notification provided for in paragraph l of Article 27 is not made to the offender concerned within two months (or within a period of less than two months if the treaty of extradition so provides) from the day on which the offender concerned was taken into custody under a permit of provisional detention.


(Rules of the Supreme Court)

Article 31.

Besides the provisions of this Law, the necessary procedural rules concerning examinations by the Tokyo High Court and concerning the issuance of permits of detention or of provisional detention shall be determined by the Supreme Court.


(Exception to the jurisdictional area of the Tokyo High Court)

Article 32.

Notwithstanding the provisions of the Law for the Establishment of Inferior Courts and their Territorial Jurisdiction (Law No. 63 of 1947), there shall be no provision limiting the jurisdictional area of the Tokyo High Court in relation to the performance of the duties of the Tokyo High Court or its judges, or to that of the public prosecutors of the Tokyo High Public Prosecutors Office, which are undertaken pursuant to this Law.


(Request for extradition relating to an offense committed prior to the entry into force of a treaty of extradition)

Article 33.

When a new treaty of extradition is concluded between Japan and a foreign country, the provisions of this Law concerning a request for surrender pursuant to a treaty of extradition shall also apply to a request for surrender which is made after the entry into force of the treaty, for an offense committed prior to the entry into force of the treaty, except if there are provisions in the treaty to the effect that the contracting country may not request that Japan surrender an offender for an offense committed prior to the entry into force of the treaty concerned.


(Steps taken by the Minister of Justice concerning the approval of transportation of a person surrendered)

Article 34.

1. The Minister of Justice, upon a request made by a foreign country through the diplomatic channel, may give approval to transport through the territory of Japan a person surrendered to that country by another foreign country, except in any of the following circumstances:

(1) When the act which has given rise to the extradition of the person with whom the request is concerned would not constitute an offense under Japanese laws, regulations or ordinances if the act were committed in Japan;
(2) When the offense which has given rise to the extradition of the person with whom the request is concerned is a political offense or when the request for the extradition concerned is deemed to have been made with a view to trying or punishing the person surrendered for a political offense;
(3) When the request has not been made pursuant to a treaty of extradition and the person with whom the request is concerned is a Japanese national.

2. The Minister of Justice shall consult with the Minister of Foreign Affairs before deciding whether to give the approval provided for in paragraph 1 above.


(Exceptions for the application of the Administrative Procedure Law, etc.)

Article 35.

1. With respect to a disposition undertaken pursuant to this Law, the provisions of Chapter 3 of the Administrative Procedure Law (Law No. 88 of 1993) shall not apply.

2. With respect to a lawsuit (which means a lawsuit provided for in paragraph 1 of Article 3 of the Administrative Case Litigation Law (Law No. 139 of 1962)) concerning a disposition (which means a disposition provided for in paragraph 2 of Article 3) or a decision (which means a decision provided for in paragraph 3 of Article 3) undertaken pursuant to this Law, the provisions of paragraphs 4 and 5 of Article 12 of the Administrative Case Litigation Law (including where these paragraphs are applied mutatis mutandis pursuant to paragraph 1 of Article 38 of that law) shall not apply.

Japan - ICC Cooperation Act 2007 EN

Chapter II Cooperation with the ICC Section 1 General Rules

(Acceptance of Requests for Cooperation, etc.)
Article 3 The following administrative affairs concerning cooperation with the ICC shall be carried out by the Minister of Foreign Affairs:

(i) acceptance of requests for cooperation from the ICC;
(ii) consultation with the ICC and reports that should be made thereto; and
(iii) sending of evidence to the ICC, and delivery of property and notification of the results of the service of documents in connection with the enforcement of a final judgment for a fine, forfeiture, or reparations order, to the ICC.


(Measures to Be Taken by the Minister of Foreign Affairs)
Article 4 Upon accepting a request for cooperation from the ICC, the Minister of Foreign Affairs shall, except where he/she finds that the form of the relevant request does not comply with the Statute, send the written request for cooperation issued by the ICC or documents prepared by the Minister of Foreign Affairs that certify that a request for cooperation has been made to the Minister of Justice, together with any relevant documents and with his/her opinion attached thereto.


(Consultation with the ICC)
Article 5 (1) The Minister of Foreign Affairs shall consult with the ICC, as necessary, with regard to cooperation with the ICC.

(2) When the Minister of Justice finds it necessary to consult with the ICC with regard to cooperation with the ICC, he/she shall request the Minister of Foreign Affairs to seek consultation under the provisions of the preceding paragraph.


Section 2 Provision of Evidence, etc.

