Supplementary Provisions, Article 11Adjustment Provisions Incidental to Partial Amendment of the Immigration Control and Refugee Recognition Act and Other Matters
第十一条（出入国管理及び難民認定法の一部改正に伴う調整規定等）
If the Item (vi) Effective Date precedes the effective date of the Act on the Arrangement of Related Acts upon the Enforcement of the Act Partially Amending the Penal Code, etc., the phrase "Article 25-2, paragraph (1), item (i)" in the provision in Article 21 of that Act amending Article 25-2, paragraph (1) of the Immigration Control and Refugee Recognition Act is deemed to be replaced with "Article 25-2, paragraph (1), item (ii)", and the phrase "item (ii) of the same paragraph" with "item (iii) of the same paragraph".
第六号施行日が刑法等の一部を改正する法律の施行に伴う関係法律の整理等に関する法律の施行の日前である場合には、同法第二十一条のうち出入国管理及び難民認定法第二十五条の二第一項の改正規定中「第二十五条の二第一項第一号」とあるのは「第二十五条の二第一項第二号」と、「同項第二号」とあるのは「同項第三号」とする。
If the item (vi) effective date precedes the Effective Date of the 2022 Act Amending the Penal Code and Other Laws, with regard to the application of the provisions of Article 60-2, paragraph (1), items (ii) and (iii) of the Immigration Control and Refugee Recognition Act as amended by the provisions of Article 3 (referred to as the "New Immigration Control Act" in the following paragraph and paragraph (4)) during the period from the item (vi) effective date to the day before the Effective Date of the 2022 Act Amending the Penal Code and Other Laws, the term "imprisonment" in item (ii) of the same paragraph is deemed to be replaced with "imprisonment with work or imprisonment without work", and the term "imprisonment" in item (iii) of the same paragraph with "imprisonment without work".
第六号施行日が刑法等一部改正法施行日前である場合には、第六号施行日から刑法等一部改正法施行日の前日までの間における第三条の規定による改正後の出入国管理及び難民認定法（次項及び第四項において「新入管法」という。）第六十条の二第一項第二号及び第三号の規定の適用については、同項第二号中「拘禁刑」とあるのは「懲役若しくは禁錮」と、同項第三号中「拘禁刑」とあるのは「禁錮」とする。
With regard to crimes pertaining to acts committed before the 2022 Act Amending the Penal Code and Other Laws comes into effect, for the application of the provisions of Article 60-2, paragraph (1), item (ii) of the New Immigration Control Act on or after the Effective Date of the 2022 Act Amending the Penal Code and Other Laws, a crime punishable by life imprisonment with work or life imprisonment without work is deemed to be a crime punishable by life imprisonment, and a crime punishable by imprisonment with work for a fixed term or imprisonment without work for a fixed term is deemed to be a crime punishable by imprisonment for a fixed term with the same maximum and minimum terms as the punishment prescribed for that crime, respectively.
刑法等一部改正法の施行前にした行為に係る罪に関しては、刑法等一部改正法施行日以後における新入管法第六十条の二第一項第二号の規定の適用については、無期の懲役又は禁錮に当たる罪はそれぞれ無期拘禁刑に当たる罪と、有期の懲役又は禁錮に当たる罪はそれぞれその罪について定めた刑と長期及び短期を同じくする有期拘禁刑に当たる罪とみなす。
With regard to the application of the provisions of Article 60-2, paragraph (1), item (iii) of the New Immigration Control Act on or after the Effective Date of the 2022 Act Amending the Penal Code and Other Laws to a person sentenced to imprisonment with work or imprisonment without work, a person sentenced to imprisonment with work or imprisonment without work is deemed to be a person sentenced to imprisonment, respectively.
懲役又は禁錮に処せられた者に係る刑法等一部改正法施行日以後における新入管法第六十条の二第一項第三号の規定の適用については、懲役又は禁錮に処せられた者は、それぞれ拘禁刑に処せられた者とみなす。
2022 Act Amending the Penal Code and Other Lawsmachine translation
「刑法等一部改正法」
Short name for 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).
Short name set inSupplementary Provisions, Article 1, paragraph (1), item (ii)
Effective Date of the 2022 Act Amending the Penal Code and Other Lawsmachine translation
「刑法等一部改正法施行日」
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 1, paragraph (1), item (vii)
New Immigration Control Actmachine translation
「新入管法」
In Article 11, paragraphs (2) to (4) of the supplementary provisions (附則) of Act No. 28 of 2023, the Immigration Control and Refugee Recognition Act as amended by Article 3 of Act No. 28 of 2023.
Short name set inSupplementary Provisions, Article 11, paragraph (2)· applies only in this provision and in Supplementary Provisions, Article 11, paragraphs (3) and (4)
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.
imprisonment without work
禁錮
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), for life or for a fixed term of one month to twenty years, without the prescribed work that imprisonment with work (懲役) carried (Penal Code, former Articles 12 and 13). That Act replaced both 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 Arts. 12, 13, Act No. 67 of 2022, Art. 2 and Act No. 68 of 2022, Arts. 441, 443 as a reference.