Article 317-7Offenses Concerning Violation of the Obligation to Submit Salary Payment Reports, etc.
第三百十七条の七(給与支払報告書等の提出義務違反に関する罪)
Where a person has failed to submit a salary payment report, written notification or public pension payment report that is to be submitted under paragraphs (1) through (4) of the preceding Article, or has submitted a salary payment report, written notification or public pension payment report containing a false statement, the person who committed the violation is to be punished by imprisonment for not more than one year or a fine of not more than 500,000 yen.
前条第一項から第四項までの規定により提出すべき給与支払報告書、届出書若しくは公的年金等支払報告書を提出しなかつたとき、又は虚偽の記載をした給与支払報告書、届出書若しくは公的年金等支払報告書を提出したときは、その違反行為をした者は、一年以下の拘禁刑又は五十万円以下の罰金に処する。
Where the representative of a corporation, or the agent, employee or other worker of a corporation or person, has committed a violation referred to in the preceding paragraph in connection with the business of that corporation or person, the fine prescribed in that paragraph is also imposed on that corporation or person, in addition to punishing the offender.
When the preceding paragraph applies to an association or foundation that is not a corporation and has a designated representative or administrator, that representative or administrator represents that association or foundation that is not a corporation and has a designated representative or administrator in its procedural acts, and in addition, the provisions of laws and regulations on criminal proceedings in the case where a corporation is the defendant or suspect apply mutatis mutandis.
法人でない社団又は財団で代表者又は管理人の定めのあるものについて前項の規定の適用がある場合には、その代表者又は管理人がその訴訟行為につき当該法人でない社団又は財団で代表者又は管理人の定めのあるものを代表するほか、法人を被告人又は被疑者とする場合の刑事訴訟に関する法律の規定を準用する。
Subsection 4 Assessment and Collection
第四款 賦課及び徴収
Article 318Assessment Date for Individual Municipal Inhabitant Tax
第三百十八条(個人の市町村民税の賦課期日)
The assessment date for individual municipal inhabitant tax is January 1 of the year that includes the first day of the fiscal year in question.
個人の市町村民税の賦課期日は、当該年度の初日の属する年の一月一日とする。
Article 319Method of Collection of Individual Municipal Inhabitant Tax, etc.
第三百十九条(個人の市町村民税の徴収の方法等)
The collection of individual municipal inhabitant tax must be carried out by the method of ordinary collection, except where it is carried out by the method of special collection under Article 321-3, Article 321-7-2, paragraph (1) or (2), Article 321-7-8, paragraph (1) or Article 328-4.
個人の市町村民税の徴収については、第三百二十一条の三、第三百二十一条の七の二第一項若しくは第二項、第三百二十一条の七の八第一項又は第三百二十八条の四の規定により特別徴収の方法による場合を除くほか、普通徴収の方法によらなければならない。
When a municipality assesses and collects individual municipal inhabitant tax, it is to assess and collect the individual prefectural inhabitant tax and the forest environment tax of the individual concerned together with it, except as otherwise specially provided in this Act or the Act on the Forest Environment Tax and the Forest Environment Transfer Tax.
市町村は、個人の市町村民税を賦課し、及び徴収する場合には、この法律又は森林環境税及び森林環境譲与税に関する法律に特別の定めがある場合を除くほか、当該個人の道府県民税及び森林環境税を併せて賦課し、及び徴収するものとする。
Article 319-2Procedures for Ordinary Collection of Individual Municipal Inhabitant Tax
第三百十九条の二(個人の市町村民税の普通徴収の手続)
A tax notice delivered to a taxpayer where individual municipal inhabitant tax is to be collected by the method of ordinary collection must state the amount obtained by deducting, from the total of the income levy amount and the per capita levy amount, the total of the amount of tax specially collected on salary income under Article 321-4, paragraph (1) (or the total thereof where the tax is collected by two or more special collection agents; the same applies in the following paragraph), the special collection tax amount on pension income under Article 321-7-4, paragraph (1) and the provisional special collection tax amount on pension income under Article 321-7-8, paragraph (1), together with the basis for calculating them.
