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Article 185-8第百八十五条の八
Suspension of the Validity of a Decision（決定の効力の停止）
If, after the decision referred to in paragraph (1) of the preceding Article (limited to a decision connected with Article 178, paragraph (1), item (iv) or (xi), or items (xii) through (xvi); hereinafter the same applies in paragraphs (4), (5), (8), and (11)) or the decision referred to in Article 185-7, paragraph (6), (7), (10), (11), or (14) (but only if the Prime Minister finds a fact set forth in Article 178, paragraph (1), item (iv), (xi), or (xvi) to have occurred; the same applies in paragraphs (4), (5), (8), and (11) of this Article), or Article 185-7, paragraph (15) (but only if the Prime Minister finds a fact set forth in Article 178, paragraph (1), item (iv) or (xi), or items (xii) through (xvi) to have occurred; the same applies in paragraphs (4), (5), (8), and (11) of this Article) is reached and before the due date for payment in connection with that decision, prosecution is instituted against the person subject to that decision in connection with the same case, the Prime Minister must suspend the validity of the decision until the judicial decision in the same case becomes final and binding; provided, however, that this does not apply if the administrative monetary penalty under that decision has already been paid in full.
Article 185-8, paragraph (2)（決定の効力の停止）(Suspension of the Validity of a Decision)Changed
If the validity of the decision referred to in paragraph (1) of the preceding Article (limited to a decision connected with Article 178, paragraph (1), item (iv) or (xi); hereinafter the same applies in paragraph (6)) or the validity of the decision referred to in Article 185-7, paragraph (6), (7), (10), (11), or (14) (but only if the Prime Minister finds a fact set forth in Article 178, paragraph (1), item (iv) or (xi) to have occurred; the same applies in paragraph (6) of this Article), or Article 185-7, paragraph (15) (but only if the Prime Minister finds a fact set forth in Article 178, paragraph (1), item (iv) or (xi) to have occurred; the same applies in paragraph (6) of this Article) is suspended pursuant to the main clause of the preceding paragraph, and the final and binding judicial decision in the case imposes a fine on the person subject to that decision, the Prime Minister must suspend the validity of the decision until a certified copy of a documentthe electronic or magnetic record concerning a disposition for changes under paragraph (6) is served.
Article 185-8, paragraph (3)（決定の効力の停止）(Suspension of the Validity of a Decision)Changed
If the validity of the decision referred to in Article 185-7, paragraph (1) (limited to a decision connected with any of Article 178, paragraph (1), items (xii) through (xvi); the same applies in paragraph (7) of this Article), Article 185-7, paragraph (14) (but only if the Prime Minister finds a fact set forth in any of Article 178, paragraph (1), items (xii) throughitem (xvi) to have occurred; the same applies in paragraph (7) of this Article), or Article 185-7, paragraph (15) (but only if the Prime Minister finds a fact set forth in any of Article 178, paragraph (1), items (xii) through (xvi) to have occurred; the same applies in paragraph (7) of this Article) is suspended pursuant to the main clause of paragraph (1), and the final and binding judicial decision in the case imposes a confiscation of the properties set forth in the items of Article 198-2, paragraph (1) or the collection of the value of the properties set forth in the items of Article 198-2, paragraph (1) against the person subject to the decision, the Prime Minister must suspend the validity of the decision until a certified copy of a documentthe electronic or magnetic record concerning a disposition for changes under paragraph (7) is served.
Notwithstanding the provisions of paragraph (21) of the preceding Article, if the validity of the decision referred to in paragraph (1), (6), (7), (10), (11), (14) or (15) of that Article is suspended pursuant to the provisions of paragraph (1), the due date for the administrative monetary penalty payment is the day on which two months have elapsed since the day that the judicial decision in the case becomes final and binding.
Article 185-8, paragraph (5)（決定の効力の停止）(Suspension of the Validity of a Decision)Changed
Notwithstanding the provisions of paragraph (21) of the preceding Article and the preceding paragraph, if the validity of the decision referred to in paragraph (1), (6), (7), (10), (11), (14) or (15) of that Article is suspended pursuant to the provisions of paragraph (2) or (3) of this Article, the due date for the payment of an administrative monetary penalty payment is the day on which two months have elapsed since the day that a certified copy of a document , with regard to the electronic or magnetic record concerning a disposition for changes under the following paragraph or paragraph (7), a document under the provisions of Article 185-10-2 is dispatched or a notice under the provisions of Article 109-2, paragraph (1), main text of the Code of Civil Procedure as applied mutatis mutandis pursuant to Article 185-10 is dispatched.
