Supplementary Provisions, Article 9Transitional Measures Accompanying Partial Amendment of the Penal Code
第九条(刑法の一部改正に伴う経過措置)
With regard to the application of the provisions of Article 198, paragraph (2) of the New Financial Instruments and Exchange Act during the period up to the day before the date of enforcement of the Act Partially Amending the Penal Code (Act No. 67 of 2022) (hereinafter in this Article referred to as the "effective date of the 2022 Penal Code Amendments"), the term "imprisonment" in that paragraph is deemed to be replaced with "imprisonment with work"; the same applies to the application of the provisions of that paragraph, on or after the effective date of the 2022 Penal Code Amendments, to acts committed before the effective date of the 2022 Penal Code Amendments.
刑法等の一部を改正する法律(令和四年法律第六十七号)の施行の日(以下この条において「刑法施行日」という。)の前日までの間における新金融商品取引法第百九十八条第二項の規定の適用については、同項中「拘禁刑」とあるのは、「懲役」とする。刑法施行日以後における刑法施行日前にした行為に対する同項の規定の適用についても、同様とする。
An officer (including a provisional board member or provisional auditor) or inspector of an incorporated association-operated financial instruments exchange…
第百一条の九の規定により発行する株式の総数の引受け、払込み若しくは金銭以外の財産の給付又は同条第三号に掲げる事項について、内閣総理大臣、裁判所又は会員の総会に対して虚偽の申述を行い…
Open this provisionTransitional Measures Accompanying Partial Amendment of the Penal Code
With regard to the application of the provisions of Article 198, paragraph (2) of the New Financial Instruments and Exchange Act during the period up to the day before the date of enforcement of the…
刑法等の一部を改正する法律(令和四年法律第六十七号)の施行の日(以下この条において「刑法施行日」という。)の前日までの間における新金融商品取引法第百九十八条第二項の規定の適用については、同項中「拘禁刑」とあるのは、「懲役」とする。
Open this provisionNew Financial Instruments and Exchange Actmachine translation
「新金融商品取引法」
In Articles 7 to 9 of the supplementary provisions (附則) of Act No. 32 of 2024, this Act as amended by Article 1 of that Act, leaving out the amendments listed in Article 1, items (ii) and (iii) of those supplementary provisions.
Short name set inSupplementary Provisions, Article 7, paragraph (1)· applies only in this article and in Supplementary Provisions, Articles 8 and 9
Effective date of the 2022 Penal Code Amendmentsmachine translation
「刑法施行日」
The day the 2022 Act amending the Penal Code and other laws (刑法等の一部を改正する法律, Act No. 67 of 2022) comes into effect.
Short name set inSupplementary Provisions, Article 9, paragraph (1)· applies only in this article
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.
imprisonment with work
懲役
A punishment the Penal Code had until Act No. 67 of 2022 came into force: being held in a penal institution (刑事施設) and made to do prescribed work, for life or for a fixed term of one month to twenty years (Penal Code, former Article 12). That Act replaced it and imprisonment without work (禁錮) with imprisonment (拘禁刑) (Act No. 67 of 2022, Article 2). An act committed before then is, as a rule, still punished as the law then stood (Act No. 68 of 2022, Article 441, paragraph (1)), and a person sentenced to it is treated, for the rules on a person's qualifications, as sentenced to imprisonment for the same term (Article 443, paragraph (1)).
Written by AI using Penal Code, former Art. 12, Act No. 67 of 2022, Art. 2 and Act No. 68 of 2022, Arts. 441, 443 as a reference.