CHAPTER  XI SEARCH AND SEIZURE

Article 122
If necessary, the person, property, electronic record, dwelling, or other premises of an accused or a suspect may be searched.
The person, property, electronic record, dwelling, or other premises of a third party may be searched only when there is probable cause to believe that the accused or the suspect, or property or electronic record subject to seizure is there.

Article 123
Search of the person of a female shall be conducted by a woman unless it is impossible.

Article 124
A search shall be kept secret, and attention shall be paid to the reputation of the person searched.

Article 125
If no property subject to seizure is found, a certificate to that effect shall be given to the person who was searched.

Article 126
If a document or other thing held or kept by a public office or public official is to be seized, a request shall be made for its surrender, provided that a search may be made if necessary.

Article 127
A place which must be kept secret for military purposes shall not be searched without the permission of the officer in charge.
Under the circumstance specified in the preceding section, the permission cannot be withheld except for the possibility of violation of major national interests.

Article 128
A search warrant is required to conduct a search.
A search warrant shall contain the following matters:
(1) Offense charged;
(2) The accused or suspect to be searched or the property to be seized; if the accused or suspect is unknown the, same can be waived;
(3) The place, person, property or electronic record to be searched;
(4) The period that the warrant remains valid shall be specified; no search can be made after the expiration date; search warrant shall be returned after its execution.
A search warrant shall be signed by a judge; the judge may specify proper instructions, to be followed by the person executing the search, on the search warrant.
The procedure in issuing of the search warrant shall not be open to the public.

Article 128-1
During the investigation stage, if the public prosecutor deems that a search is necessary, he shall apply for a search warrant to the court concerned in writing, containing the matters specified in section II of the preceding article, together with the reason thereof, except for the circumstances specified in section II of Article 131.
A judicial police officer, for the purpose of investigating the details of offense committed by the suspect and gathering evidences of the offense, may, if necessary, after obtaining permission from the public prosecutor, apply for a search warrant from the court concerned.
If the application specified in the preceding two sections is denied, the ruling is not appealable.

Article 128-2
A search shall be conducted by a public prosecuting affairs official, judicial police officer, or judicial policeman unless it is personally made by a judge or public prosecutor.
A public prosecuting affairs official in conducting a search, may seek assistance from the judicial police officer or judicial policeman if necessary.

Article 129
(Deleted)

Article 130
An accused or a suspect arrested with or without a warrant or detained by a public prosecutor, public prosecuting affairs official, judicial police officer, or judicial policeman, may be searched without a search warrant. The same shall apply to the items he is carrying, the transportation vehicle he is using, and the premises within his immediate control.

Article 131
A public prosecutor, public prosecuting affairs official, judicial police officer, or judicial policeman may search a dwelling or other premises without a search warrant, under one of the following circumstances:
(1) To arrest an accused or a suspect with or without a warrant or to detain him, provided that there are facts sufficient to justify a conclusion that the accused or criminal suspect is therein;
(2) To pursue a person in flagrante delicto or to arrest, without a warrant, a person who has escaped, provided that there are facts sufficient to justify a conclusion that the said person is therein;
(3) When there are obvious facts to believe that a person inside the premise is committing a crime and the circumstances are urgent.
During the investigation stage, a public prosecutor may conduct a search without a warrant or instruct the public prosecuting affairs official, judicial police officer, or judicial policeman to do it and report the same to the public prosecutor general, if there really are probable cause to believe that circumstances are exigent and there are sufficient facts to justify an apprehension that the evidence shall be destroyed, forged, altered, or concealed within twenty four hours unless a search is conducted immediately.
If the search specified in the preceding two sections is conducted by a public prosecutor, the same shall be reported to the court concerned within three days.  If it is conducted by a public prosecuting affairs official, judicial police officer, or judicial policeman, the same shall be reported to the public prosecutor of the public prosecutor office concerned and the court within three days.  If the court decides that the search should not be approved, the court shall cancel it within five days.
If the search conducted under section I or II has not been reported to the court concerned, or has been canceled by the court, the court at trial may declare the things seized inadmissible as evidence.

Article 131-1
A search may be made without a search warrant with the voluntary consent of the person being searched, provided that the person conducting the search shall show his proof of identity to the person being searched, and put the fact of the consent being given in the records.

Article 132
If a search is resisted, force may be used, but such force may not be excessive.

Article 132-1
After executing the search warrant issued upon application, the public prosecutor, or judicial police officer shall report the results to the court issuing the search warrant; if it cannot be executed, the reasons shall be explained thereof.

Article 133
A thing which can be used as evidence or is subject to confiscation may be seized.
The owner, possessor, or custodian of the property subject to seizure may be ordered to surrender or deliver it.

Article 134
A document or other property in the possession or custody of a public office, public official, or former public official which should be kept confidential for official reasons may not be seized without the permission of a supervisory public office or the public official in charge.
The permission specified in the preceding paragraph may not be withheld unless it is contrary to the interests of the State.