個人の市町村民税を普通徴収の方法によつて徴収しようとする場合において納税者に交付する納税通知書には、所得割額及び均等割額の合算額から第三百二十一条の四第一項の給与所得に係る特別徴収税額(二以上の特別徴収義務者に徴収させている場合においては、その合計額とする。次項において同じ。)並びに第三百二十一条の七の四第一項の年金所得に係る特別徴収税額及び第三百二十一条の七の八第一項の年金所得に係る仮特別徴収税額の合算額を控除した額並びにこれらの算定の基礎を記載しなければならない。
The tax notice under the preceding paragraph relating to a taxpayer from whom individual municipal inhabitant tax is to be collected by the method of special collection must also state, in the case where the individual municipal inhabitant tax is no longer to be collected from that taxpayer by the method of special collection because, for example, the taxpayer has ceased to receive salary or the pension benefit subject to special collection prescribed in Article 321-7-4, paragraph (2) in the course of the fiscal year, that, of the amount of tax specially collected on salary income under Article 321-4, paragraph (1), the special collection tax amount on pension income under Article 321-7-4, paragraph (1) and the provisional special collection tax amount on pension income under Article 321-7-8, paragraph (1), the amount that is no longer to be collected by the method of special collection is to be collected by the method of ordinary collection.
前項の納税通知書のうち、特別徴収の方法によつて徴収される個人の市町村民税がある納税者に係るものには、当該納税者が当該年度の中途において給与又は第三百二十一条の七の四第二項に規定する特別徴収対象年金給付の支払を受けなくなつたこと等により個人の市町村民税を特別徴収の方法によつて徴収されないこととなつた場合においては、第三百二十一条の四第一項の給与所得に係る特別徴収税額並びに第三百二十一条の七の四第一項の年金所得に係る特別徴収税額及び第三百二十一条の七の八第一項の年金所得に係る仮特別徴収税額のうちその特別徴収の方法によつて徴収されないこととなつた額は普通徴収の方法によつて徴収されるものであることを併せて記載しなければならない。
The tax notice under paragraph (1) must be delivered to the taxpayer no later than 10 days before the due date for payment.
Article 320Payment Period for Individual Municipal Inhabitant Tax Subject to Ordinary Collection
第三百二十条(普通徴収に係る個人の市町村民税の納期)
The payment period for individual municipal inhabitant tax collected by the method of ordinary collection is to be specified by Municipal Ordinance of the municipality concerned, within June, August, October and January (within June, where the amount of that individual municipal inhabitant tax is equal to or less than the amount equivalent to the per capita levy amount); provided, however, that where there are special circumstances, a payment period different from this may be specified.
普通徴収の方法によつて徴収する個人の市町村民税の納期は、六月、八月、十月及び一月中(当該個人の市町村民税額が均等割額に相当する金額以下である場合にあつては、六月中)において、当該市町村の条例で定める。但し、特別の事情がある場合においては、これと異なる納期を定めることができる。
Article 321Payment of Individual Municipal Inhabitant Tax before the Payment Period
第三百二十一条(個人の市町村民税の納期前の納付)
A taxpayer of individual municipal inhabitant tax who intends to pay tax in an amount equivalent to the amount payable for a payment period that has arrived, out of the amounts payable stated in the tax notice, may also pay together tax in amounts equivalent to the amounts payable for payment periods after that payment period.
個人の市町村民税の納税者は、納税通知書に記載された納付額のうち到来した納期に係る納付額に相当する金額の税金を納付しようとする場合においては、当該納期後の納期に係る納付額に相当する金額の税金をあわせて納付することができる。
If a taxpayer of individual municipal inhabitant tax has paid, under the preceding paragraph, tax in an amount equivalent to the amount payable for a payment period after that payment period, the municipality may grant to the taxpayer a monetary incentive in the amount specified by Municipal Ordinance of the municipality. However, this does not apply if there are local government levies unpaid by the taxpayer.
