The Criminal Code of Japan

Front matter

The

Criminal Code

of

Book 1

Book I.

General Provisions.

Chapter I.

Of the Application of the Criminal Code in General.

This law is applicable to persons who have committed offences within the Empire, irrespective of who the perpetrator may be.

The law is also applicable to persons who have committed offences on board Japanese ships outside the Empire.

This law is applicable, irrespective of who the perpetrator may be, to persons who have committed the following offences outside the Empire:

Offences specified in Articles to ;

Offences specified in Articles to ;

Offences specified in Articles to ;

Offences specified in Article , and attempted (but not consummated) infractions of the said Article;

Offences specified in Articles , , , and ;

Offences specified in Articles and ;

Offences specified in Articles to , and attempted (but not consummated) infractions of Par. 2 of Article , Par. 2 of Article , and Par. 2 of Article .

This law is applicable to Japanese Subjects who have committed the following offences outside the Empire:—

Offences specified in Article , and Par. 1 of Article , and offences which are to be decided in accordance with the rules of Article 108 and Par. 1 of Article 109, and attempted (but not consummated) committal of these offences;

Offences specified in ;

Offences specified in Articles to ;

Offences specified in Article , and attempted (but not consummated) infractions of Par. 2 of the same Article;

Offences specified in Articles to , Article , and Article ;

Offences specified in Articles and

, and attempted (but not consummated) infractions of Article ;

Offences specified in Articles and ;

Offences specified in Articles to ;

Offences specified in Article , and the offence of causing death or wounds by reason of committing the offences of the same Article;

Offences specified in Articles and ;

Offences specified in Articles to ;

Offences specified in Article ;

Offences specified in Articles and , Articles to , and Article ;

Offences specified in Articles to ;

Offences specified in Article ;

Offences specified in Par. 2 of Article .

This law also applies to foreigners who have committed offences mentioned in the preceding paragraph against Japanese Subjects outside the Empire.

This law is applicable to members of the Imperial Public Services who have committed the following offences outside the Empire:—

Offences specified in Article , and

attempted (but not consummated) committal of these offences;

Offences specified in Article ;

Offences specified in Article , Par. 2 of Article , and Article ; and the offence of causing death or wounds by reason of committing the offences specified in Par. 2 of Article 195.

Even though the case may have been adjudicated upon in a foreign country and a final and conclusive judgment rendered in respect to same, this shall be no bar to the institution of entirely new proceedings and the infliction of punishment for the same act (in Japan). If, however, the offender has already undergone the punishment to which he was sentenced in a foreign country, or any portion thereof, the Court may either reduce the penalty or remit the execution thereof.

If subsequent to the committal of an offence the punishment should be altered by (a new) law, the milder penalty (of the two laws) shall be applicable to such offence.

The expression “Members of the public services” in this law includes Government officials, public officials, members of conferences or deliberative assemblies and deputies, members of committees and other persons holding office who are engaged in public affairs in accordance with laws and ordinances.

The expression “Public Offices” means places where members of the public services perform their functions.

The general provisions of this law are also applicable to the penalties determined by other laws, except such laws contain special provisions.

Chapter II.

Of Penalties.

The principal penalties are death, penal servitude, imprisonment, fine, detention and police fine, while confiscation is an accessory penalty.

The degree of gravity of the principal penalties is in such order as mentioned in the preceding Article, with the exception that perpetual imprisonment is more serious than limited penal servitude, and that limited imprisonment is more serious than limited penal servitude when the maximum of the former penalty is longer than twice that of the latter penalty.

With regard to the same class of penalties, the one which in its maximum is of either a longer term or a greater amount shall be considered as more serious. If the maximum terms or amounts of the two cases are the same, the one which is of either a longer term or a greater amount in its minimum shall be considered as more serious.

With regard to two or more than two death penalties, or with regard to penalties of the same class whose maximum and minimum terms or amounts are the same, the degree of gravity shall be determined according to the circumstances of the infractions.

11.

The penalty of death shall be executed by hanging in the interior of a gaol.

