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Chapter XII Investigation of Criminal Cases, Etc.

Article 101

(1) Whenever necessary in the investigation of a criminal case (cases related to crimes in Articles 89 to 91 inclusive; hereinafter the same applies in this Chapter), a staff member of the Fair Trade Commission (limited to the staff members designated by the Fair Trade Commission; hereinafter referred to in this Chapter as "FTC Staff Member(s)") may request a criminal suspect or witness (hereinafter referred to in this paragraph as "Criminal Suspect(s), etc.") to appear before the Fair Trade Commission, may question a Criminal Suspect, etc. , inspect an object possessed or abandoned by a Criminal Suspect, etc. , and may retain an object voluntarily submitted or abandoned by a Criminal Suspect, etc.

(2) In the course of an investigation in a criminal case, an FTC Staff Member may inquire with a public agency or public or private organization and request that the agency or organization report the necessary matters.

Article 102

(1) Whenever necessary in the investigation of a criminal case, an FTC Staff Member may conduct an on-site inspection, search, or seizure, by virtue of a Warrant issued in advance by a judge of the district court or summary court having jurisdiction over the location of the Fair Trade Commission (Note: Tokyo District Court and Tokyo Summary Court).

(2) In a case under the preceding paragraph requiring urgency, an FTC Staff Member may take the measures under the preceding paragraph by virtue of a warrant issued in advance by a judge of the district court or the summary court having jurisdiction over the location of the site to be inspected, the site, body or an object to be searched, or the object to be seized.

(3) When an FTC Staff Member requests a warrant provided for in paragraph (1) or the preceding paragraph (hereinafter referred to in this Chapter as a "Warrant"), the FTC Staff Member must submit materials that confirm the existence of a criminal case.

(4) If a request provided in the preceding paragraph is made, the judge of the district court or the summary court must issue a Warrant to the FTC Staff Member with the judge's name and seal affixed thereto, and the following information entered thereon: the site to be inspected; the site, body or object to be searched; or the object to be seized; the government position and name of the person making the request; the Warrant's valid period; the fact that the inspection, search or seizure may not be initiated and the Warrant must be returned after the expiration of the valid period; the date of issuance of the Warrant; and the name of the court to which the judge belongs. In this case, the name of the criminal suspect and the fact of a criminal offense, if known, must also be written.

(5) An FTC Staff Member may deliver a Warrant to another FTC Staff Member and have that FTC Staff Member conduct the on-site inspection, search or seizure.

Article 103

(1) Whenever necessary in the investigation of a criminal case, after receipt of a Warrant, an FTC Staff Member may seize postal items, correspondence or documents related to telegrams that are sent by or to a criminal suspect and stored or possessed by persons handling communication affairs pursuant to the provisions of laws and regulations.

(2) After receipt of a Warrant, an FTC Staff Member may seize postal items, correspondence or documents related to telegrams that are stored or possessed by persons handling communication affairs pursuant to the provisions of laws and regulations and do not fall under the provisions of the preceding paragraph, to the extent that there are sufficient grounds to suspect each of the items are related to a criminal case.

(3) If the measures under the preceding two paragraphs have been taken, FTC Staff Members must notify the sender or recipient of the items to that effect; provided, however, that this does not apply if notifying the sender or recipient is likely to hinder the investigation of the criminal case.

Article 104

(1) No on-site inspection, search or seizure may be conducted during the period from sunset to sunrise unless it is specified on the Warrant that the Warrant may be executed at night.

(2) If it is considered to be necessary, an on-site inspection, search or seizure that was initiated before sunset may be continued beyond sunset.

Article 105

Warrants for on-site inspection, search or seizure must be shown to the person that is subject to such measures.

Article 106

When conducting questioning, inspection, retention, on-site inspection, search or seizure pursuant to the provisions of this Chapter, an FTC Staff Member must carry an identification card that indicates their official status and produce it at the request of persons concerned.

