If it is apprehended that the evidence may be destroyed, forged, altered, concealed, or hard to be used, the complainant, suspect, accused, or defense attorney may, during the stage of investigation, apply to the public prosecutor to conduct a search, seizure, expert examination, inspection, examination of a witness, or other necessary perpetuating measures.
A public prosecutor shall make perpetuating measures within five days of receiving the application specified in the preceding section, unless the application is deemed illegal or unsupported by good reason and is overruled.
If the public prosecutor overrules the application specified in the preceding section, or fails to make any perpetuation measures within the period specified in the preceding section, the applicant may apply directly to the court with proper jurisdiction for perpetuation of evidence.

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

The court shall, by a ruling, after consulting with the public prosecutor, overrule the application specified in section III of the preceding article, if the application does not comply with legal formality or it shall not be granted as a matter of law, or it is not supported by good reason, provided that where the deficiency in legal formality is amendable, the court shall order an amendment to be made within a prescribed period.
The court shall grant the application for perpetuation of evidence by a ruling, if the court determined that it is supported by good reason.
No interlocutory appeals may be taken from the rulings specified in the preceding two sections.

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

The application for perpetuation of evidence under Article 219-1 shall be made to the public prosecutor in the stage of investigation, provided that if the case has not been transferred or reported to the public prosecutor, the same should be made to the public prosecutor of the public prosecutor's office of the district court where the office of the judicial police officer or judicial policeman, investigating the case located.

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

During the trial at the first instance, the accused, or defense attorney may, before the first trial date, apply to the court or commissioned judge for perpetuation of evidence if necessary; in case of emergency, the said application may be made to the district court where the person, to be examined, resides or the evidence is located.
The same rule specified in the preceding section shall apply to the case when prior to the first trial date the public prosecutor or private prosecutor deems it is necessary to perpetuate the evidence.
The provision of section II of Article 279 shall apply mutatis mutandis to the circumstance when a commissioned judge deems it is necessary to perpetuate the evidence.
The court shall, by a ruling, immediately overrule the application for perpetuation of evidence if the application does not comply with legal formality, or it shall not be granted as a matter of law, or it is not supported by good reason, provided that where the deficiency in legal formality is amendable, the court shall order an amendment to be made within a prescribed period.
The court or the commissioned judge shall grant the application for perpetuation of evidence by a ruling, if the court or the commissioned judge determines that it is supported by good reason.
No interlocutory appeals may be taken from the rulings specified in the preceding two sections.

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

Application for perpetuation of evidence shall be made in writing.
The written application for perpetuation of evidence shall contain the following matters:
(1) Brief statement of the case;
(2) The evidence to be perpetuated and the method of perpetuation;
(3) The fact to be proven by the evidence;
(4) The reason for such perpetuation of evidence.
Reason for Item IV of the preceding section shall be clearly indicated.

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

A complainant, a suspect, an accused, a defense attorney, or an agent may be present at the time of the perpetuation of evidence executed upon his application, unless it is apprehended that his presence shall be harmful to the execution of perpetuation of evidence.
The person who may be present at the time of execution of perpetuation of evidence in the preceding section shall be notified of the date, time and place of the same, unless the existence of emergent circumstances makes the timely notification impossible, or the suspect or accused is in detention.

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

During the stage of investigation, the evidence perpetuated shall be kept by the public prosecutor concerned, provided that if the case is currently investigated by a judicial police officer or judicial policeman, under a ruling of the court granting the perpetuation of evidence, the evidence so perpetuated shall be kept by the public prosecutor of the office of public prosecutor in the district court where the office of the judicial police officer or judicial policeman is located.
During the stage of trial, the evidence perpetrated shall be kept by the court ordered such perpetration, provided that if the case is pending in other court, the said evidence shall be delivered to that court.

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

The perpetuation of evidence shall subject mutatis mutandis to the provisions of this chapter, the preceding chapter and Article 248, unless otherwise provided.

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