Chapter VII Departure from and Return to Japan of Japanese Nationals
第七章 日本人の出国及び帰国
Article 60Departure of Japanese Nationals
第六十条（日本人の出国）
A Japanese national (except for crew members; the same applies in paragraph (1) of the following Article) who departs from Japan with the intention of going to an area outside of Japan, is to possess a valid passport and must receive confirmation of the departure from an immigration inspector in accordance with the procedures provided by Ministry of Justice Order, at the port of entry or departure from which the person departs.
The Japanese national set forth in the preceding paragraph must not depart from Japan unless they have received confirmation of the departure from Japan.
前項の日本人は、出国の確認を受けなければ出国してはならない。
Article 60-2Deferment of Confirmation of Departure of Japanese Nationals
第六十条の二（日本人の出国確認の留保）
In the case where a Japanese national seeks to depart from Japan with the intention of going to an area outside of Japan, if an immigration inspector has received a notice from a relevant agency to the effect that the Japanese national is a person who falls under any of the following items, the immigration inspector may withhold confirmation of the departure of that person for a period limited to 24 hours from the time when the procedures for receiving the confirmation of the departure set forth in the preceding Article were carried out:
a person who is subject to a departure restriction (excluding a person who has obtained the permission of the court);
出国の制限を受けている者（裁判所の許可を受けている者を除く。）
a person who is being prosecuted for a crime punishable by the death penalty, life imprisonment, or imprisonment with a maximum term of 3 years or more (excluding a person who is subject to a departure restriction with respect to the punishment pertaining to that prosecution), or a person for whom an arrest warrant, a subpoena, a detention warrant or a warrant of detention for expert examination has been issued on suspicion of having committed any of these crimes;
死刑若しくは無期若しくは長期三年以上の拘禁刑に当たる罪につき訴追されている者（当該訴追に係る刑につき出国の制限を受けている者を除く。）又はこれらの罪を犯した疑いにより逮捕状、勾引状、勾留状若しくは鑑定留置状が発せられている者
a person who has been sentenced to imprisonment or a severer penalty and has not been granted suspension of execution of the entire sentence, until the person has completed the sentence or until they cease to be subject to the execution of the sentence (excluding, with respect to that sentence, those subject to a departure restriction, those released on parole, and those for whom part of the sentence was subject to suspended execution and are currently under suspension of execution of the sentence);
拘禁刑以上の刑に処せられ、その刑の全部につき執行猶予の言渡しを受けなかつた者で、刑の執行を終わるまで、又は執行を受けることがなくなるまでのもの（当該刑につき、出国の制限を受けている者、仮釈放中の者及びその一部の執行猶予の言渡しを受けて執行猶予中の者を除く。）
a person for whom a provisional detention permit or a detention permit has been issued pursuant to the provisions of the Act of Extradition.
逃亡犯罪人引渡法の規定により仮拘禁許可状又は拘禁許可状が発せられている者
If an immigration inspector has withheld confirmation of departure pursuant to the provisions of the preceding paragraph, the inspector must immediately inform the agency that gave the notice set forth in the same paragraph to that effect.
Article 61Return to Japan of Japanese Nationals
第六十一条（日本人の帰国）
A Japanese national (except for crew members) who returns to Japan from an area outside of Japan is to possess a valid passport (a document that certifies Japanese nationality if they are unable to possess a valid passport) and must receive confirmation of their return to Japan from an immigration inspector in accordance with the procedures provided by Ministry of Justice Order, at the port of entry or departure at which the person lands.
crew member
「乗員」
A member of the crew of a ship or aircraft.
Defined inArticle 2, paragraph (1), item (ii)· applies throughout the law
passport
「旅券」
A passport, refugee travel document or other document in place of a passport (including a travel certificate from a Japanese consular officer) issued by the Japanese government, a foreign government Japan recognizes or a competent international organization, or an equivalent document from a competent authority of a region designated by Cabinet Order.
Defined inArticle 2, paragraph (1), item (v)· applies throughout the law
port of entry or departure
「出入国港」
A seaport or airport, designated by Ministry of Justice Order, through which foreign nationals must enter and leave Japan.
Defined inArticle 2, paragraph (1), item (viii)· applies throughout the law
immigration inspector
「入国審査官」
The immigration official provided for in Article 61-3, who examines people landing in Japan and cases for deportation, among other duties.
Defined inArticle 2, paragraph (1), item (x)· applies throughout the law
departure restrictionmachine translation
「出国の制限」
A court order under Article 342-2, 345-2 or 494-3 of the Code of Criminal Procedure (Act No. 131 of 1948) that a person involved in criminal proceedings may not leave Japan without the court's permission.
Defined inArticle 25-2, paragraph (1), item (i)
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.
suspended sentence
執行猶予
A court's decision, when it passes a sentence, to hold off carrying it out. A person sentenced to imprisonment (拘禁刑) of three years or less or a fine (罰金) of 500,000 yen or less who has not been sentenced to imprisonment before, or not within five years of finishing such a sentence, may have the whole of it suspended for one to five years from the day the judgment becomes final (Penal Code, Article 25, paragraph (1)), and may be put under probation (保護観察) for that time (Article 25-2, paragraph (1)). A person whose earlier imprisonment was itself wholly suspended may have a new sentence of two years or less suspended again where there are especially extenuating circumstances, and is then put under probation (Article 25, paragraph (2); Article 25-2, paragraph (1)). If the period passes without the suspension being revoked, the sentence loses its effect (Article 27, paragraph (1)), unless a prosecution is pending for a crime committed in the period, in which case it stays in effect and can still be revoked (paragraphs (2), (4) and (5)); it must or may be revoked if, for example, the person commits another crime in the period and is sentenced to imprisonment without suspension (Articles 26 and 26-2). A sentence of imprisonment of three years or less may also be suspended in part, the rest being served first (Article 27-2).
Written by AI using Penal Code, Arts. 25 to 27-2 as a reference.