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

(Decision of Transfer of a Sentenced Inmate for Testimony)

Article 19

(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.

(Measures Relating to a Handover)

Article 20

(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.

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

Article 21

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.

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

Article 22

(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))".

Chapter IV Confinement of a Foreign Sentenced Inmate

(Confinement of a Foreign Sentenced Inmate)

Article 23

(1) A public prosecutor shall confine, based on a detention notice for received transfer issued in advance, a foreign sentenced inmate (hereinafter refers to a person confined for execution of a sentence of imprisonment with or without work or its equivalent in a foreign state) for whom a decision for examination as a witness in a criminal proceeding in Japan has been made, after receiving the handover of such foreign sentenced inmate from an official of the foreign state for transfer of the sentenced inmate for testimony.

(2) Paragraphs (1) to (3) inclusive of Article 6 and Article 7 of the Act on Extradition (Act No. 68 of 1953), and Article 71, paragraph (3) of Article 73, Articles 74 and 126 of the Code of Criminal Procedure shall apply mutatis mutandis to the detention of a foreign sentenced inmate based on the detention notice for received transfer set forth in the preceding paragraph. Any technical provisions for such application shall be set forth in a Cabinet order.

(Handover to a Foreign Official)

Article 24

(1) A foreign sentenced inmate who has been handed over from a foreign official for transfer of a sentenced inmate for testimony shall, within 30 days from the date of such a handover, be handed back to the foreign official; except that this shall not apply when the foreign sentenced inmate cannot be handed back in compliance with the term set forth above due to a natural disaster or other unavoidable circumstances.

(2) A public prosecutor may have a public prosecutor's assistant officer, a police official, a coast guard officer or an assistant coast guard officer escort the foreign sentenced inmate, based on the detention notice for received transfer set forth in paragraph (1) of Article 23, when necessary in handing over the foreign sentenced inmate to the foreign official in accordance with the preceding paragraph. In this case, the provision of Article 74 of the Code of Criminal Procedure shall apply mutatis mutandis.

(Suspension of Confinement of a Foreign Sentenced Inmate)

Article 25

(1) A public prosecutor may, only on the basis of illness or other compelling reasons, suspend the confinement of a foreign sentenced inmate who is confined based on a detention notice for received transfer, with such a person entrusted to a physician or other appropriate person, or with limitation on the residence of such person.

(2) A public prosecutor may rescind suspension of the confinement at any time when the public prosecutor deems it necessary to do so.

(3) The provision of paragraphs (3) to (5) inclusive of Article 22 of the Act on Extradition shall apply mutatis mutandis to rescission of suspension of the confinement of a foreign sentenced inmate pursuant to the preceding paragraph. Any technical provisions for such application shall be set forth in a Cabinet order.