In cases where exhibits are discovered and secured, two observers shall be set up.
Article 40 (Storage of Exhibits)
The storage of exhibits shall be done by the institution that handles the case record and the
criminal case. Exhibits that are difficult for the institution handling the criminal case to store
shall be sealed and stored with the institution concerned and a certificate of custody shall be
received and attached to the case record. Precious minerals collected shall be stored with a bank
and a certificate of custody received, and cash shall be deposited in the bank account concerned
at the bank and a temporary deposit certificate shall be received and attached to the case record.
Article 41 (Transfer of Control of Exhibit)
In cases where a criminal case is sent to the detective, investigator or court of another institution,
the exhibits will be handed over together with the case record. Exhibits that have already been
returned or handed over to the owner or the institution concerned or exhibits where it is not
appropriate to transfer control shall have their basis document handed over together with the
inspection report.
Article 42 (Reasons for Treatment of Exhibits at the Stage before Case Closure)
Exhibits that are rotten or may be spoilt may be returned to the owner or handed over to the
institution concerned even if it is before the criminal case is closed by decision of a detective or
investigator or the ruling of a judge. Among exhibits that are not required to be confiscated, the
goods that the owner or possessor must use may be returned to the owner even if it is before that
case is closed by decision of a detective or investigator or the ruling of a judge if no interference
is caused to the handling of the criminal case. In this case, he or she shall be informed that the
exhibit returned must not be disposed of or modified at will before the closure of the criminal
case.
Article 43 (Method of Treatment of Exhibits)
A detective or investigator who wishes to return or hand over an exhibit shall draft a written
decision and receive the approval of the prosecutor and a judge shall draft a ruling. In cases
where an exhibit has been returned or handed over, a confirmation document shall be received
from the institution concerned. Exhibits treated before a criminal case is closed shall be secured
with their characteristics, state or traces with things like an inspection report or a photo and shall
be attached to the case record with the basis document.
Article 44 (Treatment of Evidence of a Closed Criminal Case)
A detective, investigator, prosecutor, judge or court that has closed a criminal case shall
confiscate or discard exhibits that cannot be returned to the victim and the other exhibits shall be
returned to the victim or handed over to the institution concerned and shall state that fact in the
written decision, ruling, or judgment. In this case, a confirmation document shall be received