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.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

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

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

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

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

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

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

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.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

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.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

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.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

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.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

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.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

(Deleted)

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

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.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

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.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

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.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

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

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

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.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

An item which can be used as evidence, or that is subject to confiscation, may be seized.
To ensure a forced collection, a certain portion of the property of the suspect, accused, or a third party, may be seized with discretion as required.
The owner, holder, or custodian of the items to be seized shall bring forward or deliver the items as ordered.
The competent authority should be notified and a registration method should be used when seizing real estate, ships, or aircraft.
To seize creditors' rights, a seizure order may be issued to prohibit a collection from debtors, or other sanctions, and to prohibit the action of paying off for the accused or a third party.
The seizure, as implemented under this Code, has the effect of prohibiting a disposition. It does not impede the seal or seizure of provisional attachment, provisional injunction of civil proceedings, or the enforcement of a final judgment.

A seizure that is not covered by a search warrant shall be adjudicated by a judge, except when the item is seized for evidence, or the obligee of the seizure target has given consent.
In the consent scenario, as described in the preceding paragraph, the enforcer shall present his/her credentials, and inform the obligee of the seizure target that he/she has the right to refuse the seizure, and that there is no requirement to give consent against his/her will, and then a record of his/her consent response is entered in the transcript.
The ruling, as referred to in the first paragraph, shall include the following information:
1. Case summary.
2. The identity of the person receiving the seizure ruling, and the seizure target description. However, this information may be omitted if the identity of the person receiving the seizure ruling is unknown.
3. Enforcement validity and instructions for suspended enforcement when the validity expires. The judge may also state additional appropriate instructions to enforcers of this ruling.
The procedures for issuing the ruling, as referred to in the first paragraph, shall not be made public.

During an investigation, if the prosecutor deems it necessary to apply for a seizure ruling, a written request, including the information as described in Paragraph 3 Subparagraph 1 and Subparagraph 2 of the preceding Article, along with detailed reasons for the request, shall be submitted to the court concerned with making the ruling.
If a judicial police officer finds it necessary to make a seizure, he/she may submit a request to the concerned court for the issuance of a seizure ruling pursuant to the provisions of the preceding paragraph after obtaining the prosecutor's permission.
If, during an investigation, the prosecutor, prosecuting investigator, judicial police officer, or judicial police deems that there is sufficient cause and urgency for an immediate seizure, then such seizure may be enforced directly; the prosecutor may also command the prosecuting investigator, judicial police officer, or judicial police to enforce this seizure.
The seizure, as described in the preceding paragraph, shall be reported to the concerned court within three days of the execution if it is implemented by the prosecutor; and shall be reported to the prosecutor of the concerned prosecutors office and the court within three days of execution if it is implemented by the prosecuting investigator, judicial police officer, or judicial police. If the court deems that such action is not permitted, the seizure must be revoked within five days.
If the request, as referred to in paragraphs 1 and 2, is rejected, the decision shall not be challenged.

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.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

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.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

A seizure, in addition to being enforced by a judge or the prosecutor themselves, may be conducted by a prosecuting investigator, judicial police officer, or judicial police, as ordered by the judge or prosecutor.
If a prosecuting investigator, judicial police officer, or judicial police is ordered to conduct the seizure, a case summary should be stated in the given search warrant or seizure ruling.

When the prosecutor, prosecuting investigator, judicial police officer, or judicial police are conducting a search or seizure operation, if there are objects that should be seized in relation to the case but not listed in the search warrant or seizure ruling, such objects may be seized.
The provisions of Article 131 paragraph 3 shall apply mutatis mutandis to the case, as described in the preceding paragraph.

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.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

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.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

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.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

If the seized property, as confiscated or forced collected, may be lost, damaged, lose value, difficult to keep, or too expensive to keep, it may be sold for its value and the proceeds of which shall be retained.
The sale, as referred to in the preceding paragraph, shall be conducted by the prosecutor, if such action occurs during an investigation; and it shall be conducted by the Civil Execution Department of a district court at the court's request, if such action occurs during a trial.

Where the retention of seized property is no longer necessary, the seized property shall be returned to the owner, by a ruling of the court or an order of the public prosecutor, before the conclusion of the case. Where the seized property constitutes stolen property and is not claimed by any third party, it shall be returned to the victim of the crime.
Seized property, upon a request made by the owner, possessor, or custodian, may on a provisional basis be returned to the person who made the said request, who shall be ordered to bear the obligation to preserve the property concerned.
The owner, possessor, or custodian of the seized property, with justifiable cause, may request copies of the seized property during the trial stage accompanied by posting the deposit for the necessary fees in advance.

If the court or the prosecutor deems it appropriate at the request of the owner or the obligee of the seized property, as confiscated or forced collected, the court or the prosecutor can rule to set, or order, a commensurate amount of guarantee money, and after such guarantee money is paid, revoke the seizure.
The provisions of Article 119-1 apply mutatis mutandis to the deposit, interest calculation, and return of guarantee money.

The provisions of the preceding five Articles shall apply mutatis mutandis to the object that the accused, suspect, or a third party left at the crime scene, or to the object voluntarily submitted or delivered by its owner, holder, or custodian, which has been retained.

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.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

When conducting a search, or a seizure, the judge, prosecutor, prosecuting investigator, judicial police officer, or judicial police shall present the search warrant or seizure ruling to the people present at such action, as described in Article 148, except in cases where a search warrant or seizure ruling is not required by law.

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.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

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.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

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.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

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.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

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.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

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

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

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.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.

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.

Note: Articles 1 through 343 were amended lastly on February 6, 2003.