The amount of the monetary incentive under the preceding paragraph may not exceed the amount obtained by multiplying one percent of the amount of tax paid before the payment period under paragraph (1) by the number of months before the payment period (where there is a fraction of less than one month, a fraction of 14 days or less is to be discarded and a fraction of 15 days or more is to be counted as one month).
第三百二十一条の二(普通徴収に係る個人の市町村民税の賦課額の変更又は決定及びこれらに係る延滞金の徴収)
Where the mayor of a municipality, having inspected under Article 325 an amended return submitted by a person liable for income tax, or documents relating to a reassessment or determination of income tax made by a national tax office, with respect to individual municipal inhabitant tax collected by the method of ordinary collection, finds it necessary to change the amount of tax assessed or to make an assessment, the mayor must immediately additionally collect the tax deficiency resulting from the change or the portion, of the tax amount that should have been assessed, that relates to the payment periods up to the day on which the determination was made (referred to as the "tax deficiency" in this Article), except where individual municipal inhabitant tax has already been assessed by applying the proviso to item (i) of Article 315 or item (ii) of that Article, or Article 316.
In the case of the preceding paragraph, a municipal tax collection official must add to the tax deficiency, and collect, an amount of delinquency charge equivalent to the amount calculated by multiplying the amount obtained by dividing the tax deficiency by the number of payment periods up to the day on which the determination was made by a rate of 14.6 percent per annum (7.3 percent per annum for the period until the day on which payment is to be made as stated in the tax notice relating to that tax deficiency, or the period until the day on which one month elapses from the day following that day), according to the number of days in the period from the day following each due date for payment under Article 320 (where the due date for payment has been extended, the extended due date for payment; the same applies in the following paragraph and paragraph (4)) until the date of payment.
Where, as a result of a person liable for income tax having submitted an amended return (excluding that submitted by a person liable for income tax who evaded income tax or received a refund of income tax by deception or other wrongful acts, upon foreseeing, because an investigation of that income tax had been conducted, that a reassessment of that income tax would be made, and that submitted after a person liable for income tax received a determination of income tax (referred to as a "specified amended return" in the following paragraph)), or a national tax office having made a reassessment of income tax (excluding a reassessment of that income tax made in respect of a person liable for income tax who evaded income tax or received a refund of income tax by deception or other wrongful acts, and a reassessment of that income tax made after a determination of income tax (referred to as a "specified reassessment" in that paragraph)), the amount of tax assessed has been changed, or tax has been assessed, under paragraph (1) after the day on which one year elapses from each due date for payment under Article 320, the period from the day following the day on which that one year elapses until the day on which the tax notice relating to the tax deficiency prescribed in that paragraph was issued is to be deducted from the period prescribed in the preceding paragraph.
所得税の納税義務者が修正申告書(偽りその他不正の行為により所得税を免れ、又は所得税の還付を受けた所得税の納税義務者が、当該所得税についての調査があつたことにより当該所得税について更正があるべきことを予知して提出した当該申告書及び所得税の納税義務者が所得税の決定を受けた後に提出した当該申告書(次項において「特定修正申告書」という。)を除く。)を提出し、又は国の税務官署が所得税の更正(偽りその他不正の行為により所得税を免れ、又は所得税の還付を受けた所得税の納税義務者についてされた当該所得税に係る更正及び所得税の決定があつた後にされた当該所得税に係る更正(同項において「特定更正」という。)を除く。)をしたことに基因して、第三百二十条の各納期限から一年を経過する日後に第一項の規定によりその賦課した税額を変更し、又は賦課した場合には、当該一年を経過する日の翌日から同項に規定する不足税額に係る納税通知書が発せられた日までの期間は、前項に規定する期間から控除する。
In the case of paragraph (2), where a person liable for income tax has submitted an amended return, or a national tax office has made a reassessment of income tax (limited to one that increases the amount of tax to be paid, and including a reassessment specified by Cabinet Order as similar thereto; hereinafter in this paragraph referred to as a "reassessment increasing the tax") (limited to the case where the amount of tax assessed has increased after it was reduced under paragraph (1) as a result of a national tax office having made a reassessment of income tax (limited to one that reduces the amount of tax to be paid, and including a reassessment specified by Cabinet Order as similar thereto; hereinafter in this paragraph referred to as a "reassessment reducing the tax")), the periods set forth in the following items (limited to the period set forth in item (i), in the case of a tax deficiency changed as a result of the submission of a specified amended return or a specified reassessment, or other municipal inhabitant tax specified by Cabinet Order) are to be deducted from the period forming the basis for calculating the delinquency charge, with respect to the tax deficiency to be additionally collected (limited to the amount of tax specified by Cabinet Order as the part up to the amount obtained by deducting, from the amount of tax assessed before that reassessment reducing the tax, the amount of tax changed as a result of that reassessment reducing the tax (including the amount of tax equivalent to the amount of a refund); the same applies hereinafter in this paragraph).
