Article 22(1)In a case under public prosecution with regard to the crime set forth in Article 2, paragraph (2), item (i), (a) or (b), or item (ii), (d) of that paragraph, or the crime under Article 10, paragraph (3) or Article 11, if the court finds that there are sufficiently adequate grounds to consider specific property as confiscable pursuant to this Act or other laws and regulations (hereinafter referred to as "property subject to confiscation"), and that it is necessary for the confiscation of that property, the court may, at the request of the public prosecutor or by its authority, issue a preservation order for confiscation to prohibit the disposition of the property subject to confiscation pursuant to the provisions of this Section.

(2)In the case where the court issues or intends to issue a preservation order for confiscation with regard to property on which there exists a superficies, mortgage, or other right, and if the court finds that there are sufficiently adequate grounds to consider that such right will be extinguished through confiscation, and finds that it is necessary for the confiscation of such property, or if the court finds that there are sufficiently adequate grounds to consider that such right is fictitious, the court may, at the request of the public prosecutor or by its own authority, issue a collateral preservation order separately to prohibit the disposition of the right.

(3)A preservation order for confiscation or collateral preservation order shall contain the name of the accused, the crime, a summary of the charged facts, the clauses of laws and regulations which form the basis of confiscation, a description of the property and/or rights whose disposition is to be prohibited, the names of persons holding the property or rights (if there are separate registered holders, including such registered holders), the date of order issuance, and other matters provided in the Supreme Court Rules, and the presiding judge or authorized judge shall affix his/her name and seal to it.

(4)In urgent cases, the presiding judge may make the disposition set forth in paragraph (1) or (2) of this Article or have a member of the panel do this.

(5)Dispositions concerning preservation for confiscation (meaning the prohibition of disposition of property, etc. by issuing a preservation order for confiscation; the same applies hereinafter) are made by a judge up until the first trial date. In such case, the judge has the same authority as the court or presiding judge in relation to such dispositions.

(6)The preservation of real property or movables for confiscation shall not preclude their seizure pursuant to the provisions of the Code of Criminal Procedure.

Article 23(1)If a judge finds that there are the grounds and necessity provided in paragraph (1) or (2) of the preceding Article, the judge may, even before the institution of prosecution, make the disposition provided in paragraph (1) or (2) of the same Article at the request of the public prosecutor or judicial police personnel (with regard to judicial police personnel who are police officers, limited to those who are police inspectors or higher in rank and designated by the National Public Safety Commission or prefectural public safety commissions; the same applies in the following paragraph).

(2)Upon the issuance of a preservation order for confiscation or collateral preservation order at the request of judicial police personnel, the judicial police personnel shall promptly send relevant documents to the public prosecutor.

(3)Preservation for confiscation under paragraph (1) of this Article ceases to be effective if prosecution is not instituted within 30 days of the day of issuance of the preservation order for confiscation with regard to the case for which the preservation has been implemented; provided however, that this does not apply where prosecution is instituted with regard to any accomplice and, in connection with that accomplice, the grounds referred to in paragraph (1) of the preceding Article are present in relation to the relevant property.

(4)When a judge finds that there is a compelling reason, the judge may, at the request of the public prosecutor, renew the period referred to in the preceding paragraph every 30 days. In such case, a judicial decision for renewal becomes effective when the public prosecutor is informed of it.

(5)A request under paragraph (1) or the preceding paragraph of this Article must be made to a judge at the district court exercising jurisdiction over the area of the public agency to which the person making such request belongs.

(6)A judge who has received a request under paragraph (1) or (4) of this Article has the same authority as the court or presiding judge in relation to preservation for confiscation.

(7)When the effectiveness of preservation for confiscation under paragraph (1) of this Article is set to continue with prosecution instituted, the public prosecutor shall notify the recipient of the relevant preservation order for confiscation (except the accused) to that effect. In such case, if it is not possible to notify the recipient since the whereabouts of the recipient is unknown or due to other reasons, the public prosecutor shall give public notice to that effect by posting a notice at the posting area of the public prosecutors office for seven days, in lieu of directly notifying the recipient.

Article 24(1)When the execution of a judicial decision concerning preservation for confiscation is necessary, the decision shall be executed under the direction of the public prosecutor.

