Act on Prevention of Transfer of Criminal Proceeds

The mayor of a municipality (which includes the mayor of a special ward, and, in a designated city under Article 252-19, paragraph (1) of the Local Autonomy Act (Act No. 67 of 1947), is the ward mayor or the comprehensive ward mayor) may, to the Public Safety Commission or a person seeking to receive payment of specified compensation for criminal damage, in accordance with the Municipal Ordinance of the municipality (including a special ward) concerned, provide free certification concerning the family register of an eligible victim or that person's general successor, or of the general successor of a person whose ruling of eligibility has become final.

In any of the cases listed in the following items, the Chief of Prefectural Police Headquarters is to transfer the property specified in the relevant item into the revenue of the general account of the prefecture to which the prefectural police concerned belong:

when the right to claim return has been extinguished under the provisions of Article 19-10 with respect to property in custody for which the act giving rise to custody is a transfer of property listed in Article 19-5, paragraph (1), item (ii): the property in custody;

when public notice has been given under the provisions of Article 19-14, paragraph (6): the property in custody pertaining to the public notice.

In any of the cases listed in the following items, the Public Safety Commission is to transfer the money specified in the relevant item into the revenue of the general account of the prefecture in which that Public Safety Commission is established:

when the decision under Article 19-17, paragraph (1) has become final and compensatory funds are in custody at the time of that finalization: those compensatory funds (where custody under Article 19-20, paragraph (3) was carried out before that finalization, excluding money equivalent to the amount so kept in custody (or, where specified compensation for criminal damage has been paid under paragraph (4) of that Article using the compensatory funds pertaining to that custody as the source, the amount remaining after deducting the amount so paid));

when custody has been carried out under Article 19-20, paragraph (3) and there is no person to receive payment of specified compensation for criminal damage under paragraph (4) of that Article: the compensatory funds so kept in custody;

when, with respect to compensatory funds kept in custody under Article 19-20, paragraph (3), all of the specified compensation for criminal damage to be paid under paragraph (4) of that Article and Article 19-21, paragraph (2) has been paid, and compensatory funds are still in custody: those compensatory funds.

A prefecture is to endeavor to appropriate an amount equivalent to the amount of money transferred into the revenue of the general account of that prefecture under the preceding two paragraphs as a source of funds for the expenses necessary for implementing measures for crime victims, etc. prescribed in Article 2, paragraph (3) of the Basic Act on Crime Victims (Act No. 161 of 2004).

A person who is dissatisfied with a ruling, decision or other act listed in the following items (hereinafter referred to in this paragraph and the following Article as a "ruling, etc.") may file a request for examination with the Public Safety Commission that made the ruling, etc. within 30 days from the day specified respectively in those items:

a ruling under the provisions of Article 10 or Article 11 of the Applied Payment Act: the day following the day on which a certified copy of the written ruling is served;

the decision under Article 19-17, paragraph (1): the day following the day of the public notice of that decision;

beyond what is set forth in the preceding two items, an act of the Public Safety Commission relating to procedures under the provisions of this Section that is specified by National Public Safety Commission Rules: the day specified by National Public Safety Commission Rules.

Notwithstanding the provisions of the preceding paragraph, a request for examination may be filed even after the expiration of that period if there is a justifiable reason.

Where a person who has filed an application for a ruling, etc. with the Public Safety Commission under the provisions of this Section or National Public Safety Commission Rules based on the provisions of this Section finds that, although a reasonable period of time has passed since the application, there is inaction on the part of that Public Safety Commission (meaning that the Public Safety Commission makes no ruling, etc. whatsoever in response to an application under the provisions of this Section or National Public Safety Commission Rules based on the provisions of this Section; the same applies hereinafter in this Article), the person may file a request for examination with that Public Safety Commission regarding that inaction.

The provisions of Article 4, paragraphs (1) and (2) as applied with replacement of terms pursuant to paragraph (5) of that Article, Article 7, paragraph (1) and Article 8, paragraph (1) do not apply to transactions pertaining to accounts, etc. for measures to prevent criminal use conducted by the specified business operators listed in the items of Article 19-2.

The provisions of Article 26, paragraphs (1) and (2), Article 27, paragraphs (1) and (2), Article 28, paragraphs (1) and (2), Article 29, paragraphs (1) and (2), Article 30, paragraphs (1) and (2), Article 31, paragraphs (1) and (2), and the first sentence of Article 32, paragraph (2) do not apply to acts that a police officer carries out for a measure to prevent criminal use of accounts, etc. or for preparation therefor.

The provisions of Article 26, paragraph (2), Article 27, paragraph (2), Article 28, paragraph (2), Article 29, paragraph (2), Article 30, paragraph (2) and Article 31, paragraph (2) do not apply to an act of a specified business operator listed in the items of Article 19-2 that has carried out the opening or establishment of an account, etc. for measures to prevent criminal use that was opened or established in response to a request under the provisions of that Article, of delivering or providing the passbooks, etc. for measures to prevent criminal use pertaining to that account, etc. to a police officer.

The provisions of Chapters II through IV of the Act on Payment of Damage Recovery Benefits from Funds in Deposit Accounts Used for Crime (Act No. 133 of 2007) do not apply to accounts, etc. for measures to prevent criminal use.

In addition to what is provided for in this Chapter, matters necessary for implementing the provisions of this Chapter are specified by National Public Safety Commission Rules.