第二項の場合において、所得税の納税義務者が修正申告書を提出し、又は国の税務官署が所得税の更正(納付すべき税額を増加させるものに限り、これに類するものとして政令で定める更正を含む。以下この項において「増額更正」という。)をしたとき(国の税務官署が所得税の更正(納付すべき税額を減少させるものに限り、これに類するものとして政令で定める更正を含む。以下この項において「減額更正」という。)をしたことに基因して、第一項の規定によりその賦課した税額が減少した後に、その賦課した税額が増加したときに限る。)は、その追徴すべき不足税額(当該減額更正前に賦課した税額から当該減額更正に基因して変更した税額を控除した金額(還付金の額に相当する税額を含む。)に達するまでの部分として政令で定める税額に限る。以下この項において同じ。)については、次に掲げる期間(特定修正申告書の提出又は特定更正に基因して変更した不足税額その他の政令で定める市町村民税にあつては、第一号に掲げる期間に限る。)を延滞金の計算の基礎となる期間から控除する。
the period from the day following each due date for payment under Article 320 until the day on which the tax notice relating to the amount of tax changed as a result of that reassessment reducing the tax was issued;
the period from the day following the day on which the tax notice relating to the amount of tax changed as a result of that reassessment reducing the tax was issued (or, if that reassessment reducing the tax is based on a request for reassessment, the day on which one year elapses counting from the day following that day) until the day on which the tax notice relating to the amount of tax changed as a result of the reassessment increasing the tax was issued.
If the mayor of the municipality finds that there are unavoidable reasons for the taxpayer having had the tax deficiency additionally collected under paragraph (1), the mayor may reduce or exempt the amount of delinquency charge under paragraph (2).
Article 321-3Special Collection of Individual Municipal Inhabitant Tax on Salary Income
第三百二十一条の三(給与所得に係る個人の市町村民税の特別徴収)
Where a person liable for tax is a person who received salary in the previous year and who, as of the first day of the fiscal year, is receiving salary (excluding a person found to be extremely difficult to collect from by the method of special collection because, for example, the person receives only salary for which the pay period is set at a period exceeding one month, or for another similar reason; hereinafter in this Article and the following Article referred to as a "salary earner"), a municipality is to collect, by the method of special collection, the total of the income levy amount and the per capita levy amount relating to the salary income of that person liable for tax for the previous year, out of the individual municipal inhabitant tax imposed on that person liable for tax. However, a municipality in which it is found inappropriate to carry out special collection due to special circumstances, such as there being few salary earners within the municipality, need not use the method of special collection.
市町村は、納税義務者が前年中において給与の支払を受けた者であり、かつ、当該年度の初日において給与の支払を受けている者(支給期間が一月を超える期間により定められている給与のみの支払を受けていることその他これに類する理由があることにより、特別徴収の方法によつて徴収することが著しく困難であると認められる者を除く。以下この条及び次条において「給与所得者」という。)である場合においては、当該納税義務者に対して課する個人の市町村民税のうち当該納税義務者の前年中の給与所得に係る所得割額及び均等割額の合算額は、特別徴収の方法によつて徴収するものとする。ただし、当該市町村内に給与所得者が少ないことその他特別の事情により特別徴収を行うことが適当でないと認められる市町村においては、特別徴収の方法によらないことができる。
Where, with respect to the salary earner referred to in the preceding paragraph, the income of that salary earner for the previous year includes income other than salary income, a municipality may, as provided by Municipal Ordinance of the municipality, add the income levy amount relating to that income other than salary income to the total of the income levy amount and the per capita levy amount relating to salary income that is to be collected by the method of special collection under the main clause of that paragraph, and collect it by the method of special collection. However, this does not apply where the return referred to in Article 317-2, paragraph (1) contains a statement to the effect that the income levy amount relating to income other than salary income is desired to be collected by the method of ordinary collection.