(2)A preservation order for confiscation may be executed even before the person holding the property whose disposition is to be prohibited by the order is served with a transcript of the order.

Article 25The disposition of property under preservation for confiscation (hereinafter referred to as "property preserved for confiscation") after preservation has been implemented does not become effective against confiscation: provided, however, that this does not apply to any disposition based on the procedure provided in Article 37, paragraph (1), which is applicable in the case where a judicial decision for confiscation cannot be made pursuant to the provision of the same paragraph (including procedures to which the provision of Article 37, paragraph (1) applies mutatis mutandis pursuant to the provision of Article 40, paragraph (3)), or based on auction procedures for the exercise of a security right enforceable against the property preserved for confiscation.

Article 26(1)When finding it appropriate, the court may, at the request of the person holding property preserved for confiscation and by its ruling, determine a monetary amount equivalent to the value of the property (hereinafter referred to as "substitute money") and allow payment of this amount as a substitute for the property.

(2)In making a ruling concerning a request under the preceding paragraph, the court shall hear the opinion of the public prosecutor.

(3)An immediate appeal may be filed against a ruling under paragraph (1) of this Article.

(4)When substitute money is paid, preservation for confiscation shall be deemed to be implemented on the substitute money.

Article 27(1)The preservation of real property for confiscation (meaning the real property prescribed in Article 43, paragraph (1) of the Civil Execution Act (Act No. 4 of 1979) and matters deemed as real property pursuant to the provision of paragraph (2) of the same Article; hereinafter the same applies in this Article (except in the main clause of paragraph (7)), the following Article, Article 29, paragraph (1), and Article 35, paragraph (1)) shall be executed by issuing a preservation order for confiscation to prohibit the disposition of such real property.

(2)A transcript of the preservation order for confiscation referred to in the preceding paragraph and a transcript of the written judgment of a judicial decision for renewal under Article 23, paragraph (4) (hereinafter referred to as a "judicial decision transcript on renewal") must be served to the owner of the relevant real property (or the right holder in the case of any right that is deemed to be real property pursuant to the provision of Article 43, paragraph (2) of the Civil Execution Act; and if there are separate registered holders of those real property or rights, including such registered holders).

(3)A preservation order for confiscation with regard to real property shall be executed by registering preservation for confiscation.

(4)A public prosecutor's assistant officer shall be commissioned to carry out the registration referred to in the preceding paragraph. In such case, the commissioned registration shall be carried out in accordance with documents through which the public prosecutor commands the execution of the preservation order for confiscation.

(5)The preservation of real property for confiscation becomes effective at the completion of registration of the preservation for confiscation.

(6)When the preservation of real property for confiscation becomes effective, the public prosecutor shall take measures to give public notice to that effect by posting a written public notice at the location of the real property or by other reasonable means.

(7)In the case where the registration of preservation for confiscation is carried out after a provisional disposition prohibiting the disposal of property has been registered to preserve a right to claim the registration of real property, and if the obligee connected with the provisional disposition registers the right to claim registration to be preserved, restrictions on disposition associated with the registration of preservation for confiscation shall be deemed not to be in conflict with the acquisition or extinction of the right pertaining to the registration of the provisional disposition; provided, however, that this does not apply where the registration of preservation for confiscation is carried out with the person registered as the holder of the real property being unable to assert his/her acquisition of that right against the obligee.

(8)The provisions of Article 46, paragraph (2) and Article 48, paragraph (2) of the Civil Execution Act shall apply mutatis mutandis to the preservation of real property for confiscation. In such case, the term "obligor" in Article 46, paragraph (2) of the same Act shall be replaced with "person holding property preserved for confiscation"; the term "preceding paragraph" in Article 48, paragraph (2) of the same Act with "Article 27, paragraph (4) of the Act on Punishment of Organized Crimes and Control of Proceeds of Crime"; and the term "execution court" with "public prosecutor at the public prosecutors office to which the public prosecutor's assistant officer commissioned to carry out registration belongs."

