(Measures to be taken by the Minister of Foreign Affairs upon the receipt of an extradition request)

Article 3

Upon receiving an extradition request, the Minister of Foreign Affairs shall, except where any of the following items applies, forward to the Minister of Justice the written request or a document prepared by the Minister of Foreign Affairs that certifies that an extradition request has been made, together with the related documents.

(i) When the request has been made based on an extradition treaty but the formality of the request is not consistent with the requirements of the extradition treaty.

(ii) When the request has been made without having an extradition treaty as its base, but there is no guarantee from the requesting country that it would honor a request of the same kind made by Japan.

(Measures to be taken by the Minister of Justice)

Article 4

(1) When the Minister of Justice receives the documents of an extradition request from the Minister of Foreign Affairs as set forth in the preceding Article, he/she shall, except where any of the following items applies, forward the related documents to the Superintending Prosecutor of the Tokyo High Public Prosecutors Office and order an application to be made to the Tokyo High Court for examination as to whether the case is one in which the fugitive can be extradited.

(i) When it is deemed to be a case in which the fugitive clearly cannot be extradited.
(ii) When the extradition treaty provides that the determination as to whether the fugitive is to be extradited is to be left to the discretion of Japan if the case falls under item (viii) or (ix) of Article 2, and the case clearly falls under one of these items and it is deemed inappropriate to extradite the fugitive.
(iii) In addition to the cases falling under item (ii) above, when there is a provision in the extradition treaty which leaves the determination as to whether the fugitive is to be extradited to the discretion of Japan, and the case falls under the provision and it is deemed inappropriate to extradite the fugitive.
(iv) When an extradition request has been made without being based on an extradition treaty and it is deemed inappropriate to extradite the fugitive.

(2) Before the Minister of Justice makes the finding provided for in item (iii) or (iv) of paragraph (1) above, the Minister of Justice shall consult with the Minister of Foreign Affairs in advance.

(3) The Minister of Justice may conduct an inquiry on the whereabouts of the fugitive and other necessary matters, when he/she deems it necessary to give the order provided for in paragraph (1) or to take any other measures relating to the extradition.

(Detention of the fugitive)

Article 5

(1) Upon receiving the order from the Minister of Justice provided for in paragraph (1) of Article 4, the Superintending Prosecutor of the Tokyo High Public Prosecutors Office shall, except when the fugitive is being detained under a provisional detention permit or when the detention of the fugitive under a provisional detention permit has been suspended, have a public prosecutor of the Tokyo High Public Prosecutors Office detain the fugitive under a detention permit which has 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 finds that there is no risk of the fugitive fleeing.

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

(3) The detention permit shall contain the full name of the fugitive, the name of the requested offense, the requesting country, the valid period of the permit, a statement to the effect that there shall be no detention after the valid period has expired and that in such case the detention permit shall be returned and the date of issue, and the permit shall bear the name and seal of the issuing judge.

Article 6

(1) A public prosecutor of the Tokyo High Public Prosecutors Office may have a public prosecutor's assistant officer, police officer or a coast guard officer or coast guard assistant officer of the Japan Coast Guard (hereinafter referred to as "public prosecutor's assistant officer et al.") hold the fugitive in custody under the detention permit provided for in Article 5.

(2) When a fugitive is held in custody upon a detention permit, the permit shall be shown to the fugitive.

(3) When a public prosecutor's assistant officer, et al. takes a fugitive into custody under a detention permit, 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 (Act No. 131 of 1948) shall apply mutatis mutandis to custody under a detention permit.

Article 7

(1) When a public prosecutor of the Tokyo High Public Prosecutors Office takes a fugitive into custody upon a detention permit, or has received a fugitive held in custody upon a detention permit, the public prosecutor shall immediately examine the fugitive's identity.

(2) When the identity of the fugitive has been confirmed, The public prosecutor of the Tokyo High Public Prosecutors Office, shall immediately notify the fugitive of the grounds for detention, designate the penal institution in which the fugitive is to be detained, and shall promptly and directly refer the fugitive to that penal institution. In such 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 shall, when the order by the Minister of Justice provided for in paragraph (1) of Article 4 has been made, except when the whereabouts of the fugitive is unknown, promptly apply to the Tokyo High Court for an examination on whether the case is extraditable. This application for examination shall be made within twenty-four hours of the public prosecutor of the Tokyo High Public Prosecutors Office taking the fugitive into custody under a detention permit or receiving the fugitive who was taken into custody under a detention permit.

(2) The application provided for in paragraph (1) 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 (1) above, the public prosecutor shall send a certified copy of the written application set forth in paragraph (2) above to the fugitive.

(Rescission of the order for an 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 will withdraw its extradition request, or when the case has fallen under item (ii) of Article 3, the Minister of Foreign Affairs shall immediately notify the Minister of Justice thereof.

