(Request concerning provisional detention, etc)

Article 23

(1) the Minister of Foreign Affairs shall, when he/she receives a request pursuant to an extradition treaty from a contracting country for the provisional detention of an offender whose extradition may be requested to Japan under the treaty for an offense (limited to those offences for which the contracting country may request the offender's extradition to Japan under the treaty), forward a certificate of the request for provisional detention and the related documents to the Minister of Justice, except for any case that falls under any of the following items.

(i) When there is 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.
(ii) When there is 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 was not based on an extradition treaty, paragraph (1) above shall apply only if the requesting country has assured that it would honor a request of the same kind made by Japan.

(Measures concerning provisional detention)

Article 24

The Minister of Justice shall, when he/she receives the documents provided for in Article 23 and finds it appropriate to provisionally detain the offender concerned, 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, have a public prosecutor of the Tokyo High Public Prosecutors Office detain the offender concerned under a provisional detention permit 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 provisional detention permit.

Article 26

(1) the Minister of Justice shall, when he/she receives documents regarding the extradition of an offender who is being detained under a provisional detention permit as provided for in Article 3 from the Minister of Foreign Affairs, but does not issue the order provided for in paragraph (1) of Article 4 because the case falls under one of the items contained in that paragraph, notify the Superintending Prosecutor of the Tokyo High Public Prosecutors Office and the offender concerned thereof and order the Superintending Prosecutor of the Tokyo High Public Prosecutors Office to release the offender concerned.

(2) The public prosecutor of the Tokyo High Public Prosecutors Office shall, upon receipt of the order for release as provided for in paragraph (1) above, immediately release the offender concerned.

Article 27

(1) the Superintending Prosecutor of the Tokyo High Public Prosecutors Office shall, when he/she receives an order from the Minister of Justice as provided for in paragraph (1) of Article 4 concerning an offender for whom a provisional detention permit has been issued, immediately have a public prosecutor of the Tokyo High Public Prosecutors Office notify the offender concerned that the extradition request has been made.

(2) The notification provided for in paragraph (1) above shall be carried out by notifying the warden of the penal institution if the offender concerned is being detained under a provisional detention permit, or by forwarding a written notification to the offender concerned if the offender is not being detained.

(3) When the notification provided for in paragraph (1) above has been made to an offender who is being detained under a provisional detention permit, such detention shall be deemed to be detention under a detention permit; and 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 took the fugitive into custody under a detention permit at the time of this notification.

Article 28

(1) the Minister of Foreign Affairs shall, when notified by the foreign state which requested provisional detention that it will not request the extradition of the offender concerned, after having already forwarded the documents as provided for in Article 23, immediately notify the Minister of Justice thereof.

(2) the Minister of Justice shall, when notified as provided for in paragraph (1) above, immediately notify the Superintending Prosecutor of the Tokyo High Public Prosecutors Office and the offender concerned thereof, and order the Superintending Prosecutor of the Tokyo High Public Prosecutors Office to release the offender concerned.

(3) The public prosecutor of the Tokyo High Public Prosecutors Office shall, when ordered to execute the release provided for in paragraph (2), immediately release the offender concerned.

Article 29

The warden of a penal institution shall, when he/she does not receive the notification provided for in paragraph (2) of Article 27 with respect to an offender who is being detained under a provisional detention permit, within two months from the day on which the offender was taken into custody (or within a period of less than two months if the extradition treaty provides otherwise), release the offender concerned and report thereof 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 provisional detention permit.

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

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

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