刑法-japaneselawtranslation

1、<p>　　Penal Code</p><p>　　(Act No. 45 of April 24, 1907)</p><p>　　PART I GENERAL PROVISIONS</p><p>　　Chapter I Scope of Application</p><p>　　(Crimes Committed with

2、in Japan)</p><p>　　Article 1 (1) This Code shall apply to anyone who commits a crime within the territory of Japan.</p><p>　　(2) The same shall apply to anyone who commits a crime on board a Ja

3、panese vessel or aircraft outside the territory of Japan.</p><p>　　(Crimes Committed outside Japan)</p><p>　　Article 2 This Code shall apply to anyone who commits one of the following crimes ou

4、tside the territory of Japan:</p><p>　　(i) Deleted;</p><p>　　(ii) The crimes prescribed under Articles 77 through 79 (Insurrection; Preparations; Plots; Accessoryship to Insurrection);</p>

5、<p>　　(iii) The crimes prescribed under Articles 81 (Instigation of Foreign Aggression), 82 (Assistance to the Enemy), 87 (Attempts) and 88 (Preparation; Plots);</p><p>　　(iv) The crime prescribed und

6、er Article 148 (Counterfeiting of Currency and Uttering of Counterfeit Currency) as well as an attempt thereof;</p><p>　　(v) The crimes prescribed under Article 154 (Counterfeiting of Imperial or State Docum

7、ents), 155 (Counterfeiting of Official Documents), 157 (False Entries in the Original of Notarized Deeds) and 158 (Uttering of Counterfeit Official Documents), and the crime concerning an electromagnetic record which sho

8、uld be created by a public office or a public official in Article 161-2 (Unauthorized Creation of Electromagnetic Records);</p><p>　　(vi) The crimes prescribed under Articles 162 (Counterfeiting of Securitie

9、s) and 163 (Uttering of Counterfeit Securities);</p><p>　　(vii) The crimes prescribed under Articles 163-2 through 163-5 (Unauthorized Creation of Payment Cards with an Electromagnetic Record; Possession of

10、Payment Cards with an Unauthorized Electromagnetic Record; Preparation for Unauthorized Creation of Payment Cards with an Electromagnetic Record; Attempts);</p><p>　　(viii) The crimes prescribed under Articl

11、es 164 through 166 (Counterfeiting or Unauthorized Use of the Imperial Seal; Counterfeiting or Unauthorized Use of Official Seals; Counterfeiting or Unauthorized Use of Official Marks) as well as an attempt of the crimes

12、 prescribed under paragraph (2) of Article 164, paragraph (2) of Article 165, and paragraph (2) of Article 166.</p><p>　　(Crimes Committed by Japanese Nationals outside Japan)</p><p>　　Article 3

13、 This Code shall apply to any Japanese national who commits one of the following crimes outside the territory of Japan:</p><p>　　(i) The crimes prescribed under Article 108 (Arson of Inhabited Buildings) an

14、d paragraph (1) of Article 109 (Arson of Uninhabited Buildings), and other crimes which shall be dealt with in the same manner as the preceding crimes provided therein, as well as an attempt of the above-mentioned crimes

15、;</p><p>　　(ii) The crime prescribed under Article 119 (Damage to Inhabited Buildings by Flood);</p><p>　　(iii) The crimes prescribed under Articles 159 through 161 (Counterfeiting of Private Do

16、cuments; Falsifying of Medical Certificates; Utterance of Counterfeit Private Documents) and the crime regarding electromagnetic records in Article 161-2 except that which shall fall within item (v) of the preceding Arti

17、cle;</p><p>　　(iv) The crimes prescribed under Article 167 (Counterfeiting or Unauthorized Use of Private Seals) and an attempt of the crimes prescribed under paragraph (2) of that Article;</p><p&

18、gt;　　(v) The crimes prescribed under Articles 176 through 179 (Forcible Indecency; Rape; Quasi Forcible Indecency and Quasi Rape; Gang Rape; Attempts), 181 (Forcible Indecency Causing Death or Injury) and 184 (Bigamy);&l

