for in Paragraph 1 or 2 of this article.

5. The measure concerning securance of confiscation (Such term means the proscription of disposition by a securance order for confiscation. The same shall apply hereinafter.) shall be taken by a judge until the first session of trial. In such case, such judge shall have the same authority as the court or the presiding judge.

6. Immovable or movable property, in respect of which securance of confiscation has been made, may be seized pursuant to the provisions of the Code of Criminal Procedure (Law No. 131 of 1948).

## Article 23 (Securance order for confiscation before the institution of prosecution)

A judge may, upon application by a public prosecutor or a judicial police officer (With respect to a police officer, such judicial officer shall be limited to an officer with the rank not lower than inspector designated by the National Public Safety Commission or a prefectural public safety commission. The same shall apply in the succeeding paragraph.) take the measure provided for in Paragraph 1 or 2 of the preceding article before the institution of prosecution, if the judge finds that there is a ground and necessity provided for in Paragraph 1 or 2 of the same article.

2. A judicial police officer shall promptly forward the relevant documents to a public prosecutor when a securance order for confiscation or a collateral securance order is issued upon application by such officer.

3. Securance of confiscation provided for in Paragraph 1 of this article shall become invalid unless a prosecution is instituted, with respect to the case for which such securance has been made, within thirty days from the issuance of the securance order for confiscation; provided that this shall not apply when prosecution against any other party to the offence has been instituted and, with respect to such party to the offence, there is a ground provided for in Paragraph 1 of the preceding article in respect of the property concerned.

4. A judge may, upon application by a public prosecutor, renew the duration provided for in the preceding paragraph every thirty days if the judge finds that there is a compelling reason. In such case, the adjudication of the renewal shall enter into effect upon its notification to a public prosecutor.

5. An application provided for in Paragraph 1 of this article or in the preceding paragraph shall be made to a judge of a district court which has jurisdiction over the place where an office to which an officer making such application belongs is located.

6. A judge, to whom an application is made pursuant to the provisions of Paragraph 1 or 4 of this article, shall have the same authority with respect to the securance of confiscation as a court or a presiding judge.

7. When the validity of securance of confiscation pursuant to the provisions of Paragraph 1 of this article becomes definite because of the institution of prosecution, a public prosecutor shall notify a person (other than the defendant) against whom the securance order for confiscation has been issued of such effect. In such case, when such notification may not be made because such person's whereabout is unknown or for any other reason, the public prosecutor shall make public notice, in lieu of such notification, by posting a notice to that effect at a notice board of the public prosecutors office for seven days.

## Article 24 (Execution of adjudication concerning securance of confiscation)

Any adjudication concerning securance of confiscation which entails the execution shall be executed with an instruction by a public prosecutor.

2. A securance order for confiscation may be executed before a certified copy of the order is served on a person who holds the property, the disposition of which is proscribed by such order.

## Article 25 (Effect of securance of confiscation)

The disposition of any property, in respect of which securance of confiscation has been made (hereinafter referred to as "property secured for confiscation"), shall not enter into effect in so far as the confiscation is concerned, if such disposition is made after such securance has been made; provided that this shall not apply to the disposition in accordance with the procedures provided for in Paragraph 1 of Article 37 because of which an adjudication of confiscation may not be made (including procedures to which such provisions are applied mutatis mutandis in Paragraph 3 of Article 40) or in accordance with the auction procedures to execute collateral right enforceable against the property secured for confiscation.