Article 107

(1) Whenever necessary for conducting an on-site inspection, search, or seizure, an FTC Staff Member may open locks, open seals and take other necessary measures.

(2) The measures set forth in the preceding paragraph may be taken in relation to objects retained or seized.

Article 108

FTC Staff Members may prohibit any person from entering or leaving the site without permission while the questioning, inspection, retention, on-site inspection, search or seizure pursuant to the provisions of this Chapter are being conducted.

Article 109

(1) When conducting an on-site inspection, search or seizure of a person's residence, or a residence, building or other site guarded by a person, an FTC Staff Member must have the owner or superintendent (including their representative or agent or other person who can act on their behalf), or their employee or cohabitating relative who has attained the age of majority witness it.

(2) If it is not possible, in a case under the preceding paragraph, to have a person provided in that paragraph witness the on-site inspection, search, or seizure, an FTC Staff Member must have a neighbor who has attained the age of majority or a local police official or local government official witness it.

(3) Any body-search of a female must be conducted in the presence of a female witness over the age of majority; provided, however, that this does not apply to urgent cases.

Article 110

If necessary in the course of an on-site inspection, search or seizure, an FTC Staff Member may request the assistance of police officials.

Article 111

After carrying out questioning, inspection, retention, on-site inspection, search or seizure pursuant to the provisions of this Chapter, an FTC Staff Member must prepare a written report that states the date when the measures were taken and the findings, and show it to the person who was questioned or the witness, and, along with the person who was questioned or the witness, affix the person's name and seal thereto; provided, however, that if the person who was questioned or the witness does not affix the person's name and seal thereto or is unable to do so, it is sufficient to make supplementary note to that effect.

Article 112

After carrying out retention or seizure, an FTC Staff Member must prepare an inventory of the objects retained or seized and deliver a copy of the inventory to the owner or holder of the objects retained or seized or a person who can act in lieu of the owner or holder.

Article 113

Regarding a retained or seized object that is difficult to transport or store, an FTC Staff Member may, with the consent of the owner or holder of the object or other person that the FTC Staff Member finds to be appropriate, have such a person store the object after receiving a safekeeping receipt.

Article 114

(1) After a retained or seized object no longer needs to be held in custody, the Fair Trade Commission must return the object to the person to whom it should be returned.

(2) If the Fair Trade Commission cannot return a retained or seized object set forth in the preceding paragraph because it does not know the domicile or residence of the person to whom the object should be returned or because of another reason, the Fair Trade Commission must issue a public notice to that effect.

(3) If no request is made for the return of a retained or seized object regarding which a public notice has been issued pursuant to the preceding paragraph after six months have elapsed since the day of the public notice, the object belongs to the national treasury.

Article 115

After completing the investigation of a criminal case, a FTC Staff Member must report the results of the investigation to the Fair Trade Commission.

Article 116

(1) If an accusation is filed pursuant to the provisions of Article 74, paragraph (1) as a result of the investigation of a criminal case, if there are any retained or seized objects, the Fair Trade Commission must hand over the objects together with the inventory thereof.

(2) If a retained or seized object set forth in the preceding paragraph is being stored pursuant to the provisions of Article 113, the Fair Trade Commission must hand over the safekeeping receipt set forth in that Article and notify the person storing the object pursuant to that Article to that effect.

(3) When a retained or seized object is handed over pursuant to the provisions of the preceding two paragraphs, the object is deemed to have been seized pursuant to the provisions of the Code of Criminal Procedure.

Article 117

The provisions of Chapters II to IV inclusive of the Administrative Procedure Act do not apply to measures taken or administrative guidance implemented by the Fair Trade Commission or an FTC Staff Member in accordance with the provisions of this Chapter.

Article 118

Measures taken by the Fair Trade Commission or an FTC Staff Member pursuant to the provisions of this Chapter cannot be appealed under the Administrative Appeal Act.



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Tel: +81-3-3581-1998
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