(Examination by the Tokyo High Court)
Article 9.
1. When the Tokyo High Court receives the application provided for in Article 8, it shall promptly begin its examination and render a decision. When the fugitive is detained under a permit of detention, the decision shall be rendered, at the latest, within two months from the day on which the fugitive was taken into custody.
2. The fugitive may obtain the assistance of counsel in relation to the examination provided for in paragraph 1 above.
3. Before rendering its decision, the Tokyo High Court shall give the fugitive and his/her counsel an opportunity to express their opinions, provided that this shall not apply in a case in which a decision is rendered in accordance with paragraph l, item (1) or (2) of Article 10.
4. The Tokyo High Court may, when it is necessary to carry out the examination provided for in paragraph l above, examine witnesses, order inquiry by an expert, and order interpretation or translation. In this case, the provisions of Chapters XI through XIII of Book I of the Code of Criminal Procedure and those of the laws, regulations and ordinances concerning expenses relating to criminal proceedings shall apply mutatis mutandis, insofar as their application does not conflict with the nature of the proceedings.
(Decision of the Tokyo High Court)
Article l0.
1. The Tokyo High Court shall, on the basis of the results of the examination provided for in paragraph l of Article 9, render its decision in the following manner:
(1) When the application for examination is not made in conformity with the requirements of the law, its decision to dismiss the application;
(2) When the case is one in which the fugitive cannot be surrendered, its decision to that effect;
(3) When the case is one in which the fugitive can be surrendered, its decision to that effect.
2. The decision provided for in paragraph 1 above shall take effect when a public prosecutor of the Tokyo High Public Prosecutors Office is notified as to its substance.
3. When the Tokyo High Court renders its decision as provided for in paragraph 1 above, the Tokyo High Court shall promptly serve a certified copy of the written decision to a public prosecutor of the Tokyo High Public Prosecutors Office and the fugitive respectively and return to the public prosecutor the related documents which the public prosecutor submitted.
Competent national judicial authority
EDIT.