A person who has been sentenced to death shall be detained in a gaol until he shall be executed.

12.

Penal servitude is either perpetual or limited; limited penal servitude shall extend over a period of not less than one month and not exceeding fifteen years.

Persons condemned to penal servitude shall be detained in a gaol and subjected to forced labour determined by the regulations.

13.

Imprisonment is either perpetual or limited; limited imprisonment shall extend over a period of not less than one month and not exceeding fifteen years.

Persons condemned to imprisonment shall be detained in a gaol.

14.

In case of limited penal servitude or imprisonment being increased (in severity) the term may be extended up to twenty years, and in case of their being decreased both penal servitude and imprisonment may be lowered to a term of less than one month.

15.

Fines (bakkin) shall be twenty yen or upwards, but in case of their being reduced the amount may be lowered to a sum less than twenty yen.

16.

Detention shall extend over a period of not less than one day and less than thirty days and the person detained shall be confined in a house of detention.

17.

Police fines (kwaryo) shall be ten sen and upwards, but shall be less than twenty yen.

18.

Person who are unable to pay their fines in full shall be detained in a labour establishment (rō-eki-jo) for a period of not less than one day and not exceeding one year.

Persons who are unable to pay their police fines in full shall be detained in a labour establishment for a period of not less than one day and not exceeding thirty days.

Even in cases where several police fines have been inflicted together, the term of detention shall not exceed sixty days.

The Court when pronouncing sentence inflicting either a fine or police fine shall, at the same time, fix the alternative term of detention should payment of such fine or police fine not be made in full.

Detention may not, unless with the consent of the condemned, be enforced within thirty days in respect to fines and within ten days in respect to police fine from the time at which judgment has become final and conclusive.

When persons who have been sentenced to a fine or police fine have paid a portion of the same, they shall be detained for the term specified in the judgment in lieu of fine or police fine, less such number of days as may correspond to the amount of money already paid, calculated in the proportion between the entire fine or police fine and the full period of (alternative) detention.

If during detention the fine or police fine be paid, the payment shall be applied to the remaining number of days in the proportion specified in the foregoing paragraph.

A sum of money less than the amount corresponding to one day’s detention may not be paid.

19.

The following articles may be confiscated:—

Objects which have constituted the criminal act;

Objects which have contributed to the criminal act, or which it was attempted to furnish for use in committing the offence;

Objects originating from, or acquired by means of, a criminal act.

Articles may be confiscated only if they do not belong to persons other than the offenders.

20.

In connection with an offence punishable only by detention or police fine, confiscation may not be enforced unless in virtue of a special provision of the law; but this does not apply to the confiscation of objects mentioned in No. 1 of Par. 1 of the preceding Article.

21.

Either the whole or a portion of the number of days of detention pending trial may be reckoned in the principal penalty.

Chapter III.

Of the Calculation of Terms.

22.

In determining periods of time, when such periods consist of months or years, they are to be calculated in accordance with the almanac.

23.

The duration of penalties is reckoned from the day on which judgment becomes irrevocable.

The days during which the accused has not been imprisoned, even after the judgment has become irrevocable, are not to be reckoned (for him) in the duration of the penalty.

24.

The day on which the penalty has begun to be executed is reckoned as an entire day, whatever the number of the hours may have been. The same is applicable to the first day of the term of prescription.

Liberation is effected on the day following the last day of the duration of a penalty.

Chapter IV.

Of the Suspension of the Execution of Penalties.

25.

When the following persons have been sentenced to less than two years’ penal servitude or imprisonment, the execution of their sentences may, according to the circumstances of their respective cases, be suspended during a period of time of not less than one year and not exceeding five years from the day on which judgment has become irrevocable:—

Persons who have never been previously condemned to imprisonment or graver penalties;

Persons who, while they have been punished by imprisonment or graver penalties, have not been again condemned to imprisonment or graver penalties during seven years from the day on which the execution of the former penalty was either completed or remitted.

26.

