(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.
EDIT.