Where, after the income levy amount relating to income other than salary income of a salary earner has come to be collected by the method of special collection under the main clause of the preceding paragraph, a special circumstance has arisen that makes it found inappropriate to collect all or part of the income levy amount relating to income other than salary income of that salary earner by the method of special collection, that salary earner has made a request that all or part of the income levy amount relating to income other than salary income be collected by the method of ordinary collection, and the circumstance is found to be unavoidable, the municipality is to collect by the method of ordinary collection all or part of the portion of the income levy amount relating to income other than salary income that was to be collected by the method of special collection and has not yet been collected by special collection.
前項本文の規定によつて給与所得者の給与所得以外の所得に係る所得割額を特別徴収の方法によつて徴収することとなつた後において、当該給与所得者について給与所得以外の所得に係る所得割額の全部又は一部を特別徴収の方法によつて徴収することが適当でないと認められる特別の事情が生じたため当該給与所得者から給与所得以外の所得に係る所得割額の全部又は一部を普通徴収の方法により徴収することとされたい旨の申出があつた場合でその事情がやむを得ないと認められるときは、市町村は、当該特別徴収の方法によつて徴収すべき給与所得以外の所得に係る所得割額でまだ特別徴収により徴収していない額の全部又は一部を普通徴収の方法により徴収するものとする。
With regard to the application of the preceding two paragraphs where the salary earner referred to in paragraph (1) is a person who received public pension, etc. in the previous year and who, as of the first day of the fiscal year, is a person aged 65 or more who is receiving the old age, etc. pension benefit prescribed in Article 321-7-2, paragraph (1), the phrase "other than salary income" in those provisions is deemed to be replaced with "other than salary income and income relating to public pension, etc.".
tax collection officialmachine translation
「徴税吏員」
A prefectural governor (道府県知事) or a prefectural employee the governor has delegated, or a mayor of a municipality (市町村長) or a municipal employee the mayor has delegated.
Defined inArticle 1, paragraph (1), item (iii)· applies throughout the law
tax noticemachine translation
「納税通知書」
A document a local government draws up for local tax a taxpayer must pay, stating the Acts and the local government's ordinance (条例) provisions the tax is levied under, the taxpayer's address and name, the tax base, rate and amount, the payment periods and the amount due in each, where to pay, the steps that will be taken if the tax is not paid by the due date, and how to seek relief against the assessment.
Defined inArticle 1, paragraph (1), item (vi)· applies throughout the law
ordinary collectionmachine translation
「普通徴収」
Collecting a local tax by having a tax collection official (徴税吏員) deliver a tax notice (納税通知書) to the taxpayer.
Defined inArticle 1, paragraph (1), item (vii)· applies throughout the law
special collectionmachine translation
「特別徴収」
The method of collecting a local tax by having a person who is well placed to collect it do so and pay in the tax collected (Article 1, paragraph 1, item 9).
Defined inArticle 1, paragraph (1), item (ix)· applies throughout the law
special collection agentmachine translation
「特別徴収義務者」
A person obliged to collect a local tax by special collection (特別徴収) and pay it in (Article 1, paragraph 1, item 10).
Defined inArticle 1, paragraph (1), item (x)· applies throughout the law
local government leviesmachine translation
「地方団体の徴収金」
A local tax (地方税) together with its demand fee (督促手数料), delinquency charge (延滞金), additional charge for understatement (過少申告加算金), additional charge for failure to file (不申告加算金), substantial additional charge (重加算金) and delinquent disposition costs (滞納処分費).