Sentences suspending execution of penalties shall be cancelled in the following cases:—

In case a further offence has been committed within the term of suspension, and the offender has been sen

to imprisonment or graver penalty;

In case the offender has been sentenced to imprisonment or graver penalty relative to a certain other offence committed prior to the sentence suspending execution of penalty;

In case (with the exception of persons mentioned in No. 2 of the preceding Article) it is discovered that the offender has been sentenced to imprisonment or a graver penalty relative to some other offence committed prior to the sentence suspending the execution of the penalty.

27.

When the term of suspension of executing the penalty has fully elapsed without the sentence being cancelled, the judgment inflicting the penalty will become null and void.

Chapter V.

Provisional Liberation.

28.

In the case of persons who have been sentenced to penal servitude or imprisonment, should they show signs of reformation (have an appearance of amendment), a ticket-of-leave may be granted to them by an administrative measure after the lapse of one-third of the whole term of a limited penalty or of 10 years of a perpetual penalty.

29.

Release on ticket-of-leave may be cancelled in the following cases:—

When persons, during the term of their liberation on a ticket-of-leave, have committed a further offence and have been sentenced to a fine or graver penalty;

When the condemned has been sentenced to a fine or graver penalty in regard to another offence committed prior to his being released on ticket-of-leave;

When persons who have been sentenced to a fine or graver penalty on account of other offences committed prior to their temporary liberation on ticket-of-leave are to undergo the execution of such penalty;

In case of any infringement of the regulations relating to the control of persons liberated on ticket-of-leave.

In case a release on ticket-of-leave has been cancelled, the number of days during which the condemned has been out of prison on such ticket-of-leave shall not be reckoned (for his benefit) in calculating the terms of the penalty.

30.

Persons who have been sentenced to detention, may, at any time, according to the circumstances of the case, be granted provisional liberation by an administrative measure.

The same rule applies to the case of persons under detention in consequence of their inability to pay fines or police fines in full.

Chapter VI.

Prescription.

31.

Persons who have been sentenced to a penalty may have the execution of such sentence remitted by virtue of prescription.

32.

Prescription is acquired by condemned persons who have evaded the execution of their penalties during the following respective terms calculated from the time at which judgment has become irrevocable:—

30 years for a capital penalty;

20 years for perpetual penal servitude or perpetual imprisonment;

15 years for limited penal servitude or limited imprisonment of upwards of 10 years: 10 years for limited penal servitude or limited imprisonment of

upwards of 3 years: 5 years for limited penal servitude or limited imprisonment of less than 3 years;

3 years for fines;

1 year for detention, police fine, or confiscation.

33.

Prescription does not run within the term during which the execution of penalty has been suspended or stayed in accordance with Laws and Ordinances.

34.

Prescription is interrupted by the arrest of the condemned for the purpose of enforcing the execution of the penalty.

With regard to fine, police fine, or confiscation, prescription is interrupted by an act executory of the penalty.

Chapter VII.

Non-constituency of Offences, and Legal Excuses.

35.

Acts performed in accordance with the Laws and Ordinances, or in carrying on one’s lawful and proper business, are not punishable.

36.

Acts performed under the stress of unavoidable necessity, in order to protect the rights of one’s self or those of others against imminent and improper attack and injury, are not punishable.

If the act has exceeded the limits of defence, the penalty may be either lowered or entirely remitted according to the circumstances of the case.

37.

With regard to acts performed under the stress of unavoidable necessity, for the purpose of saving from immediate danger the life, person, liberty, or property of oneself or another, if the injury occasioned by the said acts is not graver in degree than that which it was endeavoured to avoid, such acts are not punishable; and if the degree of injury caused is greater, the penalty may be either lowered or remitted according to the circumstances of the case.

The provisions of the preceding paragraph are not applicable to persons who have special duties (obligations) appertaining to their calling.

38.

There is exemption from penalty when the accused has not had the intention of committing an infraction, save in cases determined by special provisions of the law.

Persons who at the time of committing offences were unaware of the gravity thereof cannot be sentenced to the heaviest penalty.

