Part I General Provisions

Chapter IX Search and Seizure

Article 99
(1) The court may, when it is necessary, seize articles of evidence or articles which it is considered should be confiscated; provided however, that this does not apply when so provided otherwise.
(2) If the article to be seized is a computer, and with regard to a recording medium connected via telecommunication lines to such computer, it may be reasonably supposed that such recording medium was used to retain electronic or magnetic records which have been made or altered using such computer, or electronic or magnetic records which can be altered or erased using such computer, the computer or other recording medium may be seized after such electronic or magnetic records have been copied onto such computer or other recording medium.
(3) The court may specify the articles to be seized and order the owner, possessor or custodian to submit them.

Article 99-2 The court may, when it is necessary, seize records created under a record copying order (meaning having a custodian of electronic or magnetic records or a person with the authority to access electronic or magnetic records copy the necessary electronic or magnetic records onto a recording medium or print said records out, and seize said recording medium; the same applies hereinafter).

Article 100
(1) The court may seize or order the submission of postal items, items of correspondence or documents sent by telegraph sent to or from the accused which, based on the provisions of laws and regulations are held in the custody of or are in the possession of a person who handles communications.
(2) The postal items, items of correspondence or documents sent by telegraph sent to or from the accused which, based on the provisions of laws and regulations are held in the custody of or are in the possession of a person who handles communications, but are not subject to the preceding paragraph, may be seized or their submission ordered only when they can be reasonably supposed to be related to the case charged to the court.
(3) When the court has made the disposition in the preceding two paragraphs, the sender or recipient must be so notified; provided however, that this does not apply when there is a concern that such notification would obstruct court proceedings.

Article 101
Articles which the accused or another person has left behind or which the owner, possessor or custodian has submitted voluntarily may be retained.

Article 102
(1) The court may, when it is necessary, search the body, articles, residence or any other place of the accused.
(2) The body, articles, residence or any other place of a person other than the accused may be searched only when it can be reasonably supposed that articles which should be seized exist.

Article 103
Articles retained or possessed by a government employee or an ex-government employee may not be seized without the consent of said employee's supervisory public agency, when said employee or the public agency asserts that the articles pertain to official confidential information; provided however, that the supervisory public agency may not refuse consent except where the seizure may harm important national interests.

Article 104
(1) When the persons prescribed in the following items make an assertion as prescribed in the preceding Article, the articles may not be seized without the consent of the House with regard to the person prescribed in item (i), or the consent of the Cabinet with regard to the person prescribed in item (ii):
(i) A Member or ex-Member of the House of Representatives or the House of Councillors;
(ii) The Prime Minister, other Ministers of State or ex-Ministers of State.
(2) In the cases prescribed in the preceding paragraph, the House of Representatives, the House of Councillors and the Cabinet may not refuse consent except where the seizure may harm important national interests.

Article 105
A physician, dentist, midwife, nurse, attorney (including a foreign lawyer registered in Japan), patent attorney, notary public or a person engaged in a religious occupation, or any other person who was formerly engaged in any of these professions may refuse the seizure of articles containing the confidential information of others with which said person has been entrusted, and retains or possesses in the course of said person's duties; provided however, that this does not apply when the person in question has given consent, when the refusal is deemed to be an abuse of rights exclusively for the interests of the accused (unless said person is the accused), or wherethere exist other circumstances provided for by the Rules of Court.

Article 106 Searches, seizures or seizures of records created under a record copying order outside of the court must be executed on the issuance of a search warrant, seizure warrant or warrant ordering the seizure of records created under a record copying order.

Article 107
(1) Search warrants, seizure warrants or warrants ordering the seizure of records created under a record copying order must contain the name of the accused, the charged offense, the articles to be seized, details of the electronic or magnetic records to be recorded or to be printed out, the name of person who is to record them or print them out, or the place, body or articles to be searched, the period of validity and a statement to the effect that after said period of validity expires searches or seizures may not be executed and said warrant must be returned, as well as the date of issue and other particulars prescribed in the Rules of Court; and the name and seal of the presiding judge must be affixed to said warrants.
(2) When making the ruling provided for in Article 99, paragraph (2), in addition to the particulars prescribed in the preceding paragraph, the seizure warrants set forth in the preceding paragraph must contain the range of recording medium to which the electronic or magnetic records are to be copied and which is connected via telecommunication lines to the computer to be seized.
(3) The provisions of Article 64, paragraph (2) apply mutatis mutandis to the search warrant, seizure warrant or warrant ordering the seizure of records created under a record copying order set forth in paragraph (1).