Article 135
Mail or a telegram which is in the possession or custody of a post office, telegraph office, or an official thereof may be seized under one of the following circumstances:
(1) If there is probable cause to believe that it is connected to the case.
(2) If it is sent by or to an accused, provided that mail or a telegram between an accused and his defense attorney may not be seized unless it is considered to be evidence of an offense; or it is apprehended that the addressee or the addresser may destroy, forge, or alter evidence or conspire with a co-offender or witness, or the accused has absconded.
If the seizure specified in the preceding section is executed, the addressee or the addresser of the mail or a telegram shall be notified unless it would interfere with judicial proceeding.

Article 136
A seizure shall be executed by a public prosecuting affairs official, judicial police officer, or judicial policeman, unless it is personally executed by a judge or public prosecutor.
If a public prosecuting affairs official, judicial police officer or judicial policeman, or public prosecutor is ordered to execute a seizure, the matters concerned shall be entered on the search warrant given to him.

Article 137
Property which should be seized for the same case and which is discovered by a public prosecutor, public prosecuting affairs officer, judicial police officer or judicial policeman during the execution of a search or seizure may be seized notwithstanding that it is not listed in the search warrant.
The provision of section III of Article 131 shall apply mutatis mutandis to the circumstances under the preceding section.

Article 138
If an owner, possessor, or custodian of property which should be seized refuses to surrender or deliver it or resists the seizure without justified cause, such seizure may be effected by force.

Article 139
A receipt listing in detail the property seized shall be given to the owner, possessor, or custodian.
Seized property shall be sealed up or otherwise marked; the public office or official executing the seizure shall place a seal on the property seized.

Article 140
Appropriate measures shall be taken to protect property against loss or damage.
A person may be ordered to guard seized property which is inconvenient to transport or preserve, or the owner or other proper person may be ordered to preserve it.
Seized property which is dangerous may be destroyed.

Article 141
If it is apprehended that seized property which may be forfeited will be lost or damaged, or if it is inconvenient to preserve it, it may be sold at an auction and the proceeds retained.

Article 142
If it appears unnecessary to retain seized property until the conclusion of a case, it shall be returned by a ruling of the court or an order of the public prosecutor; if a third party does not claim the seized stolen property, it shall be returned to the victim.
Seized property may temporarily be returned to the owner, possessor, or custodian if he asks for return of property and undertakes to preserve it.

Article 143
The provisions of the preceding four articles shall apply mutatis mutandis to property which has been left at the scene of the crime by an accused, suspect, or third person, or voluntarily surrendered or delivered over by its owner, possessor or custodian and which has been retained.

Article 144
Locks and seals may be broken or other necessary measures taken to execute a search or seizure.
In executing the search or seizure, the premises subject to search may be closed to public and the person therein be ordered not to leave, or any person other than the accused, suspect, or a third person, specified in the preceding article may be prohibited to enter the premises.
A violator of the restraining order specified in the preceding section shall be ordered to leave or put into the custody of an appropriate person until the executing proceeding is completed.

Article 145
In executing a search or seizure, the judge, public prosecutor, public prosecuting affairs officer, judicial police officer, or judicial policeman shall show the warrant to the person present as specified in Article 148, unless the search or seizure is the one that may be effected without a warrant as specified in other provisions.

Article 146
No occupied or guarded dwelling or other premises may be entered and searched or property seized at night unless the occupant, watchman, or his representative gives permission, or the circumstances are urgent.
If a search or seizure is executed at night, the reason therefore shall be stated in the record.
A search or seizure begun during the day may be continued till night.
The provision of section III of Article 100-3 shall apply mutatis mutandis to search and seizure executed at night.

Article 147
The following premises may be entered at night for a search or seizure:
(1) A place occupied or used by a person on parole;
(2) A hotel, restaurant, or other premises open to the public at night during the period that it is open;
(3) A place frequently used for gambling, committing sexual offense against victim's free will, or committing offenses against morality.

Article 148
If a search or seizure is executed in an occupied or guarded dwelling or other premises, the occupant, watchman, or his representative shall be ordered to be present; in their absence, a neighbor or an official of a nearby self-governing body may be ordered to be present.

Article 149
If a search or seizure is to be executed in a public office, military camp, naval vessel, or secret military place, the officer in charge thereof or his representative shall be notified to be present.

Article 150
The parties and the defense attorney during the stage of trial may be present at a search or seizure unless an accused is in confinement or it is considered that his presence would interfere with the search or seizure.
If it is considered to be necessary, an accused may be ordered to be present when a search or seizure is executed.
The time, date, and place of a search or seizure shall be communicated to the person who may be present in accordance with the preceding two sections unless circumstances are urgent.

Article 151
If a search or seizure is temporarily suspended, the premises shall be locked and a person ordered to guard such premises if necessary.

Article 152
If property which should be seized for another case is discovered while executing a search or seizure, such property may be seized and delivered to the court or public prosecutor having jurisdiction.

Article 153
The presiding judge or public prosecutor may request the judge or public prosecutor of the place where a search or seizure is to be made to execute such search or seizure.
If the requisitioned judge or public prosecutor discovers that the search or seizure shall be executed at another place, the judge or public prosecutor of such place may in turn forward such request to the judge or public prosecutor concerned.