Subsection 1 Provision of Evidence

(Measures by the Minister of Justice)
Article 6 (1) Where the Minister of Justice has received documents sent by the Minister of Foreign Affairs pursuant to the provisions of Article 4 concerning a request for cooperation through provision of evidence, when the case does not fall under any of the following items, the Minister of Justice shall take the measures prescribed in the following paragraph or paragraph (3):

(i) when the request for cooperation competes with a request for assistance as prescribed in Article 1, item (i) of the Act on International Assistance in Investigations and Other Related Matters (Act No. 69 of 1980) (hereinafter referred to as "Investigation Assistance" in this item and Article 39, paragraph (1), item (ii)) and, where it is possible to give priority to such request for assistance pursuant to the provisions of the Statute, when the Minister of Justice finds it reasonable to provide said Investigation Assistance;
(ii) when complying with the request for cooperation would result in a breach of any of the obligations under international law prescribed in article 98, paragraph 1 of the Statute;
(iii) when complying with the request for cooperation would prejudice Japan's national security;
(iv) where the offense underlying the cooperation request is an offense prescribed in article 70, paragraph 1 of the Statute, when the act constituting the offense for which assistance is requested would not constitute a crime under the laws and regulations of Japan were it to have been carried out in Japan;
(v) when complying with the request for cooperation would risk obstructing an investigation or trial in a case that is connected with a crime other than the offense underlying the cooperation request, and that is being investigated by a Japanese public prosecutor, public prosecutor's assistant officer, or judicial police official or is pending before a Japanese court, and the Minister of Justice finds it unreasonable to immediately comply with said request; or
(vi) when there are other justifiable grounds for not immediately complying with the request for cooperation.

(2) The measures by the Minister of Justice pursuant to the provisions of the preceding paragraph shall be the measures under any of the following items, except in the case prescribed in the following paragraph:

(i) sending the relevant documents to the Chief Prosecutor of the appropriate District Public Prosecutor's Office and ordering the collection of evidence that is necessary for cooperation through provision of evidence;
(ii) sending documents concerning a request for cooperation through provision of evidence to the National Public Safety Commission; or
(iii) sending documents concerning a request for cooperation through provision of evidence to the Commandant of the Japan Coast Guard or to the head of any other national agency to which persons prescribed in Article 190 of the Code of Criminal Procedure (Act No. 131 of 1948) who are to exercise the functions of judicial police officials belong.

(3) When the request for cooperation prescribed in paragraph (1) pertains to the provision of documents that are connected with a legal action and that are being retained by a court, a public prosecutor, or a judicial police officer, the Minister of Justice shall send the custodian of such documents the documents concerning the request for cooperation.

(4) When the Minister of Justice finds it necessary in order to take the measures prescribed in the preceding two paragraphs or in order to take other measures concerning cooperation through provision of evidence, he/she may conduct an inquiry into the whereabouts of the person concerned and other necessary matters.


(Measures by the National Public Safety Commission)
Article 7 Upon receiving documents sent under paragraph (2), item (ii) of the preceding Article, the National Public Safety Commission shall send the relevant documents to the appropriate prefectural police headquarters, and shall instruct that headquarters to collect the evidence necessary for cooperation through provision of evidence.

Chapter II Cooperation with the International Criminal Court

Section 2 Provision of Evidence, etc.

Subsection 1 Provision of Evidence

(Measures by the Minister of Justice)
Article 6 (1) Where the Minister of Justice has received documents sent by the Minister of Foreign Affairs pursuant to the provisions of Article 4 concerning a request for cooperation through provision of evidence, when the case does not fall under any of the following items, the Minister of Justice shall take the measures prescribed in the following paragraph or paragraph (3):

(i) when the request for cooperation competes with a request for assistance as prescribed in Article 1, item (i) of the Act on International Assistance in Investigations and Other Related Matters (Act No. 69 of 1980) (hereinafter referred to as "Investigation Assistance" in this item and Article 39, paragraph (1), item (ii)) and, where it is possible to give priority to such request for assistance pursuant to the provisions of the Statute, when the Minister of Justice finds it reasonable to provide said Investigation Assistance;
(ii) when complying with the request for cooperation would result in a breach of any of the obligations under international law prescribed in article 98, paragraph 1 of the Statute;
(iii) when complying with the request for cooperation would prejudice Japan's national security;
(iv) where the offense underlying the cooperation request is an offense prescribed in article 70, paragraph 1 of the Statute, when the act constituting the offense for which assistance is requested would not constitute a crime under the laws and regulations of Japan were it to have been carried out in Japan;
(v) when complying with the request for cooperation would risk obstructing an investigation or trial in a case that is connected with a crime other than the offense underlying the cooperation request, and that is being investigated by a Japanese public prosecutor, public prosecutor's assistant officer, or judicial police official or is pending before a Japanese court, and the Minister of Justice finds it unreasonable to immediately comply with said request; or
(vi) when there are other justifiable grounds for not immediately complying with the request for cooperation.