Article 108
(1) The search warrant, seizure warrant, or warrant ordering the seizure of records created under a record copying order is executed by a public prosecutor's assistant officer or a judicial police official under the direction of a public prosecutor; provided however, that when the court deems it necessary for the protection of the accused, the presiding judge may order a court clerk or a judicial police official to execute said warrant.
(2) The court may, with regard to the execution of a search warrant, seizure warrant or warrant ordering the seizure of records created under a record copying order, give an endorsement in writing to the person who executes it that such execution is appropriate.
(3) The endorsement in the preceding paragraph may be given by a judge of a panel.
(4) The provisions of Article 71 apply mutatis mutandis to the execution of a search warrant, seizure warrant or warrant ordering the seizure of records created under a record copying order.

Article 109
The public prosecutor's assistant officer or court clerk may, when it is necessary to execute a search warrant, seizure warrant or warrant ordering the seizure of records created under a record copying order, request a judicial police official for assistance.

Article 110
The search warrant, seizure warrant or warrant ordering the seizure of records created under a record copying order must be shown to the person who is to be subject to said disposition.

Article 110-2 If the article to be seized is a recording medium containing electronic or magnetic records, the person executing the seizure warrant may execute the measures prescribed in the following items in lieu of said seizure. The same applies to a seizure in court:
(i) the person may copy the electronic or magnetic records recorded on the recording medium which is to be seized onto some other recording medium, print them out or transfer them, and may then seize said other recording medium;
(ii) the person may have the person subject to the seizure copy the electronic or magnetic records recorded on the recording medium which is to be seized onto some other recording medium, print them out or transfer them, and may then seize said other recording medium.

Article 111
(1) In the execution of a search warrant, seizure warrant or warrant ordering the seizure of records created under a record copying order, necessary measures such as the unlocking or unsealing of relevant articles may be taken. The same applies to searches, seizures and seizures of records created under a record copying order in court.
(2) The measures in the preceding paragraph may be taken regarding seized articles.

Article 111-2 Where the article to be seized is a recording medium containing electronic or magnetic records, the person executing the search warrant or the seizure warrant may ask the person subject to the measure to operate the computer, or for some other form of cooperation. The same applies to a search or seizure in court.

Article 112
(1) Any person who lacks permission from the executing officer may be prohibited from entering or leaving the subject place during execution of a search warrant, seizure warrant or warrant ordering the seizure of records created under a record copying order.
(2) A person who disobeys the prohibition in the preceding paragraph may be made to leave or be placed under guard until completion of said execution.

Article 113
(1) The public prosecutor and the accused or the defense counsel may attend the execution of a search warrant, seizure warrant or warrant ordering the seizure of records created under a record copying order; provided however, that this does not apply to an accused who is in custody.
(2) The executing officer of the search warrant, seizure warrant or warrant ordering the seizure of records created under a record copying order must, notify persons who may attend in advance, pursuant to the provisions of the preceding paragraph, of the date, time and location of the execution of the warrant; provided however, that this does not apply when such persons declare to the court in advance their intention not to attend said execution, or in cases requiring urgency.
(3) The court may, when it is necessary to execute a search warrant or seizure warrant, have the accused attend said warrant execution.

Article 114 (1) In executing a search warrant, seizure warrant or warrant ordering the seizure of records created under a record copying order in a public office, the executing officer must notify the head of the office or the deputy of the execution, and have said head or deputy attend it.
(2) Except for the cases pursuant to the provisions of the preceding paragraph, in executing the search warrant, seizure warrant or warrant ordering the seizure of records created under a record copying order in the residence of a person, or on the premises, in a building or a vessel guarded by a person, the executing officer must have the head of the household, the guard or the deputy of said head or guard attend its execution. When such person is unable to do so, the executing officer must have a neighbor or an official of the local government attend said execution.