19、t;/p><p>　　(vi) The crime prescribed under Article 199 (Homicide) and attempt thereof;</p><p>　　(vii) The crimes prescribed under Articles 204 (Injury) and 205 (Injury Causing Death);</p>&l

20、t;p>　　(viii) The crimes prescribed under Articles 214 through 216 (Abortion through Professional Conduct; Causing Death or Injury thereof; Abortion without Consent; Abortion without Consent Causing Death or Injury);&l

21、t;/p><p>　　(ix) The crime prescribed under Article 218 (Abandonment by a Person Responsible for Protection) and the crime of 219 (Abandonment Causing Death or Injury);</p><p>　　(x) The crimes presc

22、ribed under Articles 220 (Capture; Confinement) and 221 (Unlawful Capture or Confinement Causing Death or Injury);</p><p>　　(xi) The crimes prescribed under Articles 224 through 228 (Kidnapping of Minors; Ki

23、dnapping for Profit; Kidnapping for Ransom; Kidnapping for Transportation out of a Country; Buying or Selling of Human Beings; Transportation of Kidnapped Persons out of a Country; Delivery of Kidnapped Persons; Attempts

24、);</p><p>　　(xii) The crime prescribed under Article 230 (Defamation);</p><p>　　(xiii) The crimes prescribed under Articles 235 through 236 (Larceny; Taking Unlawful Possession of Real Estate; R

25、obbery), 238 through 241 (Constructive Robbery; Robbery through Causing Unconsciousness; Robbery Causing Death or Injury; Rape on the Scene of Robbery; Causing Death Thereby), and 243 (Attempts);</p><p>　　(x

26、iv) The crimes prescribed under Articles 246 through 250 (Fraud; Computer Fraud; Breach of Trust; Quasi Fraud; Extortion; Attempts);</p><p>　　(xv) The crime prescribed under Article 253 (Embezzlement in the

27、Pursuit of Social Activities);</p><p>　　(xvi) The crimes prescribed under paragraph (2) of Article 256 (Acceptance of Stolen Property).</p><p>　　(Crimes Committed by Non-Japanese Nationals outsi

28、de Japan)</p><p>　　Article 3-2 This Code shall apply to any non-Japanese national who commits one of the following crimes against a Japanese national outside the territory of Japan.</p><p>　　(i

29、) The crimes prescribed under Articles 176 through 179 (Forcible Indecency; Rape; Quasi Forcible Indecency and Quasi Rape; Gang Rape; Attempts), 181 (Forcible Indecency Causing Death or Injury);</p><p>　　(ii

30、) The crime prescribed under Articles 199 (Homicide) and attempt thereof;</p><p>　　(iii) The crimes prescribed under Articles 204 (Injury) and 205 (Injury Causing Death);</p><p>　　(iv) The crime

31、s prescribed under Articles 220 (Capture; Confinement) and 221 (Unlawful Capture or Confinement Causing Death or Injury);</p><p>　　(v) The crimes prescribed under Articles 224 through 228 (Kidnapping of Mino

32、rs; Kidnapping for Profit; Kidnapping for Ransom; Kidnapping for Transportation out of a Country; Buying or Selling of Human Beings; Transportation of Kidnapped Persons out of a Country; Delivery of Kidnapped Persons; At

33、tempts);</p><p>　　(vi) The crimes prescribed under Articles 236 (Robbery), 238 through 241 (Constructive Robbery; Robbery through Causing Unconsciousness; Death or Injury on the Occasion of Robbery; Rape on

34、the Scene of Robbery; Causing Death Thereby), and 243 (Attempts).</p><p>　　(Crimes Committed by Public Officials outside Japan)</p><p>　　Article 4 This Code shall apply to any public official o

35、f Japan who commits one of the following crimes outside the territory of Japan:</p><p>　　(i) The crime prescribed under Article 101 (Assistance in Escape by a Guard) as well as an attempt thereof;</p>

