(4) The intermediary who has participated in the investigative process under paragraph (1) may provide the investigative agency or court with his or her opinion about the victim's ability to understand or communicate, traits, etc. (5) Paragraphs (1) through (4) shall apply mutatis mutandis to the inspection of evidence. (6) Procedures, methods, and other necessary matters relating to the participation of intermediaries in the investigative process shall be prescribed by Ordinance of the Ministry of Justice. Article 37 (Participation of Intermediaries in Proceedings) (1) If the victim of a sexual crime is a victim under the age of 19, etc., the court may, ex officio or upon request by the public prosecutor or the victim or his or her legal representative or counsel, decide to allow an intermediary to mediate or assist in communication by participating in the examination of the witness to facilitate the examination. <Amended on Jul. 11, 2023> (2) If a witness is subject to the application of paragraph (1), the court shall, prior to his or her examination, notify the victim and his or her legal representative and counsel that they can request mediation or assistance to communicate through an intermediary. (3) Detailed procedures and methods relating to the participation of intermediaries in proceedings shall be prescribed by the Supreme Court Regulations. Article 38 (Intermediaries' Duties) (1) Each intermediary shall endeavor to maintain a neutral position in investigative processes and trial proceedings to ensure that statements are mutually communicated to each other without distortion. (2) No intermediary shall disclose or divulge to any third person a victim's name, address, age, occupation, alma mater, appearance, and other personal information by which it is possible to ascertain the victim's identity, photograph, and privacy, which he or she has learned in the course of performing his or her duties. Article 39 (Legal Fiction as Public Officials in Application of Penalty Provisions) An intermediary shall be deemed a public official in applying the penalty provisions of Articles 129 through 132 of the Criminal Act. Article 40 (Examination of Witnesses by Means of Video Recording and other Relay Devices) (1) Where a court examines the victim of a crime provided for in any of Article 2 (1) 3 through 5, as a witness, it may do so by means of video recording or other relay devices after hearing opinions from the public prosecutor and the accused or his or her counsel. (2) Necessary matters regarding the procedures, methods, etc. relating to the examination of witnesses under paragraph (1) shall be prescribed by the Supreme Court Regulations.