Article 115
In executing a search warrant when searching the body of a female, the executing officer must have a female adult attend the execution of said warrant; provided however, that this does not apply in cases requiring urgency.

Article 116
(1) The executing officer may not enter the residence of a person, or premises, building or vessel guarded by a person to execute a search warrant, seizure warrant or warrant ordering the seizure of records created under a record copying order before sunrise or after sunset, unless the warrant contains a written statement to the effect that execution during the night is permitted.
(2) When the execution of the search warrant, seizure warrant or warrant ordering the seizure of records created under a record copying order starts before sunset, the execution of said warrant may continue after sunset.

Article 117
The execution of a search warrant or seizure warrant need not be restricted as prescribed in paragraph (1) of the preceding Article in the following places:
(i) places recognized as being frequently used for gambling, private lotteries or acts damaging to public morality;
(ii) hotels, restaurants or other places where the public are able to enter and leave at night; provided however, that this applies only to searches and seizures executed during the hours when said places are open to the public.

Article 118
The executing officer may, when suspending execution of the search warrant, if it is necessary, seizure warrant or warrant ordering the seizure of records created under a record copying order, shut down the place under execution or put said place under guard until the execution has been completed.

Article 119 If no article of evidence or article requiring confiscation has been found in a search, the executing officer must, upon the request of the person who is subject to the search, issue a certificate certifying said fact.

Article 120 If articles have been seized, the executing officer must make an inventory and deliver it to the owner, possessor, custodian of the articles (including the person subject to the measure pursuant to the provisions of Article 110-2) or said person's deputy.

Article 121
(1) Seized articles which are inconvenient for transportation or retention may be put under guard, or the owner or another person may be made to retain said articles after receiving consent to do so.
(2) Seized articles which are likely to be dangerous may be disposed of.
(3) The measures provided in the preceding two paragraphs may be taken by the executing officer of the seizure warrant except when otherwise specially directed by the court.

Article 122
Seized articles which may be confiscated, and for which there is a concern that they may be easily lost or damaged, or articles which are inconvenient to retain, may be sold and their proceeds may be retained.

Article 123
(1) Seized articles which do not necessitate custody must, notwithstanding the conclusion of the case, be returned by a ruling.
(2) Seized articles may be ruled to be provisionally returned, upon the request of the owner, possessor, custodian or the person who submitted them.
(3) When the seized article is a recording medium which was seized after transferring electronic or magnetic records or having the electronic or magnetic records transferred pursuant to the provisions of Article 110-2 and does not need to be placed in custody, and when the person who underwent the seizure and the owner, possessor or custodian of such recording medium differ, said recording medium must be delivered to the person who underwent the seizure, or the copying of the electronic or magnetic records must be allowed by a ruling, notwithstanding the conclusion of the case.
(4) When making the ruling prescribed in the preceding three paragraphs, the court must hear the opinions of the public prosecutor and the accused or the defense counsel.

Article 124
(1) Seized property obtained through a property crime which does not need to be placed in custody must be ruled to be returned to the victim, only when the reason necessitating return to the victim is clear, notwithstanding the conclusion of the case and after hearing the opinions of the public prosecutor and the accused or the defense counsel.
(2) The provisions of the preceding paragraph do not prevent interested parties from claiming their rights in accordance with the procedures of civil actions.

Article 125
(1) Searches or seizures may be commissioned to a judge of a panel, or may be delegated to a judge of the district court, family court or summary court in the district where the search or seizure is to be executed.
(2) A delegated judge may re-delegate a judge of another district court, family court or summary court, who has the competence to be delegated.
( 3) A delegated judge may, when lacking the competence to handle the delegated particulars, transfer them to a judge of another district court, family court or summary court, who has the competence to handle said delegation.
( 4) The provisions pertaining to the searches or seizures by the court apply mutatis mutandis to searches or seizures by a commissioned judge or delegated judge; provided however, that the notification prescribed in Article 100, paragraph (3) must be made by the court.