Ignorance of the law cannot be invoked to establish absence of design (intention), but the penalty may be lowered according to the circumstances of the case.

39.

Acts committed owing to insanity shall not be punished.

With regard to acts committed by weak-minded persons the penalty is to be reduced.

40.

Acts of deaf mutes shall either not be punished, or the punishment shall be lowered.

41.

The acts of infants under the age of fourteen years shall not be punishable.

42.

The penalty may be lowered when the offender has denounced himself to the authorities prior to their obtaining official congnizance of the act.

The same is applicable if the offender denounces himself to the injured party in cases where the complaint of the injured party should be awaited before official action is taken.

Chapter VIII.

Of Infractions not Consummated.

43.

When the execution of an offence has been actually commenced, but has not been consummated, the penalty may be lowered. In case the execution of the offence has been abandoned by the person’s own will, the penalty will be either reduced or remitted.

44.

Cases where infractions not consummated are punishable are specified in the respective Articles dealing with each particular offence.

Chapter IX.

Of Concurrent Offences.

45.

Several infractions in respect to which irrevocable judgment has not yet been rendered, shall be deemed concurrent offences.

Should irrevocable judgment have been rendered with regard to one infraction, then only that particular infraction, and the offence(s) committed prior to such irrevocable judgment having been rendered, shall be considered as concurrent offences.

46.

If among concurrent offences one is punishable by death, the penalties for the other offences (with the exception of confiscation) shall not be imposed.

If one of the offences is punishable by perpetual penal servitude, or perpetual imprisonment, the penalties for the other offences (with the exception of fine, police fine, or confiscation) shall not be imposed.

47.

When there are upwards of two concurrent offences punishable by limited penal servitude or imprisonment, the maximum term shall be that of the penalty for the most serious of the offences increased by one-half. The maximum term shall not exceed the total accumulative term of all the various and several inflictable penalties added together.

48.

Fines and other penalties shall be concurrently imposed, except in the case provided for in the first paragraph of Article 46.

When two or more than two fines are imposed, the total amount of such fines shall be less than the total of all the fines imposable for each offence.

49.

Even though there be no confiscation attached to the gravest of the concurrent offences, should confiscation be an accessory penalty to any of the other offences it may be inflicted additionally.

Should there be two or more than two concurrent instances of confiscation, such confiscation shall be imposed concurrently.

50.

When among concurrent crimes one (or more) has been adjudicated upon, and the other not yet tried, the offence not yet adjudicated upon shall be further tried and decided.

51.

When two or more than two judgments have been rendered with reference to concurrent offences, the penalties shall be concurrently imposed and executed. But, when the death penalty should be executed, other penalties (with the exception of confiscation) shall not be enforced. When one of the offences is punishable by perpetual penal servitude or imprisonment, other penalties (with the exception of fine, police fine, and confiscation) shall not be enforced. With regard to the enforcement of the penalties of limited penal servitude or imprisonment, the longer term imposable in respect to the most serious crimes may not be augmented by more than half such longer term.

52.

When a person has been dealt with in respect to concurrent offences and been pardoned with regard to one of them by reason of an amnesty, the penalty shall be specially determined with reference to the other offence (or offences) not included in such amnesty.

53.

Detention or police fine shall be imposed concurrently with other penalties, except in such cases as are provided for in Article .

Two or more than two instances of detention or police fine shall be imposed concurrently.

54.

In case an individual act is one involving several offences, or an act which is a means of committing an offence or a result of such offence constitutes another offence, the most serious of the inflictable penalties shall be imposed.

The provisions of the second paragraph of Article are applicable in the cases contemplated in the preceding paragraph.

55.

In cases where several successive acts all constitute the same offence, such consecutive acts shall be dealt with as forming one offence.

Chapter X.

Of the Repetition of Offences.

56.

When a person is sentenced to penal servitude and within five years from the day on which the execution of the penalty ceased, or was remitted, he again commits another offence punishable by limited penal servitude, such offence shall be considered as a “repeated offence” (sai-han).