Article 28Preservation for confiscation with regard to vessels subject to registration, aeroplanes and rotorcraft that are registered pursuant to the provisions of the Civil Aeronautics Act (Act No. 231 of 1952) (simply referred to as an "aeroplane" in Article 35, paragraph (1) hereof), vehicles that are registered pursuant to the provisions of the Road Transport Vehicle Act (Act No. 185 of 1951) (simply referred to as a "vehicle" in the same paragraph), construction machinery that is registered pursuant to the provisions of the Construction Machinery Hypothecation Act (Act No. 97 of 1954) (simply referred to as "construction machinery" in the same paragraph), or small-sized vessels that are registered pursuant to the provisions of the Act on Registration, etc. of Small-Sized Vessels (Act No. 102 of 2001) (simply referred to as a "small-sized vessel" in the same paragraph) is governed by the same rules as the preservation of real property for confiscation.

Article 29(1)The preservation of movables (meaning objects other than real property or those objects prescribed in the preceding Article; hereinafter the same applies in this Article) for confiscation shall be executed by issuing a preservation order for confiscation to prohibit the disposition of such movables.

(2)A transcript of the preservation order for confiscation referred to in the preceding paragraph and a judicial decision transcript on renewal must be served to the owner of each movable (if there is a separate registered holder, including such registered holder).

(3)The preservation of a movable for confiscation becomes effective when a transcript of the preservation order for confiscation is served to its owner.

(4)When preservation for confiscation becomes effective with regard to movables that have not been seized under the Code of Criminal Procedure or movables for which a guard is assigned or that are stored by the owner or other persons pursuant to the provision of Article 121, paragraph (1) of the same Code, the public prosecutor shall take measures to give public notice to that effect by attaching a written public notice or by other reasonable means.

Article 30(1)The preservation of a claim for confiscation shall be executed by issuing a preservation order for confiscation to prohibit the obligee (if there is any separate registered holder of such claim, including such registered holder; hereinafter the same applies in this Article) from collecting the claim or disposing of it in other manners and the obligor from making payments to the obligee.

(2)A transcript of the preservation order for confiscation referred to in the preceding paragraph and a judicial decision transcript on renewal must be served to the obligee and obligor.

(3)The preservation of a claim for confiscation becomes effective when a transcript of the preservation order for confiscation is served to the obligor.

(4)The provisions of Article 150, Article 156, paragraphs (1) and (3), and Article 164, paragraph (5) of the Civil Execution Act shall apply mutatis mutandis to the preservation of claims for confiscation. In such case, the term "seized/seizure" in Article 150 and Article 156, paragraph (1) of the same Act shall be replaced with "confiscated/confiscation"; the term "an order of seizure" in Article 150 of the same Act with "preservation for confiscation"; the term "court clerk shall, upon petition" in the same Article with "public prosecutor's assistant officer shall, in accordance with documents through which the public prosecutor commands the execution of a preservation order for confiscation"; the term "A third party obligor" in Article 156, paragraphs (1) and (3) of the same Act with "An obligor"; the term "execution court" in paragraph (3) of the same Article with "court that has issued the relevant preservation order for confiscation"; and the terms "seized claim," "a payment or a statutory deposit," "court clerk shall, upon petition," and "when the petition for execution against a claim has been withdrawn or when an order to revoke an order of seizure has become final and binding" in Article 164, paragraph (5) of the same Act with "claim preserved for confiscation," "a deposit," "public prosecutor's assistant officer shall, in accordance with documents through which the public prosecutor commands this officer to undertake a commission to delete registrations," and "when the preservation for confiscation has ceased to be effective or when substitute money has been paid," respectively.

Article 31(1)The preservation for confiscation with regard to a property right other than the property provided in Article 27 through the preceding Article (hereinafter referred to as "any other property right" in this Article) is governed by the same rules as the preservation of claims for confiscation unless otherwise specifically provided in this Article.

(2)The preservation for confiscation with regard to any other property right for which there is no obligor or other person equivalent thereto (except for the right provided in the following paragraph) becomes effective when a transcript of the preservation order for confiscation is served to the right holder.

(3)The provisions of Article 27, paragraphs (3) through (5) and (7) hereof, and the provision of Article 48, paragraph (2) of the Civil Execution Act, shall apply mutatis mutandis to any other property right whose transfer requires registration. In such case, the term "preceding paragraph" in the same paragraph shall be replaced with "Article 27, paragraph (4) of the Act on Punishment of Organized Crimes and Control of Proceeds of Crime, which are applied mutatis mutandis to Article 31, paragraph (3) of the same Act"; and the term "execution court" with "public prosecutor at the public prosecutors office to which the public prosecutor's assistant officer commissioned to carry out registration belongs."