(2) The measures by the Minister of Justice pursuant to the provisions of the preceding paragraph shall be the measures under any of the following items, except in the case prescribed in the following paragraph:

(i) sending the relevant documents to the Chief Prosecutor of the appropriate District Public Prosecutor's Office and ordering the collection of evidence that is necessary for cooperation through provision of evidence;
(ii) sending documents concerning a request for cooperation through provision of evidence to the National Public Safety Commission; or
(iii) sending documents concerning a request for cooperation through provision of evidence to the Commandant of the Japan Coast Guard or to the head of any other national agency to which persons prescribed in Article 190 of the Code of Criminal Procedure (Act No. 131 of 1948) who are to exercise the functions of judicial police officials belong.

(3) When the request for cooperation prescribed in paragraph (1) pertains to the provision of documents that are connected with a legal action and that are being retained by a court, a public prosecutor, or a judicial police officer, the Minister of Justice shall send the custodian of such documents the documents concerning the request for cooperation.

(4) When the Minister of Justice finds it necessary in order to take the measures prescribed in the preceding two paragraphs or in order to take other measures concerning cooperation through provision of evidence, he/she may conduct an inquiry into the whereabouts of the person concerned and other necessary matters.


(Measures by the National Public Safety Commission)
Article 7 Upon receiving documents sent under paragraph (2), item (ii) of the preceding Article, the National Public Safety Commission shall send the relevant documents to the appropriate prefectural police headquarters, and shall instruct that headquarters to collect the evidence necessary for cooperation through provision of evidence.


(Implementation of Cooperation)
Article 8 The provisions of Articles 7, 8, 10, 12, and 13 of the Act on International Assistance in Investigations and Other Related Matters shall apply mutatis mutandis to cooperation through provision of evidence based on a request set forth in Article 6, paragraph (1). In this case, the term "Article 5, paragraph (1), item (i)" in Article 7, paragraph (1) of said Act shall be deemed to be replaced with "Article 6, paragraph (2), item (i) of the Act on Cooperation with the International Criminal Court (Act No. 37 of 2007)," the term "the preceding Article" in paragraph (2) of said Article shall be deemed to be replaced with "Article 7 of the Act on Cooperation with the International Criminal Court," the term "Article 5, paragraph (1), item (iii)" in paragraph (3) of said Article shall be deemed to be replaced with "Article 6, paragraph (2), item (iii) of the Act on Cooperation with the International Criminal Court," and the phrase "specifically provided for in this Act" in Article 13 of said Act shall be deemed to be replaced with "provided for in Articles 8, 10, and 12 as applied mutatis mutandis pursuant to Article 8 of the Act on Cooperation with the International Criminal Court."


(Penal Provisions on the Submission of False Certificates)
Article 9 (1) When a person who has been requested to submit a certificate under the provisions of Article 8, paragraph (3) of the Act on International Assistance in Investigations and Other Related Matters as applied mutatis mutandis pursuant to the preceding Article has submitted a false certificate, he/she shall be punished by imprisonment with work for up to one year or a fine of up to 500,000 yen.

(2) The provisions of the preceding paragraph shall not apply if the act
constitutes a crime under the Penal Code (Act No. 45 of 1907) or under Chapter IV.


(Measures Upon Completion of a Disposition, etc.)
Article 10 (1) When the Chief Prosecutor has completed the collection of evidence that is necessary for cooperation through provision of evidence, he/she shall promptly send the collected evidence to the Minister of Justice, with his/her opinion attached thereto. The same shall apply when the head of a national agency provided for in Article 6, paragraph (2), item (iii) has completed the collection of evidence that is necessary for cooperation.

(2) When the Superintendent General of the Metropolitan Police Department or the chief of the Prefectural Police Headquarters has completed the collection of evidence that is necessary for cooperation, the Prefectural Public Safety Commission shall promptly send the collected evidence to the National Public Safety Commission, with its opinion attached thereto.

(3) When the National Public Safety Commission has received the evidence sent thereto under the preceding paragraph, it shall promptly send the same to the Minister of Justice, with its opinion attached thereto.

(4) A custodian of documents that are connected with a legal action who has received documents concerning a request for cooperation through provision of evidence sent thereto pursuant to the provisions of Article 6, paragraph (3), shall promptly send the relevant documents in his/her custody or certified copies thereof to the Minister of Justice, with his/her opinion attached thereto; provided, however, that when he/she finds it difficult to immediately send the same, he/she shall promptly notify the Minister of Justice to that effect.


(Conditions for the Provision of Evidence)
Article 11 Where the Minister of Justice will provide the ICC with evidence that has been sent thereto pursuant to the provisions of paragraph (1), (3) or (4) of the preceding Article, when he/she finds it necessary, he/she shall set conditions concerning the use or return of said evidence.


(Notification of Non-cooperation)
Article 12 After taking measures under the provisions of Article 6, paragraph (2), item (ii) or (iii) or paragraph (3) of said Article, when the Minister of Justice finds that the case falls under any of the provisions of paragraph (1), items (i) through (iv) of said Article and decides not to cooperate through provision of evidence, he/she shall notify the person who received the documents that were sent concerning the request for cooperation through provision of evidence to that effect without delay.


