'Rights during trial - disclosure of evidence to defence' in document 'Japan - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part II
First Instance

Chapter III
Public Trial

Section 1
Trial Preparation and Trial Procedure

Article 281-3

The defense counsel shall appropriately keep safe custody of the copies of evidence (copies and materials) which accurately record all or part of the evidence , which the public prosecutor has been given the opportunity to inspect or copy for the preparation of the trial, and may not entrust custody to others without reason.

Part II
First Instance

Chapter III
Public Trial

Section 1
Trial Preparation and Trial Procedure

Section 1-2
Proceeding for Arranging Issues and Evidence

Subsection 1
Pretrial Arrangement Proceeding

Division 2
Arrangement of Issues and Evidence

Article 316-14

The public prosecutor shall promptly disclose the evidence which he/she has requested to be examined (hereinafter referred to as "the evidence for examination requested by the public prosecutor") to the accused or his/her counsel by the following means according to each category.

i) In the case of documentary evidence or articles of evidence, an opportunity shall be given to inspect (inspect and copy for the defense counsel the) documentary evidence or the articles of evidence.

ii) In the case of a witness, expert witness, interpreter or translator, an opportunity shall be given to know their names and addresses and to inspect (inspect and copy for the defense counsel their recorded statement documents) ("recorded statement documents" means a written statement, or a statement which has been recorded and taken down in writing and has the signature or seal of the person making the statement or a recording medium which is able to record images or sound and on which the statement has been recorded ; the same shall apply hereinafter) which reveal the contents of that which they are supposed to state at the trial (documents which contain a gist of the contents that they are supposed to state at the trial when there are no such recorded statement documents or when such materials are deemed inappropriate for inspection).

RELEVANT ROME STATUTE PROVISIONS

Article 67
Rights of the accused
2. In addition to any other disclosure provided for in this Statute, the Prosecutor shall, as soon as practicable, disclose to the defence evidence in the Prosecutor's possession or control which he or she believes shows or tends to show the innocence of the accused, or to mitigate the guilt of the accused, or which may affect the credibility of prosecution evidence. In case of doubt as to the application of this paragraph, the Court shall decide.