Part I General Provisions

Chapter XI Examination of Witnesses

Article 143
The court may, except as otherwise provided in this Code, examine any person as a witness.

Article 144
The court may not examine, without the consent of the supervisory public agency, a government employee or an ex-government employee on particulars which said person has come to know, when the officer or the public office asserts that the knowledge of the government employee or ex-government employee pertains to official confidential information; provided however, that the supervisory public agency may not refuse to give consent except where such examination may harm important national interests.

Article 145
(1) When the persons prescribed in the following items make an assertion as prescribed in the preceding Article, the court may not examine said person as a witness 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 to give consent except where such examination may harm important national interests.

Article 146
Any person may refuse to give testimony when there is a concern that such testimony may result in said person's criminal prosecution or conviction.

Article 147
Any person may refuse to give testimony when there is a concern that such testimony may result in criminal prosecution or conviction against:
(i) said person's spouse, blood relatives within the third degree of kinship or relatives by affinity within the second degree of kinship or a person who formerly had such relationship with said person;
(ii) said person's guardian, the supervisor of said person's guardian or said person's curator;
(iii) a person for whom said person is a guardian, supervisor of a guardian or a curator.

Article 148
A person who has the relationship prescribed in the preceding Article with one or more of the accomplices or co-defendants may not refuse to give testimony on particulars relating only to the other accomplices or co-defendants.

Article 149
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 to give testimony on particulars pertaining to the confidential information that said person came to know through entrusted professional conduct; 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 where there exist other circumstances provided for by the Rules of Court.

Article 150
(1) When the summoned witness does not appear without a justifiable reason, the
court may punish said witness 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 151
(1) Any person summoned as a witness who 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 the person who has committed the crime prescribed in the preceding paragraph by cumulative imposition of both a fine and penal detention.

Article 152 If a witness fails to obey a summons, the court may re-summon or subpoena said person.

Article 153
The provisions of Articles 62, 63 and 65 apply mutatis mutandis to the summons of a witness. The provisions of Articles 62, 64, 66, 67, 70, 71 and Article 73, paragraph (1) apply mutatis mutandis to the subpoena of a witness.

Article 153-2
When escorting or bringing a witness to the designated court or the designated place on execution of a subpoena, if it is necessary, said witness may be temporarily detained at the nearest police station or any other appropriate place.

Article 154
The court must, except as otherwise provided in this Code, have witnesses swear an oath.

Article 155 (1) The court must, with regard to a witness unable to understand the meaning of an oath, examine said person without the oath.
２　前項に掲げる者が宣誓をしたときでも、その供述は、証言としての効力を妨げられない。
(2) Even if the witness prescribed in the preceding paragraph has sworn an oath, the admissibility of said witness's statement as testimony is not denied or its effect lessened.

Article 156
(1) The court may have a witness testify on particulars inferred from the things which said witness has actually experienced.
(2) The admissibility of the testimony prescribed in the preceding paragraph is not denied or its effect lessened even if the testimony contains expert evidence.

Article 157
(1) The public prosecutor and the accused or the defense counsel may attend the examination of a witness.
( 2) (2) those who are entitled to attend the examination in accordance with the preceding paragraph must be notified in advance of the date, time and location of the witness examination; provided however, that this does not apply when any of these persons declares in advance to the court their intent of not attending.
(3) The person prescribed in paragraph (1) of this Article may, when attending the examination, personally examine said witness after notifying the presiding judge of this intent.

Article 157-2
(1) In the examination of a witness, if, taking into account the witness's age, mental or physical condition or other circumstances, it is found that the witness is likely to feel extreme anxiety or tension, the court may, after hearing the opinions of the public prosecutor and the accused or the defense counsel, have the witness accompanied during testimony by those who are suitable for easing the witness's anxiety or tension, and are unlikely to disturb examination by a judge or persons concerned in the case or the testimony of the witness, and are unlikely to unduly influence the content of the testimony.

(2) The person accompanying the witness in accordance with the preceding paragraph must not behave in any manner, during the testimony of the witness, which may disturb examination by a judge or persons concerned in the case or the testimony of the witness, or which may unduly influence the content of the testimony.