(Consultation with the Minister of Foreign Affairs, etc.)
Article 13 (1) The Minister of Justice shall consult with the Minister of Foreign Affairs in advance in a case that falls under any of the following items:

(i) when deciding not to cooperate through provision of evidence, on the basis that the case falls under any of the provisions of Article 6, paragraph (1), items (i) through (iii);
(ii) when postponing cooperation through provision of evidence, on the basis that the case falls under either of the provisions of Article 6, paragraph (1), item (v) or (vi); or
(iii) when setting the conditions set forth in Article 11.

(2) The provisions of Article 16, paragraph (2) of the Act on International Assistance in Investigations and Other Related Matters shall apply mutatis mutandis to where the Minister of Justice decides to take the measures set forth in any of the items of Article 6, paragraph (2) with regard to a request for cooperation through provision of evidence.

Chapter II Cooperation with the International Criminal Court

Section 2 Provision of Evidence, etc.

Subsection 2 Judicial Examination of Evidence and Service of Documents

(Measures by the Minister of Justice)
Article 14 Where the Minister of Justice has received documents sent by the Minister of Foreign Affairs pursuant to the provisions of Article 4 concerning a request for cooperation through a judicial examination of evidence or the service of documents, when the case does not fall under any of the items of Article 6, paragraph (1), the Minister of Justice shall sent the documents concerning said request for cooperation to the appropriate district court.


(Measures by the Court, etc.)
Article 15 (1) The provisions of Article 1, paragraph (2), Article 1-2, paragraph (1) (excluding items (i), (v), and (vi)), and Articles 2 and 3 of the Act on Assistance Based on Commission by Foreign Courts (Act No. 63 of 1905) shall apply mutatis mutandis to cooperation through a judicial examination of evidence or the service of documents.

(2) When the district court provided for in the preceding Article has completed the judicial examination of evidence or the service of documents, it shall promptly send the evidence obtained through the judicial examination of evidence to the Minister of Justice or notify him/her of the results of the service of documents.


(Mutatis Mutandis Application)
Article 16 The provisions of Article 12 and Article 13, paragraph (1) (excluding item (iii)) shall apply mutatis mutandis to where the Minister of Justice has taken measures related to cooperation through a judicial examination of evidence or the service of documents under the provisions of Article 14. In this case, the term "paragraph (1), item (i) of said Article" in Article 12 shall be deemed to be replaced with "Article 6, paragraph (1), item (i)."

Chapter II Cooperation with the International Criminal Court

Section 2 Provision of Evidence, etc.

Subsection 3 Transfer of a Sentenced Inmate for Testimony, etc.

(Decision, etc. on the Transfer of a Sentenced Inmate for Testimony, etc.)
Article 17 (1) Where the Minister of Justice has received documents sent by the Minister of Foreign Affairs pursuant to the provisions of Article 4 concerning a request for cooperation through the transfer of a sentenced inmate for testimony, etc., when the case neither falls under Article 6, paragraph (1), item (iv) nor falls under any of the following items, and when the Minister of Justice finds it reasonable to comply with the request, he/she shall make an affirmative decision to transfer the sentenced inmate for testimony, etc., setting a period not to exceed thirty days during which the transfer of the domestic sentenced inmate will be in effect:

(i) when the domestic sentenced inmate does not consent in writing;
(ii) when the domestic sentenced inmate is under the age of 20; or
(iii) when a case connected with the crime committed by the domestic sentenced inmate is pending before a Japanese court.

(2) Where the Minister of Justice makes the affirmative decision set forth in the preceding paragraph, when he/she finds it necessary, he/she shall set conditions concerning the transfer of the sentenced inmate for testimony, etc.

(3) When the Minister of Justice decides not to effect the transfer of a sentenced inmate for testimony, etc. on finding that it is unreasonable to comply with the request set forth in paragraph (1), or when he/she sets the conditions set forth in the preceding paragraph, the Minister of Justice shall consult with the Minister of Foreign Affairs in advance.

(4) The provisions of Article 19, paragraph (3) of the Act on International Assistance in Investigations and Other Related Matters shall apply mutatis mutandis to a case in which the decision set forth in paragraph (1) has been made.


(Measures Concerning the Surrender of a Domestically Sentenced Inmate, etc.)
Article 18 (1) When the Minister of Justice has issued an order under the provisions of Article 19, paragraph (3) of the Act on International Assistance in Investigations and Other Related Matters as applied mutatis mutandis pursuant to paragraph (4) of the preceding Article, he/she shall send a written permit of custody to the Minister of Foreign Affairs.

(2) When the Minister of Foreign Affairs has been sent a permit of custody under the provisions of the preceding paragraph, he/she shall immediately send the same to the ICC.

