Penal Code
刑法
The Penal Code sets out where it applies, what punishments there are, the general rules on when an act is a crime and who answers for it, and the crimes themselves with their penalties.
- Text in force since
- Promulgated
- Articles
- 301
- Amendments on the way
- 0
What this law does
- An act done without intent to commit a crime (罪を犯す意思) is not punished unless an Act (法律) specially provides otherwise, and the Code itself punishes causing injury or death through negligence (過失) (Articles 209 to 211). Not knowing that the act was against the law does not mean there was no intent, though the punishment may be reduced in light of the circumstances. A person who did not know the facts that made the act a graver crime cannot be punished for the graver crime.(Art. 38(1), Art. 38(2), Art. 38(3), Art. 209(1), Art. 210(1), Art. 211(1)) (the provisions it rests on)
Read the full overview
- An act done under laws and regulations or in legitimate business (正当な業務) is not punished, nor is an act a person had no choice but to do to defend their own or another's rights against an imminent and unlawful attack (self-defence, 正当防衛); for defence that goes too far, the punishment may be reduced or remitted in light of the circumstances. An act a person had no choice but to do to avoid a present danger to their own or another's life, body, liberty or property (necessity, 緊急避難) is not punished only if the harm it caused did not exceed the harm avoided; for an act beyond that, the punishment may be reduced or remitted in light of the circumstances. The necessity rule does not apply to a person under a special duty in their occupation (業務上特別の義務).(Art. 35(1), Art. 36(1), Art. 36(2), Art. 37(1), Art. 37(2)) (the provisions it rests on)
- A person who began carrying out a crime but did not complete it (an attempt, 未遂) may have the punishment reduced, and if they stopped of their own will, the punishment is reduced or remitted. An attempt is punished only where the article for that crime says so, as the articles on homicide, non-consensual indecency and sexual intercourse and their custodian forms, theft and robbery, and fraud and extortion do. Preparing some crimes (予備) is itself a crime, such as homicide and robbery (Articles 201 and 237).(Art. 43(1), Art. 44(1), Art. 203(1), Art. 180(1), Art. 243(1), Art. 250(1), Art. 201(1), Art. 237(1)) (the provisions it rests on)
- Two or more people who carry out a crime together are all principals (co-principals, 共同正犯). A person who instigates (教唆) another to carry out a crime receives the principal's punishment, while a person who aids (幇助) the principal is an accessory (従犯), whose punishment is reduced from the principal's; neither an instigator nor an accessory is punished for a crime punishable only by penal detention () or a petty fine (), unless a provision says so. A person who takes part in a crime that only someone of a particular status (身分) can commit, such as a public employee (公務員) taking a bribe, is an accomplice even without that status, but where status only makes the punishment heavier or lighter, a person without it receives the ordinary punishment.(Art. 60(1), Art. 61(1), Art. 62(1), Art. 63(1), Art. 64(1), Art. 65(1), Art. 65(2), Art. 197(1)) (the provisions it rests on)
- Part II sets out each crime and its penalty in chapters that run from insurrection (内乱), inducing foreign aggression (外患誘致), crimes concerning foreign relations, obstructing public employees in their duties, escape, harbouring offenders and destroying evidence, through riot, arson, flooding, obstructing traffic, opium and contaminating drinking water. Further chapters cover counterfeiting currency, documents, securities and seals, unauthorized making of the magnetic records of payment cards (支払用カード電磁的記録不正作出), and, without just cause, making, supplying, running, acquiring or keeping programs meant to run on another's computer that make it fail to act as the person using it intends, or act against that intention (不正指令電磁的記録); then perjury, false accusation, public indecency and obscene material. Others cover gambling (Article 185, which does not apply where only things for momentary entertainment were staked; habitual gambling and running a gambling place for profit are punished under Article 186), lotteries, places of worship and graves, abuse of authority, and taking and giving bribes.(Part 2, Art. 77(1), Art. 81(1), Art. 95(1), Art. 97(1), Art. 103(1), Art. 104(1), Art. 169(1), Art. 172(1), Art. 193(1), Art. 197(1), Art. 198(1), Art. 106(1), Art. 108(1), Art. 119(1), Art. 124(1), Art. 142(1), Art. 148(1), Art. 155(1), Art. 159(1), Art. 162(1), Art. 163-2(1), Art. 165(1), Art. 168-2(1), Art. 174(1), Art. 175(1), Art. 185(1), Art. 187(1), Art. 188(1), Art. 92(1), Art. 94(1), Art. 136(1), Art. 139(1), Art. 168-2(2), Art. 168-3(1), Art. 186(1), Art. 186(2)) (the provisions it rests on)
