The provisions of Articles 342-3 through 342-8 apply mutatis mutandis to the permission under the preceding Article. In this case, the phrases listed in the middle column of the following table in the provisions listed in the left-hand column of the same table are deemed to be replaced with the phrases listed in the right-hand column of the same table, respectively.
| Article 342-3, Article 342-4, paragraph (2), Article 342-6, paragraph (2), and Article 342-8, paragraph (1) | the pronouncement of a judgment to impose imprisonment or a greater punishment | a ruling under Article 345-2 |
| Article 342-5, paragraph (2) | the pronouncement of the judgment | |
| Article 342-5, paragraph (2) | the category and term of the sentence pertaining to the judgment pronounced | the amount of the fine pertaining to the judicial decision notified and the period of detention in the case where the fine cannot be paid in full |
| Article 342-6, paragraph (2) | Article 342-3 | Article 342-3 as applied mutatis mutandis with the terms replaced pursuant to Article 345-3 |
| Article 342-8, paragraph (1) | when | in the case where |
| if a defendant who has received the permission under Article 342-2 does not, without justifiable grounds, return to or land in Japan within the designated period | in the case where a defendant who has received the permission under Article 342-2 does not, without justifiable grounds, return to or land in Japan within the designated period, if the court finds that there is a risk that the fine will be unable to be paid in full after the judicial decision imposing a fine pertaining to the ruling becomes final and binding |
第三百四十二条の三から第三百四十二条の八までの規定は、前条の許可について準用する。この場合において、次の表の上欄に掲げる規定中同表の中欄に掲げる字句は、それぞれ同表の下欄に掲げる字句に読み替えるものとする。
| 第三百四十二条の三、第三百四十二条の四第二項、第三百四十二条の六第二項及び第三百四十二条の八第一項 | 拘禁刑以上の刑に処する判決の宣告 | 第三百四十五条の二の規定による決定 |
| 第三百四十二条の五第二項 | 当該判決の宣告 | |
| 第三百四十二条の五第二項 | 宣告された判決に係る刑名及び刑期 | 告知された裁判に係る罰金の金額及び罰金を完納することができない場合における留置の期間 |
| 第三百四十二条の六第二項 | 第三百四十二条の三 | 第三百四十五条の三において読み替えて準用する第三百四十二条の三 |
| 第三百四十二条の八第一項 | とき、 | 場合、 |
| ときは | 場合において、当該決定に係る罰金の裁判の確定後に罰金を完納することができないこととなるおそれがあると認めるときは |
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fine
罰金
A criminal punishment of paying money to the state, of 10,000 yen or more, or less where it is reduced (Penal Code, Article 15). It ranks below imprisonment (拘禁刑) and above penal detention (拘留) and a petty fine (科料) (Articles 9 and 10, paragraph (1)). A person who cannot pay it in full is held in a workhouse (労役場) for one day to two years, or up to three years where fines are imposed together, a period set when the sentence is passed (Article 18, paragraphs (1), (3) and (4)); not within thirty days of the sentence becoming final without the person's consent (paragraph (5)). If it is not enforced for three years after the sentence becomes final, the person is released from it by prescription (Articles 31 and 32, item (v)); the three years do not run while its execution is suspended under law or the person is abroad, and an act of execution interrupts them (Articles 33 and 34, paragraph (2)).
Written by AI using Penal Code, Arts. 9, 10, 15, 18, 31 to 34 as a reference.
imprisonment
拘禁刑
The punishment of being held in a penal institution (刑事施設), for life or for a fixed term of one month to twenty years (Penal Code, Article 12, paragraphs (1) and (2)); a fixed term can be raised to thirty years where the punishment is aggravated, or cut below one month where it is reduced (Article 14, paragraph (2)). To help the person reform and rehabilitate, they may be made to do work or given guidance (Article 12, paragraph (3)). It ranks below the death penalty and above a fine (罰金) among the principal punishments (Articles 9 and 10, paragraph (1)). It replaced imprisonment with work (懲役) and imprisonment without work (禁錮) when the Act Partially Amending the Penal Code, etc. (Act No. 67 of 2022) came into force (Act No. 67 of 2022, Article 2), and a person sentenced to either is treated, for the rules on a person's qualifications, as sentenced to imprisonment for the same term (Act No. 68 of 2022, Article 443, paragraph (1)).
Written by AI using Penal Code, Arts. 9, 10, 12, 14, Act No. 67 of 2022, Art. 2 and Act No. 68 of 2022, Art. 443 as a reference.