(3) The warden of a penal institution who has been issued the order prescribed in paragraph (1) or an official of the penal institution who has been nominated by that warden shall promptly escort the domestic sentenced inmate to the place designated by the ICC, and shall surrender said domestic sentenced inmate to the person designated by the ICC who is in possession of the permit of custody.

(4) The provisions of Articles 21 and 22 of the Act on International Assistance in Investigations and Other Related Matters shall apply mutatis mutandis to a domestic sentenced inmate with regard to his/her surrender, pursuant to the provisions of the preceding paragraph, to the person designated by the ICC. In this case, the "transfer of a sentenced inmate for testimony" in Article 21 of said Act shall be deemed to be replaced with "transfer of a sentenced inmate for testimony, etc. as prescribed in Article 2, item (vii) of the Act on Cooperation with the International Criminal Court."

Japan - International Assistance Act 1980 (2006) EN

Chapter I General Provisions

Article 2 (Restrictions on Assistance)

Assistance shall not be provided in any of the following circumstances:

(i) When the offense for which assistance is requested is a political offense, or when the request for assistance is deemed to have been made with a view to investigating a political offense;

(ii) Unless otherwise provided by a treaty, when the act constituting the offense for which assistance is requested would not constitute a crime under laws and regulations of Japan were it to be committed in Japan;

(iii) With respect to a request for examination of a witness or provision of articles of evidence, unless otherwise provided by a treaty, when the requesting country does not clearly demonstrate in writing that the evidence is essential to the investigation.

Article 3 (Receipt of Requests and Sending of Evidence)

(1) A request for assistance shall be received, and evidence shall be forwarded to the requesting country, by the Minister of Foreign Affairs; except that the Minister of Justice shall carry out these tasks when a treaty confers the authority to receive requests for assistance on the Minister of Justice or when the Minister of Foreign Affairs gives consent in an emergency or under other special circumstances.

(2) When the Minister of Justice receives a request for assistance or forwards evidence to the requesting country pursuant to the proviso of the preceding paragraph, the Minister of Justice may ask the Minister of Foreign Affairs for cooperation necessary for the execution of matters relating to the assistance.


Article 4 (Measures to Be Taken by the Minister of Foreign Affairs)

Upon receiving a request for assistance, the Minister of Foreign Affairs shall, except where any of the following applies, send to the Minister of Justice the written request for assistance or a certification prepared by the Minister of Foreign Affairs of the fact that such a request has been made, as well as related documents, with the opinion of the Minister of Foreign Affairs attached:

(i) When a request has been made based on a treaty but the form of the request does not conform to the requirements of the treaty;

(ii) When a request has been made without being based on a treaty but there is no guarantee from the requesting country that it will honor requests of the same sort from Japan .


Chapter II Collection of Evidence


Article 5 (Measures to Be Taken by the Minister of Justice)

(1) With respect to a request for assistance in matters other than a transfer of a sentenced inmate for testimony, except where any item in Article 2 (any item in Article 2 or 4 when the Minister of Justice receives a request for assistance pursuant to the proviso of paragraph (1) of Article 3) applies, the Minister of Justice shall, when none of the provisions of the following paragraph applies and the Minister of Justice deems it appropriate to honor the request, take one of the following measures:

(i) Send the related documents to the Chief Prosecutor of an appropriate district public prosecutors office and order the Chief Prosecutor to collect the evidence necessary for assistance;

(ii) Send the documents concerning the request for assistance to the National Public Safety Commission;

(iii) Send the documents concerning the request for assistance to the Commandant of the Japan Coast Guard, or to the head of other national agencies to which judicial police officials belong as provided by Article 190 of the Code of Criminal Procedure (Act No. 131 of 1948).

(2) With respect to a request for provision of a document pertaining to the trial which is in the custody of a court, a public prosecutor or a judicial police officer, the Minister of Justice shall send the documents pertaining to the request for assistance to the custodian of the document pertaining to the trial.

(3) The Minister of Justice may conduct an inquiry on the whereabouts of any relevant person and other necessary matters, when the Minister of Justice deems it necessary in order to take the measures provided in paragraph (1) or any other measures relating to the assistance.


Article 6 (Measures to Be Taken by the National Public Safety Commission)

Upon receiving the documents set forth in paragraph (1), item (ii) of Article 5, the National Public Safety Commission shall send the documents concerned to an appropriate Prefectural Police, and instruct it to collect the evidence necessary for the assistance.


Article 7 (Measures to Be Taken by the Chief Prosecutor)

(1) When a Chief Prosecutor receives an order set forth in paragraph (1), item (i) of Article 5, he/she shall have a public prosecutor in the office take measures to collect the evidence necessary for assistance.