36、<p>　　(ii) The crime prescribed under Article 156 (Making of False Official Documents);</p><p>　　(iii) The crimes prescribed under Article 193 (Abuse of Authority by Public Officials), paragraph (2) of

37、 Article 195 (Assault and Cruelty by Special Public Officials) and Articles 197 through 197-4 (Acceptance of Bribes; Acceptance on a Request; Acceptance in Advance; Passing of Bribes to a Third Party; Aggravated Acceptan

38、ce; Acceptance after Resignation of Office; Acceptance for Exertion of Influence), and the crime of causing death or injury through commission of the crime prescribed under par</p><p>　　(Crimes Committed out

39、side Japan Governed by a Treaty)</p><p>　　Article 4-2 In addition to the provisions of Article 2 through the preceding Article, this Code shall also apply to anyone who commits outside the territory of Japa

40、n those crimes prescribed under Part II which are governed by a treaty even if committed outside the territory of Japan.</p><p>　　(Effect of Foreign Judgments)</p><p>　　Article 5 Even when a fi

41、nal and binding decision has been rendered by a foreign judiciary against the criminal act of a person, it shall not preclude further punishment in Japan with regard to the same act; provided, however, that when the pers

42、on has already served either the whole or part of the punishment abroad, execution of the punishment shall be mitigated or remitted.</p><p>　　(Change in Punishments)</p><p>　　Article 6 When a p

43、unishment is changed by law after the commission of a crime, the lesser punishment shall be applied.</p><p>　　(Definition)</p><p>　　Article 7 (1) The term "public officer" as used in

44、this Code shall mean a national or local government official, a member of an assembly or committee, or other employees engaged in the performance of public duties in accordance with laws and regulations.</p><p

45、>　　(2) The term "public office" as used in this Code shall mean an office where public officers perform their duties.</p><p>　　Article 7-2 The term "electromagnetic record" as used in

46、 this Code shall mean any record which is produced by electronic, magnetic or any other means unrecognizable by natural perceptive functions and is used for data-processing by a computer.</p><p>　　(Applicati

47、on of General Provisions)</p><p>　　Article 8 The general provisions of this Part shall also apply to crimes for which punishments are provided by other laws and regulations, except as otherwise provided in

48、such laws and regulations.</p><p>　　Chapter II Punishments</p><p>　　(Categories of Punishments)</p><p>　　Article 9 The principal punishments are categorized as the death penalty, i

49、mprisonment with work, imprisonment without work, fine, misdemeanor imprisonment without work and petty fine, with confiscation as a supplementary punishment.</p><p>　　(Gravity of Punishments)</p><

50、;p>　　Article 10 (1) The order of gravity of the principal punishments shall be according to the order in which they are provided for in the preceding Article; provided, however, that imprisonment without work for lif

51、e is greater than imprisonment with work for a definite term, and imprisonment without work for a definite term is greater than imprisonment with work for a definite term when the maximum term prescribed for the former e

52、xceeds the term by twice as much as that prescribed for the latter.</p><p>　　(2) Between punishments of the same class, the punishment prescribed with a higher maximum term or amount is greater; and when the

53、 maximum terms or amounts are equal, the punishment prescribed with the higher minimum term or amount is greater.</p><p>　　(3) Between death penalties or punishments of the same class which have equal maximu

54、m and minimum terms or amounts, the order of gravity shall be determined in light of the circumstances of the crimes.</p><p>　　(Death Penalty)</p><p>　　Article 11 (1) The Death penalty shall be

55、 executed by hanging at a penal institution.</p><p>　　(2) A person who has been sentenced to the death penalty shall be detained in a jail until its execution.</p><p>　　(Imprisonment with Work)&

56、lt;/p><p>　　Article 12 (1) Imprisonment with work shall be either for life or with a definite term, and the definite term of imprisonment with work shall be not less than one month but not more than 20 years.&

57、lt;/p><p>　　(2) Imprisonment with work shall consist of confinement in a penal institution with assigned work.</p><p>　　(Imprisonment without Work)</p><p>　　Article 13 (1) Imprisonmen