After the issuance of the decision referred to in paragraph (1) of the preceding Article or the decision referred to in paragraph (6), (7), (10), (11), (14) or (15) of that Article, if a final and binding judicial decision in the same case imposes a fine on the person subject to the decision, the Prime Minister must change the amount of the administrative monetary penalty subject to the decision, from the amount under those provisions to the amount equivalent to what is arrived at when the amount set forth in item (ii) is deducted from the amount set forth in item (i), and the difference is divided proportionally in parallel to the amount of the administrative monetary penalty subject to the decision, pursuant to the provisions of Cabinet Office Order; provided however, that this does not apply unless the amount set forth in item (i) exceeds the amount set forth in item (ii):
the sum of the amounts of the administrative monetary penalty subject to the relevant decisions;
当該決定に係る課徴金の額を合計した額
Article 185-8, paragraph (6), item (ii)（決定の効力の停止）
the amount of the fine.
当該罰金の額
Article 185-8, paragraph (7)（決定の効力の停止）
After the decision referred to in paragraph (1), (14), or (15) of the preceding Article, if the final and binding judicial decision in the same case imposes a confiscation of the properties set forth in the items of Article 198-2, paragraph (1) or the collection of the value of the properties set forth in the items of Article 198-2, paragraph (1) against the person subject to the decision, the Prime Minister must change the amount of the administrative monetary penalty subject to the decision referred to in paragraph (1), (14), or (15) of the preceding Article, to the amount arrived at when the amount set forth in item (ii) is deducted from the amount set forth in item (i); provided, however, this does not apply unless the amount set forth in item (i) exceeds the amount set forth in item (ii):
the amount specified in the provisions of Article 173, paragraph (1), Article 174, paragraph (1), Article 174-2, paragraph (1), Article 174-3, paragraph (1), Article 175, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (9) of that Article) or paragraph (2) of that Article, or Article 185-7, paragraph (14) or (15);
the amount equivalent to the properties set forth in the items of Article 198-2, paragraph (1) whose confiscation is ordered in the judicial decision, or the amount equivalent to the values of the properties set forth in the items of Article 198-2, paragraph (1) whose collection is ordered in the judicial decision (if both the confiscation of the properties set forth in the items of Article 198-2, paragraph (1) and the collection of the value of the properties set forth in the items of Article 198-2, paragraph (1) are ordered in the judicial decision, this means the sum total of the amount equivalent to the properties set forth in the items of Article 198-2, paragraph (1) whose confiscation is ordered in the judicial decision and the amount equivalent to the values of the properties set forth in the items of Article 198-2, paragraph (1) whose collection is ordered in the judicial decision).
In a case as referred to in the proviso to paragraph (6) or the proviso to the preceding paragraph, the Prime Minister must rescind the decision referred to in paragraph (1), (6), (7),(10), (11), (14) or (15) of the preceding Article.
Article 185-8, paragraph (9)（決定の効力の停止）(Suspension of the Validity of a Decision)Changed
A When the Prime Minister has made a disposition for changes under paragraph (6) or (7), the Prime Minister must be made , as provided by Cabinet Office Order, record the electronic or magnetic record pertaining to that disposition in writingthe file.
Article 185-8, paragraph (10)（決定の効力の停止）(Suspension of the Validity of a Decision)Changed
A disposition for changes under paragraph (6) or (7) becomes effective through the service of a certified copy of a documentthe electronic or magnetic record concerning that disposition.
Prescription of a claim involving an administrative monetary penalty does not run while the validity of the decision referred to in paragraph (1), paragraph (6), paragraph (7), paragraph (10), paragraph (11), paragraph (14), or paragraph (15) of the preceding Article is suspended pursuant to the provisions of paragraphs (1) through (3).
If the amount of an administrative monetary penalty calculated pursuant to the provisions of paragraph (6) includes an amount that is less than one yen, the amount is rounded down to the nearest one yen.
Article 185-9, paragraph (1)（送達書類等）Documents, etc. to Be ServedChanged
The documents or electronic or magnetic records that are required to be served other than those prescribed in this section are specified by Cabinet Office Order.