(2) When the Superintendent General or the chief of Prefectural Police (hereinafter referred to as "Chief of Police") is instructed pursuant to the provision of Article 6, he/she shall cause a judicial police officer of the Prefectural Police to take the measures set forth in the preceding paragraph.

(3) When the head of a national agency receives the documents set forth in paragraph (1), item (iii) of Article 5, he/she shall have an appropriate judicial police officer of the agency take the measures set forth in paragraph (1).


Article 8 (Measures to Be Taken by a Public Prosecutor)

(1) With regard to the collection of evidence necessary for assistance, a public prosecutor or a judicial police officer may: ask any person concerned to appear before them and interview the person; request an expert opinion; make an inspection; ask the owner, possessor or custodian of a document or other materials to submit it; or ask a public office, or a public or private organization to make reports on necessary matters.

(2) With regard to the collection of evidence necessary for assistance, a public prosecutor or a judicial police officer may, if it is deemed to be necessary, undertake seizure, search, or inspection of evidence, upon a warrant issued by a judge.

(3) A public prosecutor or a judicial police officer may, when the evidence to be collected pursuant to the preceding two paragraphs is a business document or item (hereinafter in this paragraph refers to a document or any other item that is prepared or retained in the course of business) and a request for assistance in certification regarding the manner of preparation and retention of such business document or item has been made, request the person who has prepared or retained such business document or item, or any other person who is deemed to have professional knowledge regarding its preparation or retention, to submit a certificate of the matters asked for in the request.

(4) When requesting submission of a certificate pursuant to the provision of the preceding paragraph, a public prosecutor or a judicial police officer shall notify the person whom they have asked for a certificate that submission of a false certificate may result in criminal punishment.

(5) A public prosecutor or a judicial police officer may have a public prosecutor's assistant officer or a judicial police official take the measures set forth in paragraphs (1) to (3) inclusive.


Article 9 (Penal Provision)

A person who submits a false certificate in response to a request for submission of a certificate in accordance with paragraph (3) of Article 8 shall be punished by imprisonment with work for not more than a year or a fine of not more than 500,000 yen; except that this shall not apply when such conduct of the person constitutes a crime under the Penal Code (Act No. 45 of 1907).


Article 10 (Request for Examination of a Witness)

A public prosecutor may request a judge for examination of a witness when any of the following applies:

(i) When the request for assistance is for examination of a witness;

(ii) When the person concerned has refused to appear or to make statements in response to an interview in accordance with paragraph (1) of Article 8;

(iii) When a person who has been requested to submit a certificate pursuant to paragraph (3) of Article 8 has refused to do so.


Article 11 (Request for Issuance of a Warrant)

A request for issuance of a warrant or examination of a witness shall be accompanied with the document set forth in item (iii) of Article 2; except that this shall not apply when a treaty provides otherwise.


Article 12 (Jurisdiction of the Court)

A request for issuance of a warrant or examination of a witness shall be made to a judge of the district court that has jurisdiction over the place where the office to which the requesting person belongs is located, while the filing of an appeal to a measure taken by a judicial police official concerning the seizure or the restoration of a seized article shall be made to the district court that has jurisdiction over the place where that judicial police official has exercised his/her duties.


Article 13 (Application Mutatis Mutandis of the Code of Criminal Procedure)

In addition to those items specifically provided for in this Act, the provisions of the Code of Criminal Procedure (limited to Chapter II and Chapters V to XIII of Part I, Chapter I of Part II, Chapters I and IV of Part III, and Part VII), and of laws and regulations concerning the costs of criminal proceedings, shall apply mutatis mutandis to the measures taken by a public prosecutor, a public prosecutor's assistant officer or a judicial police official, to the issuance of a warrant and the examination of a witness by a judge, and to the decision rendered by a court or a judge, insofar as such application is not incompatible with the nature of the proceedings .


Article 14 (Measures upon Completion of Disposition)

(1) When the Chief Prosecutor has completed the collection of evidence necessary for the assistance, he/she shall promptly send the collected evidence with his/her opinion attached, to the Minister of Justice. When the head of a national agency set forth in paragraph (1), item (iii) of Article 5 has completed the collection of evidence, the same shall apply.

(2) When a Chief of Police has completed the collection of evidence necessary for the assistance, the Prefectural Public Safety Commission shall promptly send the collected evidence with its opinion attached, to the National Public Safety Commission.

(3) Upon receiving the evidence pursuant to the provision set forth in the preceding paragraph, the National Public Safety Commission shall promptly send the evidence with its opinion attached, to the Minister of Justice.

(4) The custodian of a document relating to the trial who has received the documents concerning a request for assistance pursuant to the provision of paragraph (2) of Article 5, shall promptly send the document or a certified transcript thereof with his/her opinion attached, to the Minister of Justice; but when he/she is unable to do so, he/she shall return the documents concerning the request for assistance to the Minister of Justice.

