Japan

Code of Criminal Procedure

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).

Keywords

Fair trial standards
Rights during trial - disclosure of evidence to defence



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