(Examination by the Tokyo High Court)

Article 9

(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 detention permit, 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 when the decision to be rendered is in accordance with item (i) or (ii) of paragraph (1) of Article 10.

(4) The Tokyo High Court may, when it is necessary to carry out the examination provided for in paragraph (1) above, examine witnesses, order examination by an expert, interpretation or translation. In this case, the provisions of Chapters XI through XIII of Part I of the Code of Criminal Procedure and of those laws and regulations concerning the costs of criminal proceedings shall apply mutatis mutandis, insofar as such application is not incompatible with the nature of the proceedings.

(Decision of the Tokyo High Court)

Article 10

(1) The Tokyo High Court shall, on the basis of the results of the examination provided for in paragraph (1) of Article 9, render its decision in the following manner.

(i) When the application for examination is unlawful, a decision shall be to dismiss the application.
(ii) When the case is one in which the fugitive cannot be extradited, a decision shall be rendered to that effect.
(iii) When the case is one in which the fugitive can be extradited, a decision shall be rendered to that effect.

(2) The decision provided for in paragraph (1) above shall become effective through the Court notifying the public prosecutor of the Tokyo High Public Prosecutors Office of the main text of the decision.

(3) When the Tokyo High Court renders the decision provided for in paragraph (1) above, the Court shall promptly deliver a certified copy of the written decision to the public prosecutor of the Tokyo High Public Prosecutors Office and to the fugitive, and return the related documents submitted by the public prosecutor to him/her.

(Rules of the Supreme Court)

Article 31

Besides the provisions of this Act, the necessary procedural matters concerning examinations by the Tokyo High Court and the issuance of permits of detention or of provisional detention shall be prescribed by the Supreme Court.

(Exception to the jurisdictional district of the Tokyo High Court)

Article 32

Notwithstanding the provisions of the Act on the Establishment of Lower Courts and their Jurisdictional Districts (Act 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 undertaken pursuant to this Act.

(Extradition request relating to an offense committed prior to the entry into force of an extradition treaty)

Article 33

When a new extradition treaty is concluded between Japan and a foreign state, the provisions of this Act concerning an extradition request pursuant to an extradition treaty shall also apply to an extradition request based on the new treaty even for an offense committed prior to the new treaty becoming effective, except if there are provisions in the treaty that bars the contracting country from making a request to Japan for the extradition of 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.