Article 126 A public prosecutor's assistant officer or a judicial police official may, when executing a subpoena or detention warrant, if it is necessary, enter the residence of a person, or premises, building or vessel guarded by a person and search for the accused. In this case, a search warrant need not be obtained.

Article 127
The provisions of Articles 111, 112, 114 and 118 apply mutatis mutandis to the search by a public prosecutor's assistant officer or a judicial police official as prescribed in the preceding Article; provided however, that in cases requiring urgency, the search need not be in accordance with Article 114, paragraph (2).

Chapter X Inspections

Article 128
The court may, when it is necessary for fact-finding, conduct an inspection.

Article 129
The court may conduct inspections and examinations of persons, autopsies, grave excavations, and may destroy objects and take other necessary measures in the inspection.

Article 130
(1) The court may not enter the residence of a person, or premises, building or vessel guarded by a person for inspection before sunrise or after sunset without the consent of the head of the household, the guard or deputy; provided however, that this does not apply when there is the concern that an inspection after sunrise may not fulfill the purpose of inspection.
(2) When an inspection starts before sunset, it may continue after sunset.
(3) Inspections in the places prescribed in Article 117 need not be restricted as prescribed in paragraph (1) of this Article.

Article 131
(1) An inspection and examination of a person, taking into account the sex, physical condition and other circumstances of a person undergoing said inspection and examination, must be executed with due care given especially to the manner of the inspection and examination, so as not to harm the dignity of the person being inspected and examined.
(2) In cases of the inspections and examinations of females, the court must have a physician or a female adult attend the inspection and examination.

Article 132
The court may summon a person other than the accused to the court or a designated place for an inspection and examination of a person.

Article 133
(1) When the person who was summoned in accordance with the provisions of the preceding Article does not appear without a justifiable reason, the court may punish said person by making a ruling for a non-criminal fine of not more than 100,000 yen and order said person to compensate for the expenses incurred due to said absence.
(2) An immediate appeal against the ruling prescribed in the preceding paragraph may be filed.

Article 134
(1) Any person who has been summoned in accordance with the provisions of Article 132 but does not appear without a justifiable reason is punished by a fine of not more than 100,000 yen or penal detention.
(2) The court may, taking into account the circumstances, punish a person who commits the crime prescribed in the preceding paragraph by cumulative imposition of both a fine and penal detention.

Article 135
When any person disobeys the summons prescribed in the provisions of Article 132, the court may re-summon or subpoena said person.

Article 136
The provisions of Articles 62, 63 and 65 apply mutatis mutandis to the summons prescribed in the provisions of Article 132 and the preceding Article, and the provisions of Articles 62, 64, 66, 67, 70, 71 and Article 73, paragraph (1) apply mutatis mutandis to the subpoena prescribed in the preceding Article.

Article 137
(1) When the accused or a person other than the accused refuses an inspection and examination of the person without a justifiable reason, the court may punish said person by making a ruling for a non-criminal fine of not more than 100,000 yen and order said person to compensate for the expenses incurred due to said refusal.
(2) An immediate appeal against the ruling prescribed in the preceding paragraph may be filed.

Article 138
(1) Any person who refuses an inspection and examination of the person without a justifiable reason is punished by a fine of not more than 100,000 yen or penal detention.。
(2) The court may, taking into account the circumstances, punish a person who commits the crime prescribed in the preceding paragraph by cumulative imposition of both a fine and penal detention.

Article 139
The court may, if it deems that a non-criminal fine or criminal punishment will have no effect on the person refusing the inspection and examination of the person, execute the inspection and examination compulsorily.

Article 140
The court must, when it is going to punish a person by a non-criminal fine in accordance with Article 137, or execute an inspection and examination of the person in accordance with the preceding Article, hear the opinion of the public prosecutor in advance, and endeavor to ascertain the reason for the objection of a person who is to undergo an inspection and examination of the person.

Article 141
The court may, when it is necessary for the inspection, have a judicial police official assist.

Article 142
Articles 111-2 to 114, 118 and 125 apply mutatis mutandis to the inspection.