Article 32(1)When there is no longer any grounds or necessity for preservation for confiscation, or the period of preservation for confiscation has been unduly long, the court shall, at the request of the public prosecutor or the person holding the relevant property preserved for confiscation (if this person is the accused, including the defense counsel of this person) or by its authority, and by its ruling, revoke the preservation order for confiscation.

(2)In making a ruling under the preceding paragraph, the court shall hear the opinion of the public prosecutor, except when making such ruling is at the request of the public prosecutor.

Article 33(1)Upon the announcement of a judicial decision of acquittal, dismissal by a bar to prosecution, or dismissal of prosecution (except in cases under Article 338, item (iv) and Article 339, paragraph (1), item (i) of the Code of Criminal Procedure), or upon the announcement of a judicial decision of conviction without confiscation rendered, the preservation order for confiscation ceases to be effective.

(2)The provisions of Article 23, paragraphs (3) and (4) shall apply mutatis mutandis to the effect of preservation for confiscation in the case of a judicial decision of dismissal of prosecution under Article 338, item (iv) or Article 339, paragraph (1), item (i) of the Code of Criminal Procedure. In such case, the term "the day of issuance of the preservation order for confiscation" in paragraph (3) of the same Article shall be replaced with "the day on which a judicial decision of dismissal of prosecution has become final and binding."

Article 34When preservation for confiscation ceases to be effective or substitute money is paid, the public prosecutor shall promptly commission a public prosecutor's assistant officer to delete the registered preservation for confiscation, etc., and shall remove relevant written public notices and take other necessary measures. In such case, the commissioned deletion of the registered preservation for confiscation, etc. shall be carried out in accordance with documents through which the public prosecutor commands the execution of the commission.

Article 35(1)After preservation for confiscation has been implemented, if a commencement order for compulsory auction is made for any real property, vessel (meaning vessels as provided in Article 112 of the Civil Execution Act), aeroplane, vehicle, construction machinery, or small-sized vessel under preservation, or if a seizure through compulsory execution is executed with regard to any movable (meaning movables as provided in Article 122, paragraph (1) of the same Act; the same applies in Article 42, paragraph (2) hereof) under preservation, the procedure of sale through compulsory execution may not be implemented until after the preservation for confiscation has ceased to be effective or substitute money has been paid.

(2)If an order or disposition of seizure through compulsory execution is made for a claim (meaning claims as provided in Article 143 of the Civil Execution Act; the same applies hereinafter) that has been preserved for confiscation, the obligee who is enforcing the seizure may not recover, or make a demand under Article 163, paragraph (1) of the same Act for, the claim subject to the seizure insofar as its portion under preservation for confiscation is concerned, until after the preservation for confiscation has ceased to be effective or substitute money has been paid.

(3)The provision of paragraph (1) of this Article shall apply mutatis mutandis to a claim for which an order or disposition of seizure through compulsory execution is made after its preservation for confiscation has been implemented, and also that is subject to a condition or with a due date or when it is difficult to recover such claim since it relates to counter-performance or due to other grounds.

(4)Compulsory execution against any other property right (meaning any other property right as provided in Article 167, paragraph (1) of the Civil Execution Act) that is preserved for confiscation is governed by the same rules as compulsory execution against claims that are preserved for confiscation.

Article 36(1)If the obligor of a monetary claim (hereinafter referred to as a "third party obligor") is served with an order or disposition of seizure through compulsory execution with regard to that claim that has been preserved for confiscation, the obligor may deposit an amount of money equivalent to the full amount of the claim with the official depository having jurisdiction over the place of performance of the obligation concerned.

(2)Upon making a deposit under the preceding paragraph, the third party obligor shall notify the court that has issued the relevant preservation order for confiscation about the circumstances of such deposit.

(3)If a deposit is made under paragraph (1) of this Article, the execution court that has issued the order of seizure, or the court clerk that has made the disposition of seizure, shall distribute, or deliver as payment money, a portion of the deposited amount equivalent to the amount of the monetary claim preserved for confiscation when the preservation for confiscation ceases to be effective or substitute money is paid, and the remaining amount of the deposit when the deposit is made.