58、t without work shall be either for life or for a definite term, and a definite term of imprisonment without work shall be not less than one month but not more than 20 years.</p><p>　　(2) Imprisonment without

59、 work shall consist of confinement in a penal institution.</p><p>　　(Limit of Aggravation and Mitigation)</p><p>　　Article 14 (1) In cases where the death penalty, or imprisonment with or witho

60、ut work for life shall be reduced to imprisonment with or without work for a definite term, its maximum term shall be 30 years.</p><p>　　(2) In cases where imprisonment with or without work for a definite te

61、rm shall be aggravated, the term may be extended to 30 years, and in cases where it shall be reduced, the term may be reduced to less than one month.</p><p><b>　　(fine)</b></p><p>　　

62、Article 15 A fine shall be not less than 10,000 yen; provided, however, that in cases where it shall be reduced, the amount may be reduced to less than 10,000 yen.</p><p>　　(Misdemeanor Imprisonment without

63、 Work)</p><p>　　Article 16 Misdemeanor imprisonment without work shall consist of confinement in a penal institution for not less than 1 day but less than 30 days.</p><p>　　(Petty Fines)</p&

64、gt;<p>　　Article 17 A petty fine shall be not less than 1,000 yen but less than 10,000 yen.</p><p>　　(Detention in a Workhouse in lieu of Payment of Fines)</p><p>　　Article 18 (1) A per

65、son who defaults in payment of a fine in full shall be detained in a workhouse for a term of not less than one day but not more than two years.</p><p>　　(2) A person who defaults in payment of a petty fine i

66、n full shall be detained in a workhouse for a term of not less than one day but not more than 30 days.</p><p>　　(3) When fines are imposed cumulatively or when a fine and a petty fine are imposed cumulativel

67、y, the term of detention may not exceed three years. When petty fines are imposed cumulatively, the term of detention may not exceed 60 days.</p><p>　　(4) When rendering a sentence of a fine or petty fine th

68、e court shall simultaneously determine and render a term of detention in a workhouse in the case of default of the full payment thereof.</p><p>　　(5) Except with the consent of the sentenced person, confinem

69、ent for default of a fine may not be executed within 30 days from the time when the decision has become final and binding, and confinement for default of a petty fine may not be executed within 10 days from the time when

70、 the decision has become final and binding.</p><p>　　(6) When a person sentenced to a fine or petty fine has made payment of part of the fine, the term of confinement shall be calculated by dividing the amou

71、nt of the unpaid payment by the amount for one day (a remainder less than one day is deemed as one whole day) reduced by a period of days in proportion to the amount of payment made for the fine or petty fine imposed.<

72、;/p><p>　　(Confiscation)</p><p>　　Article 19 (1) The following objects may be confiscated:</p><p>　　(i) An object which is a component of a criminal act;</p><p>　　(ii) An

73、 object used or intended for use in the commission of a criminal act;</p><p>　　(iii) An object produced or acquired by means of a criminal act or an object acquired as reward for a criminal act;</p>&

74、lt;p>　　(iv) An object received in exchange for the object set forth in the preceding item.</p><p>　　(2) An object set forth in the preceding paragraph may be confiscated only if it does not belong to a pe

75、rson other than the criminal; provided, however, that it may be confiscated when a person other than the criminal acquires the object after the crime with knowledge of the applicability of the preceding items.</p>

76、<p>　　(Collection of a Sum of Equivalent Value)</p><p>　　Article 19-2 When the whole or part of the object prescribed in items (iii) and (iv) of paragraph (1) of Article 19 cannot be confiscated, a su

77、m of money equivalent thereto may be collected.</p><p>　　(Restrictions on Confiscation)</p><p>　　Article 20 There may be no confiscation with regard to crimes punishable only by misdemeanor imp

78、risonment without work or a petty fine, except where specifically so provided; provided, however, that this shall not apply to the object set forth in item (i) of paragraph (1) of Article 19.</p><p>　　(Inclu