(5) When, after receiving the evidence set forth in paragraph (1), (3), or the preceding paragraph, the Minister of Justice deems it to be necessary, he/she shall determine conditions that the requesting country shall observe with respect to the use or return of the evidence.

(6) When the requesting country does not assure that it will observe the conditions set forth in the preceding paragraph, the Minister of Justice shall not provide the assistance.


Article 15 (Notification When Assistance Is Not Provided)

When the Minister of Justice, after taking the measures set forth in paragraph (1), item (ii) or (iii) of Article 5, or in paragraph (2) of Article 5, deems it to be inappropriate to provide assistance, he/she shall, without delay, notify the person who has received the documents concerning the request for assistance to such effect .


Article 16 (Consultation)

(1) The Minister of Justice shall consult the Minister of Foreign Affairs when making a decision not to provide assistance upon finding that the request falls under item (i) of Article 4 or that honoring the request would be inappropriate, or when setting conditions in accordance with paragraph (5) of Article 14.

(2) When the Minister of Justice takes any of the measures set forth in the items of paragraph (1) of Article 5, he/she shall consult the National Public Safety Commission and the head of the national agency set forth in item (iii) of that paragraph, according to their jurisdiction, except when the agency to collect the evidence is clear from the documents pertaining the request for assistance, such as when the examination of a witness is requested .


Article 17 (Rules of the Supreme Court)

Besides the provisions of this chapter, the necessary procedural rules concerning issuance of warrants, examination of a witness, and appeals shall be determined by the Supreme Court.


Article 18 (Cooperation with the International Criminal Police Organization)

(1) The National Public Safety Commission may, on receiving a request for cooperation from the International Criminal Police Organization in investigating a criminal case of a foreign state, take one of the following measures:

(i) Give instructions to a Prefectural Police which is deemed to be appropriate to make the necessary inquiry;

(ii) Send the documents concerning the request for cooperation to the head of the national agency set forth in paragraph (1), item (iii) of Article 5.

(2) The provision of Article 2 (except for item (iii) shall apply mutatis mutandis to the case set forth in the preceding paragraph.

(3) The National Public Safety Commission may, when it deems necessary in order to take the measures set forth in paragraph (1), cause an official of the National Police Agency conduct an inquiry into the whereabouts of a person concerned and other necessary matters.

(4) With regard to the measures set forth in paragraph (1), the National Public Safety Commission shall consult the head of the national agency set forth in item (ii) of paragraph (1), according to its jurisdiction, except when the agency to conduct inquiry is obvious in the request.

(5) The National Public Safety Commission shall hear the opinion of the Minister of Justice when it is to take the measure set forth in paragraph (1).

(6) The Chief of Police of the Prefectural Police who has received the directions pursuant to item (i) of paragraph (1) shall order a police official of the Prefectural Police to take the measures necessary for the inquiry.

(7) The head of a national agency who has received the documents pertaining to a request for cooperation pursuant to the provision of item (ii) of paragraph (1) may order an official of the agency who is a judicial police official to take the measures necessary for the inquiry in connection with the request.

(8) With regard to the inquiry set forth in the preceding two paragraphs, a police officer or an official of the national agency in the preceding paragraph may: question any person concerned; make an inspection; ask the owner, possessor or custodian of a document and other articles to present it; or ask a public office, or a public or private organization to make a report on a necessary matter.

Chapter III Transfer of a Sentenced Inmate for Testimony Regarding a Domestic Sentenced Inmate

Article 19 (Decision of Transfer of a Sentenced Inmate for Testimony)

(1) When the requesting country, in accordance with a treaty, requests the transfer of a sentenced inmate for testimony regarding a domestic sentenced inmate (hereinafter refers to a person who is confined in Japan for execution of a sentence of imprisonment with or without work, or of an assistance punishment set forth in item (ii) of Article 2 of the Act on the Transnational Transfer of Sentenced Persons (Act No. 66 of 2002)), the Minister of Justice shall make a decision of transfer of
the sentenced inmate for testimony with a fixed period for transfer of the domestic sentenced inmate, if neither item (i) nor (ii) of Article 2, nor any of the following (with respect to cases where the Minister of Justice receives a request for assistance in accordance with the proviso of paragraph (1) of Article 3, neither item (i) nor (ii) of Article 2, item (i) of Article 4, nor any of the following) applies, and where the Minister of Justice deems it appropriate to honor the request:

(i) When the domestic sentenced inmate does not consent in writing;

(ii) When the domestic sentenced inmate is under the age of 20;

(iii) When the requested period for transfer of the domestic sentenced inmate exceeds 30 days;

(iv) When a case regarding a crime that the domestic sentenced inmate has committed is pending in a Japanese court.

(2) The provisions of paragraphs (5) and (6) of Article 14, and paragraph (1) of Article 16 shall be applied mutatis mutandis to where a request for transfer of a sentenced inmate regarding a domestic sentenced inmate has been made. Any technical provisions for such application shall be set forth in a Cabinet order.