(4)The provisions of paragraphs (1) and (2) of this Article shall apply mutatis mutandis to deposits at official depositories made by third party obligors in the case where the relevant monetary claims seized through compulsory execution are preserved for confiscation. In such case, the term "court that has issued the relevant preservation order for confiscation" in paragraph (2) shall be replaced with "execution court (if a disposition of seizure has been made, the court clerk that has made that disposition)."

(5)In the application of Article 165 of the Civil Execution Act (including as applied apply mutatis mutandis (excluding items (iii) and (iv) thereof) pursuant to Article 167-14, paragraph (1) of the same Act; hereinafter the same applies in this paragraph) when a deposit is made under paragraph (1) of this Article (including as applied mutatis mutandis pursuant to the preceding paragraph), the term "Article 156, paragraph (1) or (2)" in Article 165, item (i) of the aforementioned Act shall be replaced with "Article 36, paragraph (1) of the Act on Punishment of Organized Crimes and Control of Proceeds of Crime (including as applied mutatis mutandis pursuant to paragraph (4) of the same Article."

Article 37(1)A judicial decision for confiscation of property may not be made if a commencement order for compulsory auction has been made for the property, or the property has been seized through compulsory execution, before its preservation for confiscation; provided, however, that this does not apply where the claim of the obligee effecting the seizure is fictitious, the obligee effecting the seizure made an application for compulsory execution with knowledge that the property was property subject to confiscation, or the obligee effecting the seizure is the criminal.

(2)With regard to a superficies or other right that exists on property subject to confiscation and whose disposition has been prohibited by a collateral preservation order, if that property is to be confiscated in the case where a commencement order for compulsory auction has been made for the property, or the property has been seized through compulsory execution, prior to the prohibition of disposition of the right, the right shall be kept in existence, and a pronouncement to that effect must be made at the same time as the rendering of confiscation; provided, however, that this does not apply where the claim of the obligee effecting the seizure is fictitious, the obligee effecting the seizure made an application for compulsory execution with knowledge that the right was to be extinguished due to confiscation, or the obligee effecting the seizure is the criminal.

(3)In the case where a preservation order for confiscation is made with regard to property for which a commencement order for compulsory auction has been made or that has been seized through compulsory execution, a judicial decision for confiscation may not be made in relation to such property if the obligee effecting the seizure (other than the accused if the accused is such obligee) is not allowed to intervene in the proceedings of the relevant case under public prosecution. The same shall apply with respect to the confiscation of property in the case prescribed in the preceding paragraph.

(4)The provisions of Article 18, paragraphs (4) and (5) shall apply mutatis mutandis where a judicial decision for confiscation has become final and binding without the pronouncement referred to in paragraph (2) of this Article in relation to any right to be kept in existence pursuant to the provision of the same paragraph; and the provision of Article 18, paragraph (6) shall apply mutatis mutandis to the procedure for confiscation referred to in the preceding paragraph.

Article 38(1)When the court finds that there are sufficiently adequate grounds to consider that any of the reasons referred to in the proviso of paragraph (1) of the preceding Article exists in the case where the court issues or intends to issue a preservation order for confiscation with regard to the property for which a commencement order for compulsory auction has been made or that has been seized through compulsory execution, the court may, at the request of the public prosecutor or by its authority, and by its ruling, order a stay of compulsory execution.

(2)When the public prosecutor submits a transcript of the written judgment concerning the ruling referred to in the preceding paragraph to the execution court (if a disposition of seizure has been made, the court clerk that has made that disposition; hereinafter the same applies in this paragraph), the execution court shall stay the relevant compulsory execution. In such case, the document referred to in Article 39, paragraph (1), item (vii) of the Civil Execution Act shall be deemed to be submitted in relation to the application of the provisions of the same Act.

(3)If preservation for confiscation ceases to be effective, substitute money is paid, the grounds referred to in paragraph (1) of this Article no longer exist, or the period of stay of compulsory execution has become unduly long, the court shall, at the request of the public prosecutor or the obligee effecting the relevant seizure or by its authority, and by its ruling, revoke the order of stay referred to in the same paragraph. In such case, the provision of Article 32, paragraph (2) shall apply mutatis mutandis.

