(Steps taken by the Minister of Foreign Affairs upon receipt of a request for surrender)

Article 3.

When a request for surrender of a fugitive is made, the Minister of Foreign Affairs shall, except in any of the following circumstances, forward to the Minister of Justice the written request or a certificate which the Minister of Foreign Affairs has prepared stating that the request for extradition has been made, together with the related documents:

(1) When, in the case of a request which has been made pursuant to a treaty of extradition, it is deemed that the form of the request is not consistent with the requirements of the treaty of extradition;

(2) When, in the case of a request which has not been made pursuant to a treaty of extradition, the requesting country has not assured that it would honor a request of the same kind made by Japan.


(Steps taken by the Minister of Justice)

Article 4.

1. Upon receiving the documents concerning a request for extradition from the Minister of Foreign Affairs as provided for in Article 3, the Minister of Justice shall, except in any of the following circumstances, forward the related documents to the Superintending Prosecutor of the Tokyo High Public Prosecutors Office and order to apply to the Tokyo High Court for examination as to whether the case is one in which the fugitive can be surrendered:

(1) When it is deemed to be clearly not a case in which the fugitive can be surrendered;

(2) In the case of a treaty of extradition which provides that the determination as to whether the fugitive shall be surrendered is left to the discretion of Japan in a case falling under item (8) or (9) of Article 2, when the case clearly falls under one of these items and it is deemed to be inappropriate to surrender the fugitive;

(3) In addition to cases falling under item (2) above, when a case falls under a provision of a treaty of extradition which leaves the determination as to whether the fugitive shall be surrendered to the discretion of Japan and it is deemed to be inappropriate to surrender the fugitive;

(4) In the case of a request for surrender which is not made pursuant to a treaty of extradition, when it is deemed to be inappropriate to surrender the fugitive.

2. Before the Minister of Justice makes a finding as provided for in item (3) or (4) of paragraph l above, the Minister of Justice shall consult with the Minister of Foreign Affairs.


(Detention of fugitive)

Artilcle 5.

1. Upon receiving an order from the Minister of Justice as provided for in paragraph 1 of Article 4, the Superintending Prosecutor of the Tokyo High Public Prosecutors Office shall, except when the fugitive is detained under a permit of provisional detention or except when the detention of the fugitive under a permit of provisional detention is suspended, cause a public prosecutor of the Tokyo High Public Prosecutors Office to detain the fugitive under a permit of detention which shall have 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 deems that there is no apprehension that the fugitive will escape.

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

3. The permit of detention shall contain the full name of the fugitive, the name of the offense for which extradition is requested, the name of the requesting country, the effective period of the permit, a statement that after the expiration of the effective period no detention may be commenced and the permit must be returned, and the date of issue of the permit, and shall bear the name and seal of the issuing judge.


Article 6.

1. A public prosecutor of the Tokyo High Public Prosecutors Office may cause a public prosecutor's assistant officer, a police officer, or a maritime safety officer or maritime safety sub-officer of the Maritime Safety Agency (hereinafter referred to as "public prosecutor's assistant officer, etc.") to take the fugitive into custody under the permit of detention provided for in Article 5.

2. When a fugitive is taken into custody under a permit of detention, the permit shall be shown to the fugitive.

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


Article 7

1. When a public prosecutor of the Tokyo High Public Prosecutors Office takes a fugitive into custody under a permit of detention, or receives a fugitive taken into custody under a permit of detention, the public prosecutor shall investigate the fugitive's identity immediately.

2. The public prosecutor of the Tokyo High Public Prosecutors Office, after establishing the identity of the fugitive, shall immediately inform the fugitive of the grounds for custody, designate the prison in which the fugitive is to be detained, and shall promptly and directly send the fugitive to that prison. In this 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, when an order from the Minister of Justice provided for in paragraph l of Article 4 is made, shall, except when the whereabouts of the fugitive are unknown, promptly apply to the Tokyo High Court for an examination as to whether the case is one in which the fugitive can be surrendered. This application for examination shall be made within twenty-four hours after the public prosecutor of the Tokyo High Public Prosecutors Office takes the fugitive into custody under a permit of detention or receives the fugitive who was taken into custody under a permit of detention.

2. The application provided for in paragraph l 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 l above, the public prosecutor shall forward to the fugitive a certified copy of the written application which is provided for in paragraph 2 above.

(Rescission of the order for 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 withdraws its request for extradition, or when the case has come under item (2) of Article 3, the Minister of Foreign Affairs shall immediately notify the Minister of Justice to that effect.

2. When, after the Minister of Justice has issued the order provided for in paragraph l of Article 4, the Minister of Justice receives from the Minister of Foreign Affairs the notification provided for in paragraph 1 above, or the case has fallen under any of the items of paragraph 1 of Article 4, the Minister of Justice shall immediately rescind the order and at the same time notify the fugitive to whom a certified copy of the application for examination provided for in paragraph 3 of Article 8 has been forwarded to that effect.