(3) The Minister of Justice shall, when having made the decision set forth in paragraph (1), order the warden of the penal institution in which the domestic sentenced inmate is imprisoned to hand over the inmate in accordance with the decision, and shall notify the domestic sentenced inmate to such effect.


Article 20 (Measures Relating to a Handover)

(1) The Minister of Justice shall send a permit of custody, to the Minister of Foreign Affairs when having made the order pursuant to paragraph (3) of Article 19.

(2) The Minister of Foreign Affairs, upon receipt of the permit of custody in accordance with the preceding paragraph, shall send it to the requesting country immediately.

(3) Notwithstanding the provisions of the preceding two paragraphs, when the Minister of Justice receives a request for assistance pursuant to the proviso of paragraph (1) of Article 3, the sending of the permit of custody to the requesting party shall be done by the Minister of Justice.

(4) The warden of the penal institution who has received the order set forth in paragraph (3) of Article 19 shall, when an official of the requesting country requests handover of the domestic sentenced inmate by showing a permit of custody, hand over the domestic sentenced inmate.

(5) The official of the requesting country who has received the handover of the domestic sentenced inmate in accordance with the provision in the preceding paragraph shall promptly escort the domestic sentenced inmate to the requesting country.


Article 21 (Treatment of the Period of Transfer of a Domestic Sentenced Inmate)

The period for which a domestic sentenced inmate has been made subject to the transfer of a sentenced inmate for testimony (excluding the period in which the inmate was not detained) shall be deemed as a period served for the purpose of execution of the sentence.


Article 22 (Special Provision to the Act on Penal Detention Facilities and Treatment of Inmates and
Detainees)

(1) With regard to the application of the Act on Penal Detention Facilities and Treatment of Inmates and Detainees (Act No. 50 of 2005), Article 52, paragraph (1) of Article 53 (including the cases where it is applied mutatis mutandis pursuant to paragraph (6) of Article 132 of the Act), paragraph (2) of Article 53, paragraph (1) of Article 85, paragraphs (1), (2) and (4) of Article 98, paragraph (4) of Article 100, paragraphs (3), (5) and (7) of Article 132, paragraph (1) of Article 164 (including the cases where it is applied mutatis mutandis pursuant to paragraph (3) of Article 165 of the Act), paragraph (3) of Article 166 (including the cases where it is applied mutatis mutandis pursuant to paragraph (4) of Article 167 and paragraph (4) of Article 168 of the Act), Articles 171, 174 and 175, the handover of a domestic sentenced inmate to an official of the requesting country pursuant to the provision of paragraph (4) of Article 20 shall not be deemed to be a release.

(2) Article 54 (except for items (ii) and (iii) of paragraph (1)), Article 55, paragraph (5) of Article 98 (limited to the part pertaining to item (i)), Article 99, paragraphs (4) to (7) inclusive of Article 132 and Article 176 of the Act on Penal Detention Facilities and Treatment of Inmates and Detainees shall apply mutatis mutandis to the personal effects left behind, remuneration, prohibited or suspended correspondence, or reproduction of the deleted or erased part of correspondence, in the case of a domestic sentenced inmate, who has been handed over to an official of the requesting country pursuant to paragraph (4) of Article 20, escaping or dying. In this case, the term "any of the items in paragraph (1) of Article 54" in paragraph (5), item (ii) and paragraph (7) of Article 132 of the Act shall be deemed to be replaced with "paragraph (1), item (i) of Article 54," and the term "paragraph (1) of Article 54" in paragraph (6) of Article 132 shall be deemed to be replaced with "paragraph (1) of Article 54 (except for items (ii) and (iii))."

Rome Statute

Article 88 Availability of procedures under national law

States Parties shall ensure that there are procedures available under their national law for all of the forms of cooperation which are specified under this Part.

Article 89 Surrender of persons to the Court

1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with requests for arrest and surrender.

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(a) The identification and whereabouts of persons or the location of items;

(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;

(c) The questioning of any person being investigated or prosecuted;

(d) The service of documents, including judicial documents;

(e) Facilitating the voluntary appearance of persons as witnesses or experts before the Court;

(f) The temporary transfer of persons as provided in paragraph 7;

(g) The examination of places or sites, including the exhumation and examination of grave sites;

(h) The execution of searches and seizures;

(i) The provision of records and documents, including official records and documents;

(j) The protection of victims and witnesses and the preservation of evidence;

(k) The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and

(l) Any other type of assistance which is not prohibited by the law of the requested State, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court.

Article 99 Execution of requests under articles 93 and 96

1. Requests for assistance shall be executed in accordance with the relevant procedure under the law of the requested State and, unless prohibited by such law, in the manner specified in the request, including following any procedure outlined therein or permitting persons specified in the request to be present at and assist in the execution process.