Article 39(1)A security right that exists on property preserved for confiscation, and that came into existence after the preservation of the property had been implemented or whose disposition has been prohibited by a collateral preservation order may be exercised (except for seizure) only after the preservation for confiscation or the prohibition of disposition by the order has ceased to be effective or substitute money has been paid.

(2)If a collateral preservation order is made in relation to a security right after the commencement of auction procedures for the exercise of the right, and the public prosecutor thereafter submits a transcript of the order, the execution court shall stay those procedures. In such case, the document referred to in Article 183, paragraph (1), item (vii) of the Civil Execution Act (including as applied mutatis mutandis pursuant to Article 189, Article 192, or Article 193, paragraph (2) of the same Act) shall be deemed to be submitted in relation to the application of the provisions of the same Act.

Article 40(1)The provisions of Article 35 shall apply mutatis mutandis to restrictions on relevant procedures in the case where property under preservation for confiscation is seized on the basis of a disposition of delinquency (meaning the disposition of delinquency under the National Tax Collection Act (Act No. 147 of 1959) and other dispositions of delinquency made with reference to the same Act; the same applies hereinafter), or in the case where the person holding property under preservation for confiscation becomes subject to an order of commencement of bankruptcy proceedings, an order of commencement of rehabilitation proceedings, or a prohibition order under Article 28, paragraph (1) of the Act on Recognition of and Assistance for Foreign Insolvency Proceedings (Act No. 129 of 2000) in connection with recognition and assistance proceedings (referred to as an "order of commencement of bankruptcy proceedings, etc." in paragraph (3) of this Article), or where a company or other corporation that holds property under preservation for confiscation becomes subject to an order of commencement of reorganization proceedings or an order of commencement of special liquidation (referred to as an "order of commencement of reorganization proceedings, etc." in the aforementioned paragraph).

(2)The provisions of Article 36 shall apply mutatis mutandis to third party obligors' deposits in the case where the monetary claim under preservation for confiscation is seized on the basis of a disposition of delinquency or where the monetary claim seized on the basis of a disposition of delinquency is placed under preservation for confiscation; and the provisions of paragraphs (1), (2), and (4) of the same Article shall apply mutatis mutandis to third party obligors' deposits in the case where provisional seizure is executed in relation to the monetary claim under preservation for confiscation or where the monetary claim for which provisional seizure has been executed is placed under preservation for confiscation.

(3)The provisions of Article 37 shall apply mutatis mutandis to restrictions on confiscation of property in the case where provisional seizure has been executed in relation to the property before it is preserved for confiscation, or in the case where the disposition of any superficies or other right that exists on the property subject to confiscation is prohibited by a collateral preservation order, and the provisional seizure of the property has been executed prior to the prohibition of disposition of the right; the provision of the main clause of paragraph (1) of the same Article shall apply mutatis mutandis to restrictions on confiscation of property in the case where the property has been seized on the basis of a disposition of delinquency before the property is preserved for confiscation, or in the case where an order of commencement of bankruptcy proceedings, etc. has been made against the person holding the property before it is preserved for confiscation, or where an order of commencement of reorganization proceedings, etc. has been made against the company or other corporation holding the property before it is preserved for confiscation; and the provision of the main clause of paragraph (2) of the same Article shall apply mutatis mutandis to restrictions on confiscation of property in the case where the disposition of any superficies or other right that exists on the property subject to confiscation is prohibited by a collateral preservation order, and the property has been seized on the basis of a disposition of delinquency prior to the prohibition of disposition of the right, or in the case where the disposition of any superficies or other right that exists on the property subject to confiscation is prohibited by a collateral preservation order, and an order of commencement of bankruptcy proceedings, etc. has been made against the person holding that property prior to the prohibition of disposition of the right, or where the disposition of any superficies or other right that exists on the property subject to confiscation is prohibited by a collateral preservation order, and an order of commencement of reorganization proceedings, etc. has been made against the company or other corporation holding that property prior to the prohibition of disposition of the right.

(4)The provisions of Article 38 shall apply mutatis mutandis to the stay of compulsory execution in the case where a preservation order for confiscation is issued or intended to be issued in relation to the property for which provisional seizure has been executed.

