Japan

Act on International Assistance in Investigation and Other Related Matters

Chapter II Collection of Evidence

Article 14 (Measures upon Completion of Disposition)

(1) When the Chief Prosecutor has completed the collection of evidence necessary for the assistance, he/she shall promptly send the collected evidence with his/her opinion attached, to the Minister of Justice. When the head of a national agency set forth in paragraph (1), item (iii) of Article 5 has completed the collection of evidence, the same shall apply.

(2) When a Chief of Police has completed the collection of evidence necessary for the assistance, the Prefectural Public Safety Commission shall promptly send the collected evidence with its opinion attached, to the National Public Safety Commission.

(3) Upon receiving the evidence pursuant to the provision set forth in the preceding paragraph, the National Public Safety Commission shall promptly send the evidence with its opinion attached, to the Minister of Justice.

(4) The custodian of a document relating to the trial who has received the documents concerning a request for assistance pursuant to the provision of paragraph (2) of Article 5, shall promptly send the document or a certified transcript thereof with his/her opinion attached, to the Minister of Justice; but when he/she is unable to do so, he/she shall return the documents concerning the request for assistance to the Minister of Justice.

(5) When, after receiving the evidence set forth in paragraph (1), (3), or the preceding paragraph, the Minister of Justice deems it to be necessary, he/she shall determine conditions that the requesting country shall observe with respect to the use or return of the evidence.

(6) When the requesting country does not assure that it will observe the conditions set forth in the preceding paragraph, the Minister of Justice shall not provide the assistance.

Keywords

Taking of evidence - national procedures for ICC proceedings



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