(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.

(Suspension of detention)

Article 22.

1. A public prosecutor of the Tokyo High Public Prosecutors Office may, when the public prosecutor deems it to be necessary, suspend the detention of a fugitive detained under a permit of detention, placing the fugitive in the custody of his/her relative or some other person, or otherwise restricting the residence of the fugitive.

2. A public prosecutor of the Tokyo High Public Prosecutors Office may, at any time the prosecutor deems it to be necessary, revoke the suspension of detention. When a notice of surrender is delivered to the Superintending Prosecutor of the Tokyo High Public Prosecutors Office from the Minister of Justice as provided for in paragraph 1 of Article 17, a public prosecutor of the Tokyo High Public Prosecutors Office shall revoke the suspension of detention.

3. When a public prosecutor of the Tokyo High Public Prosecutors Office revokes the suspension of detention as provided for in paragraph 2 above, the public prosecutor may cause a public prosecutor's assistant officer, etc. to take the fugitive into custody.

4. Custody under paragraph 3 above shall be carried out by bringing the fugitive to the prison in which the fugitive is to be detained after showing to the fugitive a certified copy of the permit of detention and a written statement prepared by a public prosecutor of the Tokyo High Public Prosecutors Office stating that the suspension of detention has been revoked.

5. Notwithstanding the provisions of paragraph 4 above, when the executing official is not in possession of the documents provided for in paragraph 4 above and thus cannot show them to the fugitive, the executing official may, in an urgent case, bring the fugitive to the prison in which the fugitive is to be detained after telling the fugitive that the suspension of detention has been revoked, provided that the documents shall be shown to the fugitive as promptly as is practicable.

6. When the suspension of detention is revoked as provided for in the latter part of paragraph 2 above and the fugitive 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 report to that effect, and the date on which the fugitive was taken into custody, to the Minister of Justice.

7. In any of the following circumstances, a detention which has been suspended shall lose its validity:

(1) When a certified copy of the decision of the court provided for in paragraph l, item (1) or (2) of
Article 10 is served upon the fugitive;
(2) When the notification provided for in paragraph 2 of Article 11 is given to the fugitive;
(3) When the fugitive is notified by the Minister of Justice as provided for in paragraph l of Article 14, that the surrender of the fugitive is deemed to be inappropriate.


(Request concerning provisional detention, etc.)

Article 23.

1. When the Minister of Foreign Affairs receives a request pursuant to a treaty of extradition from a contracting country for the provisional detention of an offender whose surrender by Japan may be requested under the treaty of extradition, for an offense (for which the contracting country may request the offender's surrender by Japan under the treaty of extradition), the Minister of Foreign Affairs shall, except in any of the following circumstances, forward to the Minister of Justice a certificate stating that the request for provisional detention has been made, together with the related documents:

(1) When there has been no notification either that a warrant has been issued for the arrest of the person concerned or that a sentence has been imposed on that person;
(2) When there has been no assurance that a request for the extradition of the person concerned will be made.

2. When a request for the provisional detention of an offender is not made pursuant to a treaty of extradition, paragraph l above shall apply only if the requesting country has assured that it would honor a request of the same kind made by Japan.


(Steps taken concerning provisional detention)

Article 24

When the Minister of Justice receives the documents provided for in Article 23 and deems it to be
appropriate to provisionally detain the offender concerned, the Minister shall order the Superintending
Prosecutor of the Tokyo High Public Prosecutors Office to provisionally detain the offender concerned.


Article 25.

1. The Superintending Prosecutor of the Tokyo High Public Prosecutors Office shall, upon receiving the order from the Minister of Justice provided for in Article 24, cause a public prosecutor of the Tokyo High Public Prosecutors Office to detain the offender conceded under a permit of provisional detention which is to be issued in advance by a judge of the Tokyo High Court.

2. The provisions of paragraphs 2 and 3 of Article 5, Article 6 and Article 7 shall apply mutatis mutandis to detention under a permit of provisional detention.