Article 41(1)A collateral preservation order remains effective during the period in which preservation for confiscation associated with the order is effective, unless substitute money is paid.

(2)Provisions concerning preservation for confiscation shall apply mutatis mutandis to the prohibition of disposition imposed by a collateral preservation order, except as otherwise provided.

Article 42(1)In a case under public prosecution with regard to the crime set forth in Article 2, paragraph (2), item (i), (a) or (b), or item (ii), (d) of that paragraph, or the crime under Article 10, paragraph (3) or Article 11, when the court finds that there are sufficiently adequate grounds to consider that a sum of equivalent value to illicit property should be collected pursuant to this Act or other laws and regulations, and that there is a likelihood that it will be impossible or extremely difficult to execute a judicial decision for collection of a sum of equivalent value, the court may, at the request of the public prosecutor or by its authority, issue a preservation order for collection of a sum of equivalent value to prohibit the accused from disposing of the property.

(2)For a preservation order for collection of a sum of equivalent value, an amount of money deemed to be appropriate for preservation in ensuring the execution of a judicial decision for collection of a sum of equivalent value shall be determined (referred to as a "preservation amount for collection" in paragraph (4) of this Article), and such order must be made for specific property; provided, however, that with regard to movables, such order may be made without specifying a particular target movable.

(3)With regard to a preservation order for collection of a sum of equivalent value in connection with property whose disposition is to be prohibited, an amount of money that the accused needs to pay in order to be granted a stay of execution of the order or to have dispositions made for the execution of the order revoked shall be determined (hereinafter referred to as "money for release from preservation for collection").

(4)A preservation order for collection of a sum of equivalent value shall contain the name of the accused, the crime, a summary of the charged facts, the clauses of laws and regulations which form the basis of collection of a sum of equivalent value, the preservation amount for collection, a description of the property whose disposition is to be prohibited, the amount of money for release from preservation for collection, the date of order issuance, and other matters provided in the Supreme Court Rules, and the presiding judge or authorized judge shall affix his/her name and seal to it.

(5)The provisions of Article 22, paragraphs (4) and (5) shall apply mutatis mutandis to preservation for collection of a sum of equivalent value (meaning the prohibition of disposition by a preservation order for collection of a sum of equivalent value; the same applies hereinafter).

Article 43(1)When a judge finds that there are sufficiently adequate grounds to consider that the collection of a sum of equivalent value should be conducted pursuant to the provision of Article 16, paragraph (3), and finds that it is necessary as provided in paragraph (1) of the preceding Article, the judge may, at the request of the public prosecutor, make the disposition prescribed in the same paragraph even before the institution of prosecution.

(2)The provision of the main clause of paragraph (3) of Article 23 and the provisions of paragraphs (4) through (6) thereof shall apply mutatis mutandis to preservation for collection of a sum of equivalent value under the preceding paragraph.

Article 44(1)A preservation order for collection of a sum of equivalent value shall be executed by order of the public prosecutor. This preservation order has the same effect as an order of provisional seizure under the Civil Provisional Remedies Act (Act No. 91 of 1989).

(2)A preservation order for collection of a sum of equivalent value may be executed even before a transcript of the order is served to the accused or suspect.

(3)Beyond what is specifically provided for in this Act, a preservation order for collection of a sum of equivalent value shall be executed pursuant to the Civil Provisional Remedies Act and other laws and regulations concerning procedures for the execution of provisional seizure. In such case, the execution of provisional seizure, which is, pursuant to those laws and regulations, under the jurisdiction of the court that has issued the order of provisional seizure as the court executing the provisional remedy, shall be under the jurisdiction of the court corresponding to the public prosecutors office to which the public prosecutor that issued the order under paragraph (1) of this Article belongs.

Article 45(1)If the obligor of a monetary claim, for which provisional seizure based on a preservation order for collection of a sum of equivalent value has been executed, deposits an amount equivalent to the amount of the claim with an official depository, the provisional seizure shall be deemed to be executed in relation to the obligee's right to claim a refund of the deposit money.

(2)The provision of the preceding paragraph shall not apply to any portion of deposit money in excess of the amount of money for release from preservation for collection.

