Chapter II Collection of Evidence
Article 5 (Measures to Be Taken by the Minister of Justice)
(1) With respect to a request for assistance in matters other than a transfer of a sentenced inmate for testimony, except where any item in Article 2 (any item in Article 2 or 4 when the Minister of Justice receives a request for assistance pursuant to the proviso of paragraph (1) of Article 3) applies, the Minister of Justice shall, when none of the provisions of the following paragraph applies and the Minister of Justice deems it appropriate to honor the request, take one of the following measures:
(i) Send the related documents to the Chief Prosecutor of an appropriate district public prosecutors office and order the Chief Prosecutor to collect the evidence necessary for assistance;
(ii) Send the documents concerning the request for assistance to the National Public Safety Commission;
(iii) Send the documents concerning the request for assistance to the Commandant of the Japan Coast Guard, or to the head of other national agencies to which judicial police officials belong as provided by Article 190 of the Code of Criminal Procedure (Act No. 131 of 1948).
(2) With respect to a request for provision of a document pertaining to the trial which is in the custody of a court, a public prosecutor or a judicial police officer, the Minister of Justice shall send the documents pertaining to the request for assistance to the custodian of the document pertaining to the trial.
(3) The Minister of Justice may conduct an inquiry on the whereabouts of any relevant person and other necessary matters, when the Minister of Justice deems it necessary in order to take the measures provided in paragraph (1) or any other measures relating to the assistance.
Article 6 (Measures to Be Taken by the National Public Safety Commission)
Upon receiving the documents set forth in paragraph (1), item (ii) of Article 5, the National Public Safety Commission shall send the documents concerned to an appropriate Prefectural Police, and instruct it to collect the evidence necessary for the assistance.
Article 7 (Measures to Be Taken by the Chief Prosecutor)
(1) When a Chief Prosecutor receives an order set forth in paragraph (1), item (i) of Article 5, he/she shall have a public prosecutor in the office take measures to collect the evidence necessary for assistance.
(2) When the Superintendent General or the chief of Prefectural Police (hereinafter referred to as "Chief of Police") is instructed pursuant to the provision of Article 6, he/she shall cause a judicial police officer of the Prefectural Police to take the measures set forth in the preceding paragraph.
(3) When the head of a national agency receives the documents set forth in paragraph (1), item (iii) of Article 5, he/she shall have an appropriate judicial police officer of the agency take the measures set forth in paragraph (1).
Article 8 (Measures to Be Taken by a Public Prosecutor)
(1) With regard to the collection of evidence necessary for assistance, a public prosecutor or a judicial police officer may: ask any person concerned to appear before them and interview the person; request an expert opinion; make an inspection; ask the owner, possessor or custodian of a document or other materials to submit it; or ask a public office, or a public or private organization to make reports on necessary matters.
(2) With regard to the collection of evidence necessary for assistance, a public prosecutor or a judicial police officer may, if it is deemed to be necessary, undertake seizure, search, or inspection of evidence, upon a warrant issued by a judge.
(3) A public prosecutor or a judicial police officer may, when the evidence to be collected pursuant to the preceding two paragraphs is a business document or item (hereinafter in this paragraph refers to a document or any other item that is prepared or retained in the course of business) and a request for assistance in certification regarding the manner of preparation and retention of such business document or item has been made, request the person who has prepared or retained such business document or item, or any other person who is deemed to have professional knowledge regarding its preparation or retention, to submit a certificate of the matters asked for in the request.
(4) When requesting submission of a certificate pursuant to the provision of the preceding paragraph, a public prosecutor or a judicial police officer shall notify the person whom they have asked for a certificate that submission of a false certificate may result in criminal punishment.
(5) A public prosecutor or a judicial police officer may have a public prosecutor's assistant officer or a judicial police official take the measures set forth in paragraphs (1) to (3) inclusive.
Taking of evidence - national procedures for ICC proceedings
EDIT.