hereinafter.).

## Article 43 (Securance order for collection of equivalent value before the institution of prosecution)

A judge may, upon application by a public prosecutor, take the measure provided for in Paragraph 1 of the preceding article before the prosecution is instituted, when there is a reasonable ground to deem that collection of equivalent value shall be made under the provisions of Paragraph 3 of Article 16 and if such judge finds that there is a necessity provided for in Paragraph 1 of the preceding article.

2. The provisions of the main clause of Paragraphs 3 and Paragraphs 4 through 6 of Article 23 shall apply mutatis mutandis to the securement of collection of equivalent value under the provisions of the preceding paragraph.

Article 44 (Execution of securance order for collection of equivalent value)

A securance order for collection of equivalent value shall be executed with an order of a public prosecutor. Such prosecutor's order shall have the same effect as a provisional attachment order under the provisions of the Civil Securance Law (Law No. 91 of 1989).

2. A securance order for collection of equivalent value may be executed before a certified copy of such securance order is served on the defendant or the suspect.

3. Except as otherwise provided for in this Law, a securance order for collection of equivalent value shall be executed in accordance with the provisions of the Civil Securance Law and other laws and regulations concerning the execution procedures for provisional attachment. In such case, the court corresponding to the public prosecutors office, to which the public prosecutor issuing an order pursuant to the provisions of Paragraph 1 of this article belongs, shall have jurisdiction over the execution of provisional attachment over which, under such laws and regulations, a court issuing such provisional attachment order has jurisdiction as a securance execution court.

## Article 45 (Deposit by Obligor of Money Claim)

When an obligor of any money claim, which has been provisionally attached pursuant to a securance order for collection of equivalent value, deposits the sum of money equivalent to the amount of such money claim, such provisional attachment shall be deemed to be executed on the creditor's right to such deposited money.

2. The provisions of the preceding paragraph shall not apply to the portion of the deposited money with which the amount of the deposited money exceeds the amount of money for the release from securance of collection of equivalent value.

Article 46 (Payment of money for the release from securance of collection of equivalent value and execution of adjudication of collection of equivalent value, etc.)

When an adjudication of collection of equivalent value becomes finally binding or an adjudication of provisional payment is pronounced after money for the release from securance of collection of equivalent value has been paid, the adjudication of collection of equivalent value or provisional payment shall be deemed to be executed to the extent of such paid sum.

2. When collection of equivalent value is pronounced and the paid sum of money for the release from the securance of collection of equivalent value exceeds the sum to be collected, such excess sum shall be returned to the defendant.

## Article 47 (Revocation of securance order for collection of equivalent value)

If the ground or necessity for securance of collection of equivalent value ceases to exist or the duration of securance has been unreasonably prolonged, the court shall, by a decision, revoke the securance order for collection of equivalent value upon application by a public prosecutor or the defendant or the defendant's counsel, or ex officio. The provisions of Paragraph 2 of Article 32 shall apply mutatis mutandis to such case.

Article 48 (Invalidation of securance order for collection of equivalent value)

A securance order for collection of equivalent value shall become invalid when a notification of an adjudication of not guilty, acquittal on procedural grounds or dismissal of prosecution (except for cases falling under the provisions of Article 338(4) and Paragraph 1(1) of Article 339 of the Code of Criminal Procedure) is made, or when a notification of an adjudication of guilty is