The same is applicable in cases where a person who has been sentenced to death owing to his committal of an offence similar in nature to one which is punishable by penal servitude, and within the term specified in the preceding paragraph, calculated from the day on which the execution of the penalty was remitted, or (in case the penalty was lowered on account of commutation) the execution of penal servitude was either completed or remitted, he again commits another offence punishable by limited penal servitude.

When a person has been sentenced with regard to concurrent offences among which there is an infraction punishable by penal servitude, he shall be deemed as condemned to penal servitude with reference to the application of the provisions re “repeated offences,” even though such infraction may not constitute the most serious one of the concurrent offences.

57.

The penalty for “repeated offences” shall not exceed double the maximum term of penal servitude specified in respect to each such particular penalty.

58.

When, after a judgment has become irrevocable, it is discovered that the person is one who has committed a “repeated offence,” the penalty to be augmented shall be determined in accordance with the provisions of the preceding Article.

The provisions of the preceding Article are not applicable to a person who has been discovered after having either undergone execution of penal servitude or having had the punishment remitted.

59.

The provisions re “repeated offences” are likewise applicable even in the case of persons who have committed infractions three times or more.

Chapter XI.

Of Co-operation of Several Persons in the Same Offence.

60.

When two or more persons have united in the actual commission of an offence they shall all be regarded as principals.

61.

Persons who have instigated others and actually caused the commission of an offence shall be treated as principals.

The same is applicable in the case of persons who have instigated other instigators.

62.

Persons who have assisted principal offenders shall be regarded as accomplices.

Persons who have instigated accomplices shall be treated as accomplices.

63.

As regards the punishment of accomplices, the penalties imposable upon principals shall be inflicted in a mitigated form.

64.

In case of an offence punishable only by detention or police fine, neither instigators nor accomplices are punishable except by virtue of a special provision of the law.

65.

When persons who have been participators in an act which constitutes an offence by reason of the social status of the principal offender, they shall be regarded as joint offenders, even though their relative social positions may not be identical.

When the severity of a penalty is specially determined according to the social status or rank of the offender, the ordinary penalty shall be inflicted on the person not possessing such social status or rank.

Chapter XII.

Of Extenuating Circumstances.

66.

When extenuating circumstances exist in favour of an offender, they may be considered, and the penalty reduced accordingly.

67.

Even in cases where the law determines the lowering or raising of penalties, extenuating circumstances may still be taken into consideration and the penalty further reduced.

Chapter XIII.

Of the Aggravation and Commutation of Penalties.

68.

When there exists one or more legal causes for mitigating penalties, the following rules shall govern:—

When the punishment of death is to be mitigated it shall be commuted to penal servitude or imprisonment, either perpetual or for a period of not less than ten years;

When the punishment or perpetual penal servitude or imprisonment is to

be mitigated, it shall be commuted either to limited penal servitude or imprisonment for a period of not less than seven years;

When either limited penal servitude or limited imprisonment is to be mitigated, one-half of the term of the penalty shall be reduced;

When the punishment of fine is to be mitigated, one-half of the amount of the fine shall be reduced;

When detention is to be mitigated, one half of the maximum term of the detention shall be reduced;

When police fine is to be mitigated, one-half of the maximum amount of the fine shall be reduced.

69.

In the case of mitigating penalties according to the law, if there are two or more than two descriptions of penalties, the suitable penalty to be inflicted shall be first determined upon, and it shall then be lowered.

70.

In reducing the punishment of penal servitude, imprisonment or detention, if there remain any fraction of a day, such remainder shall be cut off.

In mitigating the punishment of fine or police fine, if there remain any fraction of one sen, the same rule shall be applied.

71.

When penalties should be mitigated in consideration of extenuating circumstances they shall be lowered in accordance with the precedents mentioned in Article and the preceding Article.

72.

When there exist simultaneously causes in aggravation and extenuation of the penalty, these causes are to be considered in the following order:—

Aggravation of penalty on account of the repetition of the offence:

Legal mitigation;

Aggravation of penalty on account of concurrence of offences;

Extenuating circumstances.