3. When an order for an application for examination is rescinded after the application for examination has been made, a public prosecutor of the Tokyo High Public Prosecutors Office shall promptly withdraw the application for examination.


(Release of fugitive)

Article 12.

When a decision is rendered in accordance with paragraph 1, item (1) or (2) of Article 10, or when an order for an application for examination is rescinded as provided for in Article 11, a public prosecutor of the Tokyo High Public Prosecutors Office shall immediately release the fugitive who is detained under a permit of detention.


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

Article 13.

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


(Order of the Minister of Justice concerning extradition, etc.)

Article 14.

1. When the Minister of Justice deems it to be appropriate to surrender the fugitive, in the case of a decision rendered as provided for in paragraph 1, item (3) of Article l0, 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 deems it to be inappropriate to surrender the fugitive, the Minister shall immediately notify the Superintending Prosecutors of the Tokyo High Public Prosecutors Office and the fugitive to that effect, and at the same time order the Superintending Prosecutor of the Tokyo High Public Prosecutors Office to release the fugitive who is detained under a permit of detention.

2. When an order of release provided for in paragraph 1 above is made, or when an order of surrender provided for in paragraph l above is not made within ten days from the day on which a certified copy of the decision provided for in paragraph l, item (3) of Article 10 was served as provided for in paragraph 3 of Article 10, a public prosecutor of the Tokyo High Public Prosecutors Office shall immediately release the fugitive who is detained under a permit of detention.

3. After making notification as provided for in paragraph l above that the surrender of the fugitive is deemed to be inappropriate, the Minister of Justice may not order the surrender of the fugitive with respect to the request for extradition concerned. Provided that this shall not apply when the treaty of extradition provides otherwise than Article 2 with respect to cases falling under item (8), and the case has ceased to fall under item (8) of Article 2 after a notification was made that the surrender of the fugitive was deemed to be inappropriate because the case fell under item (8) of Article 2.

(Steps taken relating to surrender)

Article 17.

1. When the Superintending Prosecutor of the Tokyo High Public Prosecutors Office receives a notice of surrender from the Minister of Justice and the fugitive is detained under a permit of detention or such detention has been suspended, the Superintending Prosecutor of the Tokyo High Public Prosecutors Office shall deliver the notice of surrender to the warden of the prison in which the fugitive is or was detained until the suspension of the detention and order the warden to surrender the fugitive.

2. Except in cases provided for in paragraph l above, the Superintending Prosecutor of the Tokyo High Public Prosecutors Office shall, upon receiving a notice of surrender from the Minister of Justice, cause a public prosecutor of the Tokyo High Public Prosecutors Office to 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. When a fugitive taken into custody under a notice of detention is committed to the prison in which the fugitive is to be detained, the Superintending Prosecutor of the Tokyo High Public Prosecutors Office shall promptly deliver the notice of surrender to the warden of that prison, order the warden to surrender the fugitive, and report to that effect, and the date on which the fugitive was taken into custody, to the Minister of Justice.


Article 18.

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


Article 19.

1. Upon receiving the permit of custody provided for in paragraph 3 of Article 16, the Minister of Foreign Affairs shall immediately forward the same to the requesting country.

2. Upon receiving the notification provided for in Article 18, the Minister of Foreign Affairs shall immediately notify the requesting country of its contents.


Article 20.

1. After receiving the order to surrender a fugitive as provided for in paragraph l or 5 of Article 17, the warden of the prison shall surrender the fugitive to the authorities of the requesting country when those authorities show the permit of custody to the warden and request him/her to surrender the fugitive.

2. When the request for surrender provided for in paragraph l above is not made within the time limit of surrender, the warden of the prison shall release the fugitive and report to that effect to the Superintending Prosecutor of the Tokyo High Public Prosecutors Office.

(Steps taken by the Minister of Justice concerning the approval of transportation of a person surrendered)

Article 34.

1. The Minister of Justice, upon a request made by a foreign country through the diplomatic channel, may give approval to transport through the territory of Japan a person surrendered to that country by another foreign country, except in any of the following circumstances:

(1) When the act which has given rise to the extradition of the person with whom the request is concerned would not constitute an offense under Japanese laws, regulations or ordinances if the act were committed in Japan;
(2) When the offense which has given rise to the extradition of the person with whom the request is 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 surrendered for a political offense;
(3) When the request has not been made pursuant to a treaty of extradition and the person with whom the request is concerned 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.

Article 87
Requests for cooperation: general provisions
1. (a) The Court shall have the authority to make requests to States Parties for cooperation. The requests shall be transmitted through the diplomatic channel or any other appropriate channel as may be designated by each State Party upon ratification, acceptance, approval or accession. Subsequent changes to the designation shall be made by each State Party in accordance with the Rules of Procedure and Evidence.