(2) When the Minister of Justice receives the notification from the Minister of Foreign Affairs provided for in paragraph (1) above or the case has come to fall under any of the items of paragraph (1) of Article 4 after the Minister of Justice issued the order provided for in paragraph (1) of Article 4, the Minister of Justice shall immediately rescind the order and notify as such to the fugitive to whom a certified copy of the application for examination provided for in paragraph (3) of Article 8 has been forwarded.

(3) When an order to apply for examination is rescinded after the application for examination was made, a public prosecutor of the Tokyo High Public Prosecutors Office shall promptly withdraw the application for examination.

(Release of the fugitive)

Article 12

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

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

Article 13

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

(Order of the Minister of Justice regarding extradition)

Article 14

(1) When the Minister of Justice finds it appropriate to extradite the fugitive, in a case where the decision provided for in item (iii) of paragraph (1) of Article 10 was rendered, 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 finds it inappropriate to extradite the fugitive, the Minister shall immediately notify the Superintending Prosecutor of the Tokyo High Public Prosecutors Office and the fugitive to that effect, and order the Superintending Prosecutor of the Tokyo High Public Prosecutors Office to release the fugitive who is being detained under a detention permit.

(2) The public prosecutor of the Tokyo High Public Prosecutors Office shall, when he/she has been ordered to release the fugitive as provided for in paragraph (1) above, or when an order for extradition has not been made as provided for in paragraph (1) above within ten days of the day on which the certified copy of the decision provided for in item (iii) of paragraph (1) of Article 10 was delivered as provided for in paragraph (3) of Article 10, immediately release the fugitive who is being detained under a detention permit.

(3) After making the notification provided for in paragraph (1) above that extradition of the fugitive is inappropriate, the Minister of Justice shall not order the surrender of the fugitive with respect to the extradition request concerned; Provided that this shall not apply when the extradition treaty provides otherwise regarding item (viii) of Article 2 and the Minister has made the notification that he/she finds it inappropriate for the fugitive to be extradited due to the case falling under the item but the case subsequently comes not to fall under the item.

(Measures relating to surrender)

Article 17

(1) the Superintending Prosecutor of the Tokyo High Public Prosecutors Office shall, upon receipt of the notice of surrender from the Minister of Justice and when the fugitive is being detained under a detention permit or such detention has been suspended, deliver the notice of surrender to the warden of the penal institution in which the fugitive is being detained or was detained until the detention was suspended and order the warden to surrender the fugitive.

(2) Except in the cases provided in paragraph (1) above, the Superintending Prosecutor of the Tokyo High Public Prosecutors Office shall, upon receiving a notice of surrender from the Minister of Justice, have a public prosecutor of the Tokyo High Public Prosecutors Office 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) The Superintending Prosecutor of the Tokyo High Public Prosecutors Office shall, when the fugitive has been taken into custody under a notice of detention and was committed to the penal institution in which the fugitive was to be detained, promptly deliver the notice of surrender to the warden of that penal institution, order the warden to surrender the fugitive, and report to the Minister of Justice thereof and the date the fugitive was taken into custody.

Article 18

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

Article 19

(1) the Minister of Foreign Affairs shall immediately forward the permit of custody to the requesting country on receiving it as provided for in paragraph (3) of Article 16.

(2) the Minister of Foreign Affairs shall immediately notify the requesting country of the contents of the notification he/she has received as provided for in Article 18.

Article 20

(1) The warden of the penal institution who has received the order to surrender the fugitive as provided for in paragraph (1) or (5) of Article 17, shall surrender the fugitive to the authorities of the requesting country when those authorities show the written permit of custody to the warden and request him/her to surrender the fugitive.

(2) The warden of the penal institution shall, When the request of surrender as provided for in paragraph (1) above was not made within the time limit of surrender, release the fugitive and report to the Superintending Prosecutor of the Tokyo High Public Prosecutors Office thereof.

(Suspension of detention)

Article 22

(1) A public prosecutor of the Tokyo High Public Prosecutors Office may, when he/she finds it to be necessary, suspend detention of the fugitive under the detention permit by entrusting the fugitive to his/her relative or some other person, or otherwise restrict the residence of the fugitive.

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

(3) a public prosecutor of the Tokyo High Public Prosecutors Office may have a public prosecutor's assistant et al. take the fugitive into custody when the detention is suspended as provided for in paragraph (2) above.

(Measures by the Minister of Justice concerning the approval of transportation through Japanese territory)

Article 34

(1) The Minister of Justice may, upon a request made by a foreign state through diplomatic channels, give approval for a person surrendered to that state by another foreign state to be transported through the territory of Japan, except in any of the following circumstances.

(i) When the act of the person in the request which constitutes the grounds of the extradition concerned would not constitute an offense under Japanese laws and regulations if the act were to be committed in Japan.
(ii) When the offense of the person in the request which constitutes the grounds of the extradition 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 for a political offense.
(iii) When the request is not based on an extradition treaty and the person concerned in the request 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.