Article 46(1)If a judicial decision for collection of a sum of equivalent value becomes final and binding, or a judicial decision for provisional payment is rendered, after the money for release from preservation for collection has been paid, the judicial decision for collection or provisional payment shall be deemed to be executed to the extent of the amount paid.

(2)If the collection of a sum of equivalent value is rendered and the paid amount of money for release from preservation for collection exceeds the amount due for collection, the amount in excess must be refunded to the accused.

Article 47When there is no longer any grounds or necessity for preservation for collection of a sum of equivalent value, or the period of preservation for collection of a sum of equivalent value has become unduly long, the court shall, at the request of the public prosecutor, the accused, or the defense counsel of the accused or by its authority, and by its ruling, revoke the preservation order for collection of a sum of equivalent value. In such case, the provision of Article 32, paragraph (2) shall apply mutatis mutandis.

Article 48(1)Upon the announcement of a judicial decision of acquittal, dismissal by a bar to prosecution, or dismissal of prosecution (except in cases under Article 338, item (iv) and Article 339, paragraph (1), item (i) of the Code of Criminal Procedure), or upon the announcement of a judicial decision of conviction without the collection of a sum of equivalent value rendered, the preservation order for collection of a sum of equivalent value ceases to be effective.

(2)The provisions of Article 33, paragraph (2) hereof shall apply mutatis mutandis to the effect of a preservation order for collection of a sum of equivalent value in the case of a judicial decision of dismissal of prosecution under Article 338, item (iv) or Article 339, paragraph (1), item (i) of the Code of Criminal Procedure.

Article 49When a preservation order for collection of a sum of equivalent value ceases to be effective or the money for release from preservation for collection is paid, the public prosecutor shall promptly revoke the order made pursuant to the provision of Article 44, paragraph (1) and take necessary measures to stay the execution of provisional seizure based on the order or revoke already executed provisional seizure.

Article 50Except as otherwise specifically provided for by the Supreme Court Rules, the provisions of laws and regulations concerning civil procedure shall apply mutatis mutandis to the service of documents concerning preservation for confiscation or for collection of a sum of equivalent value (except for the execution of provisional seizure based on a preservation order for collection of a sum of equivalent value; hereinafter the same applies in this Section). In such case, the period after which service by publication other than such service prescribed in Article 110, paragraph (3) of the Code of Civil Procedure (Act No. 109 of 1996) becomes effective shall be seven days notwithstanding the provision of the main clause of Article 112, paragraph (1) and the provision of paragraph (2) of the same Code.

Article 51With respect to a case where the time limit for filing an appeal has not yet expired and an appeal has not yet been filed, or a case for which an appeal has been filed but the case record has not yet arrived at the appellate court, if a disposition pertaining to preservation for confiscation or for collection of a sum of equivalent value is to be made, the court of prior instance shall make such disposition.

Article 52(1)An appeal may be filed against a ruling made by a court in relation to preservation for confiscation or for collection of a sum of equivalent value; provided, however, that the lack of sufficiently adequate grounds to consider that confiscation or collection of a sum of equivalent value should be effected (including the lack of the grounds prescribed in Article 22, paragraph (2) in relation to rulings thereunder, and the lack of the grounds prescribed in Article 38, paragraph (1) in relation to rulings thereunder (including as applied mutatis mutandis pursuant to Article 41, paragraph (2)) may not constitute grounds for such appeal.

(2)A person who is dissatisfied with a judicial decision rendered by a judge in relation to preservation for confiscation or for collection of a sum of equivalent value may file a request for revocation or modification of the judicial decision with the court to which the judge concerned belongs (for a judicial decision rendered by a judge at a summary court, the district court with jurisdiction over the location of the summary court). In such case, the provision of the proviso of the preceding paragraph shall apply mutatis mutandis.

(3)The appealing procedure under the preceding paragraph shall be governed by the same rules as the procedure for filing a request for revocation or modification of a judicial decision rendered by a judge as provided in Article 429, paragraph (1) of the Code of Criminal Procedure.

Article 53Beyond what is specifically provided for in this Act, the provisions of the Code of Criminal Procedure shall apply mutatis mutandis to procedures pertaining to preservation for confiscation and for collection of a sum of equivalent value.