Article 157-3
(1) In the examination of a witness, the court may, after hearing the opinions of the public prosecutor and the accused or the defense counsel, when taking into account the nature of the crime, the witness's age, mental or physical condition, the relationship with the accused, or due to other circumstances, it is found that the pressure which the witness is under is likely to negatively affect said witness's mental wellbeing while testifying in the presence of the accused (including cases using the method provided in paragraph
(1) of the following Article) and when the court finds it appropriate, take measures so that the accused and the witness cannot be aware of each other's presence either from one side or from both sides; provided however, that measures to make it impossible for the accused to be aware of the presence the witness may only be taken when defense counsel is present.
(2) In the examination of a witness, when the court finds it appropriate, taking into account the nature of the crime, the witness's age, mental or physical condition or the effect on said person's reputation or other circumstances, the court may, after hearing the opinions of the public prosecutor and the accused or the defense counsel, take measures so that court observers and the witness cannot be aware of each other's presence.

Article 157-4
(1) In the examination of a witness prescribed in the following items, the court may, when the court finds it appropriate, after hearing the opinions of the public prosecutor and the accused or the defense counsel, have the witness be present in a place other than the place where the judge and persons concerned in the case are present for examination of the witness (limited to the same premises), and examine the witness via means that allow for recognition of each other's presence and communication through the transmission of visual images and sound:
(i) The victim of the crimes or attempted crimes provided for in Articles 176 to 178-2, or 181, Articles 225 or Article 226-2, paragraph (3) (limited to cases with the purpose of indecency or marriage; the same applies in this item hereinafter), Article 227, paragraph (1) (limited to cases with the purpose of accessory to a person who commits the crime provided for in Article 225 or Article 226-2, paragraph (3)) or paragraph (3) (limited to cases with the purpose of indecency), or the first sentence of Article 241 of the Penal Code;
(ii) The victim of the crimes provided for in Article 60, paragraph (1) or inparagraph (2) of the same Article pertaining to Article 34, paragraph (1), item (ix) of theChild Welfare Act (Act No. 164, 1947), or Articles 4 to 8 of the Act on Punishing Activities Relating to Child Prostitution and Child Pornography, and the Protection of Children (Act No. 512, 1999);
(iii) In addition to those prescribed in the preceding two items, a person who, taking into account the nature of the crime, said person's age, mental or physical condition, the relationship with the accused, or due to other circumstances, is likely to be under pressure and whose mental wellbeing would be negatively affected while testifying at the place where the judge and persons concerned in the case are present for examination of the witness.
(2) In the examination of a witness using the measures prescribed in the preceding paragraph, the court may, when it is supposed that the witness will be requested to testify on the same facts again in another criminal procedure, after hearing the opinions of the public prosecutor and the accused or the defense counsel and with the consent of the witness, record the examination, the testimony and the circumstances surrounding the witness on a recording medium (limited to that which is able to record images and sound simultaneously).
(3) The recording medium on which the examination, the testimony and the circumstances surrounding the witness are recorded in accordance with the preceding paragraph is attached to the case records as part of the written statements.

Article 158
(1) The court may, after hearing the opinions of the public prosecutor and the accused or the defense counsel, and when the court deems it to be necessary, taking into account the importance of the witness, said witness's age, occupation, physical condition and other circumstances and the gravity of the factual background, summon a witness for examination to a place outside of the court or examine said person at said person's present location.
(2) In the case prescribed in the preceding paragraph, the court must give the public prosecutor, the accused and the defense counsel an opportunity to know in advance of the particulars to be examined.
(3) The public prosecutor and the accused or the defense counsel may request the court to examine other necessary particulars in addition to the particulars for examination prescribed in the preceding paragraph.

