Act on Prevention of Transfer of Criminal Proceeds

When the Public Safety Commission has made a decision to commence procedures to pay specified compensation for criminal damage under the provisions of paragraph (2) of the preceding Article, it must promptly request the Commissioner General of the National Police Agency to give the public notice under the provisions of the following paragraph.

Upon the request under the preceding paragraph, the Commissioner General of the National Police Agency must promptly give public notice of the following matters:

the fact that procedures to pay specified compensation for criminal damage have been commenced;

the name of the Public Safety Commission that carries out the procedures to pay specified compensation for criminal damage;

the name of the specified business operator pertaining to the account, etc. for measures to prevent criminal use and the source deposit account, etc. pertaining to that decision, the number or other code of the account, etc., and the full name or name of the account holder;

the amount of the compensatory funds pertaining to that decision;

the application period for payment;

in addition to what is listed in the preceding items, matters specified by National Public Safety Commission Rules.

The application period for payment under item (v) of the preceding paragraph must be 30 days or more counting from the day following the day of the public notice under the provisions of that paragraph.

The Public Safety Commission must notify the eligible victims or their general successors who are known of the matters to be publicly notified under the provisions of paragraph (2). However, this does not apply to a person who is clearly a person who cannot receive payment of specified compensation for criminal damage.

In addition to what is provided for in the preceding paragraphs, necessary matters concerning the public notice under the provisions of paragraph (2) and the notification under the provisions of the preceding paragraph are specified by National Public Safety Commission Rules.

In the case where any of the following items applies, the Public Safety Commission is to make a decision to terminate the procedures to pay specified compensation for criminal damage:

when there is no application under Article 9, paragraph (1) of the Act on the Payment of Compensation for Criminal Damage Using Stolen and Misappropriated Property as applied mutatis mutandis in the preceding Article (hereinafter referred to as the "Applied Payment Act");

when, with respect to all applications under Article 9, paragraph (1) or (2) of the Applied Payment Act, a ruling under Article 10 or Article 11 of the Applied Payment Act has been made, and there is no person who has received a ruling under Article 10, paragraph (1) of the Applied Payment Act to the effect that the person is a person who may receive payment of specified compensation for criminal damage (hereinafter referred to as a "ruling of eligibility"); or

when all of the specified compensation for criminal damage to be paid under the provisions of Article 14, paragraphs (1) and (2) and Article 17 of the Applied Payment Act (including the case where these provisions are to be followed pursuant to Article 19-21, paragraph (2)) has been paid under those provisions.

When the Public Safety Commission has made a decision to terminate the procedures to pay specified compensation for criminal damage pursuant to the preceding paragraph, it must request the Commissioner General of the National Police Agency to give the public notice under the following paragraph.

Upon the request under the preceding paragraph, the Commissioner General of the National Police Agency must promptly give public notice that the procedures to pay specified compensation for criminal damage have been terminated.

Where the Public Safety Commission finds it necessary for conducting the affairs under the provisions of this Section, it may order a person who has made an application under Article 9, paragraph (1) or (2) of the Applied Payment Act (referred to as an "applicant for specified compensation for criminal damage" in Article 35, item (iv)) or any other person concerned to make a report, submit documents or other articles, or appear, or may make inquiries to public offices or public or private organizations and request reports of necessary matters.

When specified compensation for criminal damage has been paid, the claim for damages and any other claim that the person who received the payment holds in relation to the criminal act warranting compensation is extinguished to the extent of the amount received.

If, in the procedures to pay specified compensation for criminal damage, there is a person who has received payment of specified compensation for criminal damage by deceit or other wrongful means, the Public Safety Commission may collect from that person all or part of an amount equivalent to the amount of the specified compensation for criminal damage received, following the example of dispositions for delinquency in local taxes.

The priority of the statutory lien on money collected under the provisions of the preceding paragraph is to rank next after national taxes and local taxes.

When the Public Safety Commission has made a collection under the provisions of paragraph (1), it is to keep the money pertaining to that collection in custody as compensatory funds.

Where the Public Safety Commission has kept money in custody under the provisions of the preceding paragraph, and in the procedures to pay specified compensation for criminal damage there is a person, other than the person prescribed in paragraph (1), who has received a ruling of eligibility (excluding a person whose right to receive payment of specified compensation for criminal damage has been extinguished; hereinafter in this paragraph referred to as "another person who has received a ruling of eligibility"), and the amount of specified compensation for criminal damage already paid to that other person who has received a ruling of eligibility is less than the amount of criminal damage (meaning the amount of criminal damage prescribed in Article 10, paragraph (2) of the Applied Payment Act as determined in the ruling of eligibility; the same applies in paragraph (2) of the following Article), it must, without delay, pay specified compensation for criminal damage to that other person who has received a ruling of eligibility or that person's general successor, using the compensatory funds pertaining to that custody as the source, in accordance with the provisions of Article 14, paragraphs (1) through (3) and Article 17 of the Applied Payment Act. However, this does not apply if the amount collected from the person prescribed in paragraph (1) is less than 1,000 yen.

The right to receive payment of specified compensation for criminal damage is extinguished if it is not exercised for six months from the time of the public notice under Article 14, paragraph (3) of the Applied Payment Act (including the case where it is to be followed pursuant to paragraph (4) of the preceding Article and the following paragraph).

Where the right to receive payment of specified compensation for criminal damage has been extinguished under the provisions of the preceding paragraph, and in the procedures to pay specified compensation for criminal damage there is a person, other than the person who held that right, who has received a ruling of eligibility (excluding a person whose right to receive payment of specified compensation for criminal damage has been extinguished; hereinafter in this paragraph referred to as "another person who has received a ruling of eligibility"), and the amount of specified compensation for criminal damage already paid to that other person who has received a ruling of eligibility is less than the amount of criminal damage, the Public Safety Commission must, without delay, pay specified compensation for criminal damage to that other person who has received a ruling of eligibility or that person's general successor, using as the source an amount of money equivalent to the amount of specified compensation for criminal damage pertaining to the right extinguished under that paragraph, in accordance with the provisions of Article 14, paragraphs (1) through (3) and Article 17 of the Applied Payment Act. However, this does not apply if the amount of specified compensation for criminal damage pertaining to the right extinguished under the provisions of the preceding paragraph is less than 1,000 yen.

The right to receive payment of specified compensation for criminal damage may not be assigned, offered as security, or seized. However, this does not apply to seizure by a disposition for delinquency in national taxes (including a disposition that follows the example thereof).