Article 26

1. When the Minister of Justice, after receiving from the Minister of Foreign Affairs, as provided for in Article 3, the documents concerning a request for the surrender of an offender who is detained under a permit of provisional detention, does not issue the order provided for in paragraph 1 of Article 4 because the case falls under any of the items contained in that paragraph, the Minister of Justice shall notify the Superintending Prosecutor of the Tokyo High Public Prosecutors Office and the offender concerned to that effect and order the Superintending Prosecutor of the Tokyo High Public Prosecutors Office to release the offender concerned.

2. When an order of release provided for in paragraph l above is issued, a public prosecutor of the Tokyo High Public Prosecutors Office shall immediately release the offender concerned.


Article 27

1. When the Superintending Prosecutor of the Tokyo High Public Prosecutors Office receives an order from the Minister of Justice as provided for in paragraph 1 of Article 4 concerning an offender for whom a permit of provisional detention has been issued, the Superintending prosecutor shall immediately cause a public prosecutor of the Tokyo High Public Prosecutors Office to notify the offender concerned that the request for surrender has been made.

2. The notification provided for in paragraph l above shall be carried out by communicating to the warden of the prison if the offender concerned is detained under a permit of provisional detention, or by forwarding a written notification to the offender concerned if the offender is not detained.

3. When the notification provided for in paragraph 1 above is made to an offender who is detained under a permit of provisional detention, such detention shall be deemed to be detention under a permit of detention; for the purposes of applying paragraph 1 of Article 8, it shall be deemed that a public prosecutor of the Tokyo High Public Prosecutors Office has taken the fugitive into custody under a permit of detention at the time of this notification.


Article 28.

1. When the Minister of Foreign Affairs is notified by a foreign country which requested provisional detention that no request for surrender of the offender concerned will be made, after forwarding the documents provided for in Article 23, the Minister of Foreign Affairs shall immediately notify the Minister of Justice to that effect.

2. When the Minister of Justice receives the notification provided for in paragraph 1 above, he/she shall immediately notify the Superintending Prosecutor of the Tokyo High Public Prosecutors Office and the offender concerned to that effect, and at the same time shall order the Superintending Prosecutor of the Tokyo High Public Prosecutors Office to release the offender concerned.

3. When an order of release provided for in paragraph 2 above is issued, a public prosecutor of the Tokyo High Public Prosecutors Office shall immediately release the offender concerned.


Article 29.

When the warden of a prison does not receive, with respect to an offender who is detained under a permit of provisional detention, the notification provided for in paragraph 2 of Article 27 within two months (or within a period of less than two months if the treaty of extradition so provides) from the day on which the offender was taken into custody, the warden shall release the offender concerned and report to that effect to the Superintending Prosecutor of the Tokyo High Public Prosecutors Office.


Article 30.

1. The provisions of paragraphs 1 to 5 of Article 22 shall apply mutatis mutandis to detention under a permit of provisional detention.

2. In the case of a detention under a permit of provisional detention which is suspended as provided for in paragraph 1 of Article 22, which has been applied mutatis mutandis pursuant to paragraph l above, when the offender concerned is notified as provided for in paragraph l of Article 27, the suspension of detention under the permit of provisional detention shall be deemed to be the suspension of detention provided for in paragraph l of Article 22.

3. In the case of a detention under a permit of provisional detention which is suspended as provided for in paragraph l of Article 22, which has been applied mutatis mutandis pursuant to paragraph 1 above, the suspended detention under a permit of provisional detention shall lose its validity in any of the following circumstances:

(1) When the notification provided for in paragraph l of Article 26, or in paragraph 2 of Article 28 is made to the offender concerned;
(2) When the notification provided for in paragraph l of Article 27 is not made to the offender concerned within two months (or within a period of less than two months if the treaty of extradition so provides) from the day on which the offender concerned was taken into custody under a permit of provisional detention.