79、sion of Period of Pre-Sentencing Detention into Sentence)</p><p>　　Article 21 The days spent in pre-sentencing detention may be included in whole or in part into the sentence imposed.</p><p>　　

80、Chapter III Calculation of the Period of Time</p><p>　　(Calculation of the Period of Time)</p><p>　　Article 22 When a term is expressed in months or years, it is to be calculated in accordance

81、with the calendar.</p><p>　　(Calculation of the Term of Imprisonment)</p><p>　　Article 23 (1) The term of imprisonment shall be calculated from the day on which such sentence becomes final and

82、binding.</p><p>　　(2) The days when the criminal is not actually confined shall not be included into the term of punishment, even if they are after the sentence has become final and binding.</p><p

83、>　　(First Day and Last Day of Imprisonment)</p><p>　　Article 24 (1) The first day of imprisonment shall be calculated as one whole day regardless of the number of hours actually imprisoned. The same shal

84、l apply to the first day of the period of prescription.</p><p>　　(2) Final release from imprisonment shall take place on the day after completion of the term of imprisonment.</p><p>　　Chapter IV

85、 Suspension of Execution of the Sentence</p><p>　　(Suspension of Execution of the Sentence)</p><p>　　Article 25 (1) When any one of the following persons has been sentenced to imprisonment with

86、 or without work for not more than 3 years or a fine of not more than 500,000 yen, execution of the sentence may, in light of circumstances, be suspended for a period of not less than 1 year but not more than 5 years fro

87、m the day on which the sentence becomes final and binding:</p><p>　　(i) A person not previously sentenced to imprisonment without work or a greater punishment;</p><p>　　(ii) A person who, althou

88、gh previously sentenced to imprisonment without work or a greater punishment, has not subsequently been sentenced to imprisonment without work or a greater punishment within five years from the day on which execution of

89、the former punishment was completed or remitted.</p><p>　　(2) When a person, who has been sentenced to imprisonment without work or a greater punishment and has been granted suspension of execution of the se

90、ntence, is sentenced subsequently to imprisonment with or without work for not more than 1 year and there are circumstances especially favorable to the person, the person may be granted suspension of execution of the sen

91、tence as with the persons prescribed for in the preceding paragraph; provided, however, that the same shall not apply to a person w</p><p>　　(Probation)</p><p>　　Article 25-2 (1) In a case pres

92、cribed for in paragraph (1) of Article 25, the subject person may be placed under probation through the period of suspended execution of the sentence; and in a case prescribed for in paragraph (2) of Article 25, the subj

93、ect person shall be placed under probation through the period of suspended execution of the sentence.</p><p>　　(2) Probation may be provisionally cancelled by a disposition of a government agency.</p>

94、<p>　　(3) When probation is provisionally cancelled, the person shall, for the purpose of the provisions of paragraph (2) of Article 25 and of item (ii) of Article 26-2, be deemed not to be under probation until th

95、e provisional cancellation is revoked.</p><p>　　(Mandatory Revocation of the Suspension of Execution of Sentence)</p><p>　　Article 26 Suspension of the execution of the sentence shall be revoke

96、d in the following cases; provided, however, that item (iii) does not apply when the person falls under item (ii) of paragraph (1) of Article 25 or item (iii) of Article 26-2:</p><p>　　(i) When a further cri

97、me is committed within the period of suspension and imprisonment without work or a greater punishment is imposed for the crime without suspension of execution of such sentence;</p><p>　　(ii) When the person

98、who was granted suspension is sentenced to imprisonment without work or a greater punishment for a crime committed before such grant, and is not granted suspension of execution of such sentence;</p><p>　　(ii

99、i) When it is discovered that, before a person was granted a suspended execution of sentence for a crime, the person had been sentenced to imprisonment without work or a greater punishment for another crime before such g

100、rant.</p><p>　　(Discretionary Revocation of the Suspension of Execution of Sentence)</p><p>　　Article 26-2 Suspension of execution of the sentence may be revoked in the following cases:</p&g