Defined inArticle 1, paragraph (1), item (xiv)· applies throughout the law
request for reassessmentmachine translation
「更正の請求」
A request under Article 20-9-3, paragraph 1 to the head of the local government (地方団体の長), by a person who filed a local tax return (申告書), to correct the tax base or tax amount in it because the tax was overstated, a loss understated or a refund understated through a calculation error or a failure to follow the law, made within five years of the statutory payment deadline, or within the later periods paragraph 2 of that Article allows.
Short name set inArticle 20-9-3, paragraph (2)· applies from here on, except in Article 72-48-2, paragraph (5); and Article 72-50, paragraph (3)
national tax officemachine translation
「税務官署」
A national tax office (国の税務官署); the prefectural governor may ask it, with the reasons in writing, to reassess or determine a corporation's corporation tax where the corporation's income seems understated or no return was filed and nothing was done within a year, and may turn to the office supervising it if it does not act within three months without good reason.
Short name set inArticle 72-40, paragraph (1)
previous yearmachine translation
「前年」
The calendar year before the year in which the first day of the fiscal year concerned falls.
Short name set inArticle 292, paragraph (1), item (vii)· applies only in this article and in Articles 295, 313 to 317-3 and 317-6 to 321-7-9
public pension, etc.machine translation
「公的年金等」
Public pensions, etc. (公的年金等) as defined in Article 35, paragraph 3 of the Income Tax Act: pensions of a kind a Cabinet Order (政令) sets under the Acts and schemes of its Article 31, items 1 and 2, pensions (恩給) other than lump sums and pensions a former employer pays for past service, and defined-benefit corporate pensions (確定給付企業年金) and similar ones a Cabinet Order sets.
Short name set inArticle 317-2, paragraph (1)· applies only in this section
salarymachine translation
「給与」
Remuneration, salaries, wages, annual allowances (歳費) and bonuses, and pay of a similar nature, as Article 45-2, paragraph 1 and Article 317-2, paragraph 1 describe them.
Short name set inArticle 317-2, paragraph (1)· applies only in this section
tax deficiencymachine translation
「不足税額」
Where the mayor, on reading an amended income tax return or a national tax office's reassessment or determination, changes an individual's municipal inhabitant tax (市町村民税) collected by ordinary collection (普通徴収) or finds it must be assessed, the tax found short by the change or the tax that should have been assessed, for the instalments due by the date of that decision.
Short name set inArticle 321-2, paragraph (1)· applies only in this article
specified amended returnmachine translation
「特定修正申告書」
In Article 321-2, paragraphs 3 and 4, an amended income tax (所得税) return that a taxpayer who evaded income tax, or obtained a refund of it, by deception or other wrongful means filed because an examination made a reassessment (更正) likely, or an amended return filed after a determination (決定) of income tax.
Short name set inArticle 321-2, paragraph (3)· applies only in this provision and in Article 321-2, paragraph (4)
specified reassessmentmachine translation
「特定更正」
A reassessment (更正) of income tax made by a national tax office against an income taxpayer who evaded income tax or obtained a refund of it by deception or other wrongful means, or one made after a determination (決定) of that income tax; a reassessment of this kind does not shorten the period on which delinquency charges (延滞金) on the municipal inhabitant tax (市町村民税) run.
Short name set inArticle 321-2, paragraph (3)· applies only in this provision and in Article 321-2, paragraph (4)
reassessment increasing the taxmachine translation
「増額更正」
A reassessment (更正) of income tax (所得税) by a national tax office that increases the tax payable, including similar reassessments a Cabinet Order (政令) specifies; where the municipal inhabitant tax (市町村民税) levied rises because of it after an earlier income tax reassessment had lowered it, part of the time in between is left out when delinquency charges (延滞金) are counted.