送達すべき書類又は電磁的記録は、この節に規定するもののほか、内閣府令で定める。
Article 185-10第百八十五条の十Caption changed
Application, Mutatis Mutandis of Provisions of Code of Civil Procedure Concerning Service
Article 185-10, paragraph (1)（民事訴訟法の送達に係る規定の準用）Application, Mutatis Mutandis of Provisions of Code of Civil Procedure Concerning ServiceChanged
The provisions of ArticleArticles 99, Article 100, paragraph (1), Article through 101, and Articles 102-2 through 108109-4 of the Code of Civil Procedure apply mutatis mutandis to the service of documents or electronic or magnetic records. In this case, in these provisions, the term "the court in charge of the case" is deemed to be replaced with "the Prime Minister or a trial examiner"; in Article 100, paragraph (1) of that Code, the term "the court" is deemed to be replaced with "the Prime Minister or a trial examiner"; in Article 101, paragraph (12) of that CodeArticle, the term "a court enforcement officerthe Rules of the Supreme Court" is deemed to be replaced with "an official ofCabinet Office Order", the Financial Services Agency"; phrase "the court's computer files" is deemed to be replaced with "the file (meaning the file prescribed in Article 104179, paragraph (1) of that Code, the Financial Instruments and Exchange Act; the same applies in Article 109)", and the phrase "party, legal representative, or litigation representativethe paper document referred to in that paragraph" is deemed to be replaced with "respondent or representative of the paper document referred to in the respondent" and preceding paragraph"; in Article 101, paragraph (1) of that Code, the phrase "theterm "a court enforcement officer" is deemed to be replaced with "an official who handles the affairs of trial procedures"; in charge Article 104, paragraph (1) of that Code, the case" phrase "party, legal representative, or litigation representative" is deemed to be replaced with "the Prime Ministerrespondent or a trial examinerrepresentative of the respondent"; in Article 107, paragraph (1) of that Code, the term "the court clerk" is deemed to be replaced with "an official of who handles the Financial Services Agencyaffairs of trial procedures"; in item (iii) of that paragraph, the term "the case record" is deemed to be replaced with "the record of the case"; and in Article 108 of that Code, the term "the presiding judge" is deemed to be replaced with "the Prime Minister or the chief trial examiner (or a trial examiner, in the case of the proviso to Article 180, paragraph (1) of the Financial Instruments and Exchange Act)"; in Article 109-2, paragraphs (1) and (2) and Article 109-3, paragraph (1), item (i) of that Code, the term "the Rules of the Supreme Court" is deemed to be replaced with "Cabinet Office Order"; and in Article 109-4, paragraph (1) of that Code, the phrase "a person stated in the items of Article 132-11, paragraph (1)" is deemed to be replaced with "a representative (limited to a person who is an attorney-at-law, legal professional corporation, or attorney-at-law and registered foreign lawyer joint corporation)" and the phrase "the provisions of Article 109-2, paragraph (1)" is deemed to be replaced with "the provisions of that paragraph".
Article 185-10-2, paragraph (1)（課徴金納付命令の決定等に係る電磁的記録の送達の特則）Special Provisions on Service of Electronic or Magnetic Records Pertaining to Decisions, etc. to Issue Administrative Monetary Penalty Payment OrdersAdded
Service under the provisions of Article 185-7, paragraph (22) and Article 185-8, paragraph (10) is made, notwithstanding the provisions of Article 109 of the Code of Civil Procedure as applied mutatis mutandis pursuant to the preceding Article, by means of either a document stating the particulars recorded in the electronic or magnetic record pertaining to the decision prescribed in Article 185-7, paragraph (19) or the electronic or magnetic record pertaining to a disposition for changes under Article 185-8, paragraph (6) or (7), the content of which a staff member who handles the affairs of trial procedures has certified, by the method specified by Cabinet Office Order, to be identical to the particulars recorded in those electronic or magnetic records, or the method under the provisions of the main text of Article 109-2, paragraph (1) of that Act as applied mutatis mutandis pursuant to the preceding Article (limited to a case in which service may be made under that paragraph).
The Ministry of Justice's English of this passage has a slip, so the English shown is this site's correction of it. The Ministry printed:
If the validity of the decision referred to in paragraph (1) of the preceding paragraph (limited to a decision connected with Article 178, paragraph (1), item (iv) or (xi); hereinafter the same applies in paragraph (6)) or the validity of the decision referred to in Article 185-7, paragraph (6), (7), (10), (11), or (14) (but only if the Prime Minister finds a fact set forth in Article 178, paragraph (1), item (iv) or (xi) to have occurred; the same applies in paragraph (6) of this Article), or Article 185-7, paragraph (15) (but only if the Prime Minister finds a fact set forth in Article 178, paragraph (1), item (iv) or (xi) to have occurred; the same applies in paragraph (6) of this Article) is suspended pursuant to the main clause of the preceding paragraph, and the final and binding judicial decision in the case imposes a fine on the person subject to that decision, the Prime Minister must suspend the validity of the decision until a certified copy of a document concerning a disposition for changes under paragraph (6) is served.
Japanese Law Translation, Ministry of Justice
Translates the law as amended by Act No. 68 of 2022 (令和四年法律第六十八号)