(Examination by the Tokyo High Court)
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)
1. The Tokyo High Court shall, on the basis of the results of the examination provided for in paragraph l 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.
(Rules of the Supreme Court)
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)
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)
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.
Chapter II Cooperation with the International Criminal Court
Section 3 Surrender of an Offender Sought for Surrender, etc.
Subsection 1 Surrender of an Offender Sought for Surrender
(Examination by the Tokyo High Court)
Article 23 (1) The Tokyo High Court shall, on the basis of the results of its examination, render its decision as specified in the following items in accordance with the cases listed in each of those items:
(i) when the application for examination set forth in paragraph (1) of the preceding Article is unlawful: a decision for dismissal;
(ii) when the case is one in which the offender sought for surrender can be surrendered: a decision to that effect; and
(iii) when the case is not one in which the offender sought for surrender can be surrendered: a decision to that effect.
(a) The Court shall have the authority to make requests to States Parties for cooperation. The requests shall be transmitted through the diplomatic channel or any other appropriate channel as may be designated by each State Party upon ratification, acceptance, approval or accession. Subsequent changes to the designation shall be made by each State Party in accordance with the Rules of Procedure and Evidence.