Short name set inArticle 321-2, paragraph (4)· applies only in this paragraph
reassessment reducing the taxmachine translation
「減額更正」
A reassessment (更正) that reduces the tax payable — the corporate inhabitant tax or enterprise tax (事業税) payable on the original return or, in Article 321-2, paragraph 4, the income tax (所得税) a national tax office reassesses — including similar reassessments a Cabinet Order (政令) sets; where the tax is later raised again by a reassessment or an amended return, part of the time in between is left out of the period on which delinquency charges (延滞金) are counted.
Short name set inArticle 321-2, paragraph (4)· applies only in this paragraph
salary earnermachine translation
「給与所得者」
A taxpayer who received salary in the previous year and is receiving salary on the first day of the fiscal year, other than one from whom special collection (特別徴収) would be very difficult, for example because the person receives only salary paid for periods longer than a month.
Short name set inArticle 321-3, paragraph (1)· applies only in this article and in Article 321-4
old age, etc. pension benefitmachine translation
「老齢等年金給付」
The old-age basic pension (老齢基礎年金) under the National Pension Act and other pensions under that Act or the Employees' Pension Insurance Act paid on account of old age that a Cabinet Order (政令) specifies, together with pensions like them paid on account of old age or retirement that a Cabinet Order specifies.
Defined inArticle 321-7-2, paragraph (1)· applies only in this section
pension benefit subject to special collectionmachine translation
「特別徴収対象年金給付」
The old-age, etc. pension benefit (老齢等年金給付) out of which the municipal inhabitant tax (市町村民税) on pension income is collected by special collection (特別徴収); where a pension income earner subject to special collection (特別徴収対象年金所得者) receives two or more, the one chosen as a Cabinet Order (政令) provides (Article 321-7-4, paragraph 2).
Short name set inArticle 321-7-4, paragraph (2)· applies only in this section
fine
罰金
A criminal punishment of paying money to the state, of 10,000 yen or more, or less where it is reduced (Penal Code, Article 15). It ranks below imprisonment (拘禁刑) and above penal detention (拘留) and a petty fine (科料) (Articles 9 and 10, paragraph (1)). A person who cannot pay it in full is held in a workhouse (労役場) for one day to two years, or up to three years where fines are imposed together, a period set when the sentence is passed (Article 18, paragraphs (1), (3) and (4)); not within thirty days of the sentence becoming final without the person's consent (paragraph (5)). If it is not enforced for three years after the sentence becomes final, the person is released from it by prescription (Articles 31 and 32, item (v)); the three years do not run while its execution is suspended under law or the person is abroad, and an act of execution interrupts them (Articles 33 and 34, paragraph (2)).
Written by AI using Penal Code, Arts. 9, 10, 15, 18, 31 to 34 as a reference.
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.
Prefectural or Municipal Ordinance
条例
A rule a local government makes for itself: a prefecture (都道府県), a city, town or village (市町村), or one of Tokyo's special wards (特別区) (Local Autonomy Act, Articles 1-3, 281 and 283). Its assembly (議会), whose members the residents elect, passes it (Articles 89 and 96, paragraph (1), item (i)), and its head — the governor or the mayor (Article 139) — promulgates it, that is, makes it public so that it can take effect (Article 16). The Constitution lets local governments make them within the limits of Acts (Constitution, Article 94), and one may not go against the national laws and regulations (法令), such as Acts, Cabinet Orders (政令) and Ministerial Orders (省令) (Local Autonomy Act, Article 14, paragraph (1)). Unless national laws and regulations provide otherwise, a local government can impose a duty or restrict a right only by one of these (Article 14, paragraph (2)), and it may write into one penalties for breaking it, within limits the Local Autonomy Act sets (Article 14, paragraph (3)). It is made for that local government's own affairs (Article 2, paragraph (2) and Article 14, paragraph (1)), so the same matter can be handled differently from one place to the next. It is a local rule, not a national one: an "ordinance" in the name of a national rule, such as an Ordinance for Enforcement of an Act, is usually a Ministerial Order (省令) or another national instrument.
Written by AI using Constitution, Art. 94 and Local Autonomy Act, Arts. 1-3, 2, 14, 16, 89, 96, 139, 281, 283 as a reference.