Article 159
(1) The court must, when the public prosecutor, the accused or the defense counsel was absent from the examination prescribed in the preceding Article, give said person an opportunity to know of the details of the testimony of the witness.
(2) When the testimony of the witness prescribed in the preceding paragraph is unexpected and extremely disadvantageous to the accused, the accused or the defense counsel may request the court to examine other necessary additional particulars.
(3) (3) If the request prescribed in the preceding paragraph is deemed to be without good reason, the court may dismiss said request.

Article 160
(1) When a witness refuses to swear an oath or testify 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 161
(1) Any person who refuses to swear an oath or testify 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 the person who has committed the crime prescribed in the preceding paragraph by cumulative imposition of both a fine and penal detention.

Article 162
The court may, when it is necessary, order the witness to be accompanied to a designated place by making a ruling. If said witness disobeys the order without a justifiable reason, the court may subpoena said witness.

Article 163
(1) When a witness is to be examined outside the court, the court may commission a judge of a panel to examine said witness, or delegate questioning to a judge of the district court, family court or summary court of the present location of said witness.
(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 to.
(3) A delegated judge may, when lacking the competence to handle delegated particulars, transfer them to a judge of another district court, family court or summary court who has the competence to be delegated to.
(4) A commissioned or delegated judge may, with respect to examination of a witness, take the measures belonging to a court or a presiding judge; provided however, that the court also may render the rulings prescribed in Articles 150 and 160.
(5) The proceedings provided in Article 158, paragraphs (2) and (3) and Article 159 must, notwithstanding the provisions of the preceding paragraph, be exercised by the court.

Article 164
(1) A witness may request travel expenses, a daily allowance and accommodation fees; provided however, that this does not apply when said witness refuses to swear an oath or testify without a justifiable reason.
(2) If a witness has received payment of travel expenses, a daily allowance or accommodation fees in advance, but does not appear in court or refuses to swear an oath or testify without a justifiable reason, said witness must return all received expenses.

Chapter XII Expert Evidence

Article 165
The court may order expert examination from a person with relevant knowledge and experience.

Article 166
The court must have expert witnesses swear an oath.

Article 167
(1) When it is necessary to have an expert witness examine the mental or physical condition of the accused, the court may detain the accused at a hospital or any other appropriate place, and determine a time period for the detaining.
(2) The detention in the preceding paragraph must not be executed without a detention warrant for expert examination.
(3) When it is necessary for the detention prescribed in paragraph (1) of this Article, the court may, upon a proposal from the custodian of the hospital or other place accommodating the accused or ex officio, order a judicial police official to guard the accused.
(4) The court may, when it is necessary, extend or shorten a period of detention.
(5) The provisions pertaining to detention apply mutatis mutandis to the detention for expert examination prescribed in paragraph (1) of this Article except as otherwise provided in this Code; provided however, that the provisions pertaining to bail do not apply.
(6) The detention prescribed in paragraph (1) of this Article is deemed as detention with regard to the inclusion of the number of pre-sentencing detention days.

Part II First Instance

Chapter III Public Trials

Section 1 Trial Preparation and Trial Proceedings

Article 304
(1) Witnesses, expert witnesses, interpreters or translators are first examined by the presiding judge or an associate judge.
(2) The public prosecutor, the accused or the defense counsel, by notifying the presiding judge, examine the witness, expert witness, interpreter or translator after the examination prescribed in the preceding paragraph. In this case, when the examination of the witness, expert witness, interpreter or translator pertains to the request of the public prosecutor, the accused or the defense counsel, the one who made the request examines them first.
(3) The court may, if it deems it appropriate, change the order of the examination prescribed in the preceding two paragraphs, upon hearing the opinions of the public prosecutor and the accused or the defense counsel.

Article 304-2 when examining a witness and finding that the witness is unable to testify sufficiently owing to the pressure of being in the presence of the accused (including cases where the measures prescribed in Article 157-3, paragraph (1) or the means prescribed in Article 157-4, paragraph (1) are taken), the court may have the accused leave the courtroom during the testimony of the witness after hearing the opinions of the public prosecutor and the defense counsel, only when defense counsel is present. After the witness has testified, the court must let the accused enter the courtroom, give the accused an outline of the testimony and give said person the opportunity to examine the witness.