- Non-consensual indecency (不同意わいせつ) and non-consensual sexual intercourse (不同意性交等) — the latter covering vaginal, anal and oral intercourse and indecently inserting a body part other than the penis, or an object, into the vagina or anus — are committed by making it hard for a person to form, express or act on an intention not to consent, or taking advantage of such a state, through assault or threats, a mental or physical disability, alcohol or drugs, sleep or other clouded consciousness, giving no time to refuse, fright or shock at the unexpected, the effects of abuse, fear of disadvantage from economic or social power, or similar means. The same holds for deceiving a person that the act is not indecent or about who is doing it, or exploiting such a mistake, and for any such act with a person under 16, though where that person is 13 to 15 only if the offender was born at least 5 years earlier; it applies whether or not the two are married, with 6 months to 10 years, and 5 years or more, of imprisonment (拘禁刑). Using the influence of actually having custody of someone under 18 is punished the same way, and asking a person under 16, for an indecent purpose, to meet through threats, deceit or enticement, by asking again and again despite being refused, or by giving, offering or promising money or another benefit, or asking them to send sexual images, is a crime of its own, with the same age rule (Article 182).(Art. 176(1), Art. 176(2), Art. 176(3), Art. 177(1), Art. 177(2), Art. 177(3), Art. 179(1), Art. 179(2), Art. 182(1), Art. 182(3)) (the provisions it rests on)
- Other chapters cover homicide (death, life imprisonment (), or 5 years or more), injury (up to 15 years or a fine of up to 500,000 yen), assault, causing injury or death through negligence, abortion, abandonment, unlawful arrest and confinement, intimidation and coercion, kidnapping and human trafficking, trespassing in a residence, defamation and insult, and obstructing business. Crimes against property (財産に対する罪) include theft (up to 10 years or a fine of up to 500,000 yen), robbery (5 years or more), fraud and extortion (up to 10 years), breach of trust, embezzlement, handling stolen property, and damaging buildings, documents and other property.(Art. 199(1), Art. 204(1), Art. 208(1), Art. 209(1), Art. 210(1), Art. 211(1), Art. 212(1), Art. 213(1), Art. 214(1), Art. 215(1), Art. 216(1), Art. 217(1), Art. 218(1), Art. 220(1), Art. 222(1), Art. 223(1), Art. 224(1), Art. 225(1), Art. 226-2(1), Art. 130(1), Art. 230(1), Art. 231(1), Art. 233(1), Art. 234(1), Art. 235(1), Art. 236(1), Art. 246(1), Art. 249(1), Art. 247(1), Art. 252(1), Art. 256(1), Art. 258(1), Art. 259(1), Art. 260(1), Art. 261(1)) (the provisions it rests on)
Contents
301 546 123 36 29
- Part I GENERAL PROVISIONS第一編 総則Articles 1–72 · 86
- Chapter I Scope of Application第一章 通則Articles 1–8 · 11
- Chapter II Punishments第二章 刑Articles 9–21 · 14
- Chapter III Calculation of the Period of Time第三章 期間計算Articles 22–24 · 3
- Chapter IV Suspended Execution of Sentence第四章 刑の執行猶予Articles 25–27-7 · 12
- Chapter V Parole第五章 仮釈放Articles 28–30 · 3
- Chapter VI Prescription and Extinction of Punishment第六章 刑の時効及び刑の消滅Articles 31–34-2 · 5
- Chapter VII Actions not Constituting Crimes and Reduction or Remission of Punishment第七章 犯罪の不成立及び刑の減免Articles 35–42 · 8
- Chapter VIII Attempts第八章 未遂罪Articles 43–44 · 2
- Chapter IX Consolidated Punishments第九章 併合罪Articles 45–55 · 11
- Chapter X Repeated Convictions第十章 累犯Articles 56–59 · 4
- Chapter XI Complicity第十一章 共犯Articles 60–65 · 6
- Chapter XII Reduction of Punishment in Light of Extenuating Circumstances第十二章 酌量減軽Articles 66–67 · 2
- Chapter XIII Rules for Aggravation and Reduction第十三章 加重減軽の方法Articles 68–72 · 5
- Part II CRIMES第二編 罪Articles 73–264 · 215
- Chapter I Deleted第一章 削除Article 73
- Chapter II Crimes Related to Insurrection第二章 内乱に関する罪Articles 77–80 · 4
- Chapter III Crimes Related to Foreign Aggression第三章 外患に関する罪Articles 81–89 · 6
- Chapter IV Crimes Concerning Diplomatic Relations第四章 国交に関する罪Articles 90–94 · 4
- Chapter V Crimes of Obstructing the Performance of Public Duty第五章 公務の執行を妨害する罪Articles 95–96-6 · 8
- Chapter VI Crimes of Escape第六章 逃走の罪Articles 97–102 · 6
- Chapter VII Crimes of Harboring Criminals and Suppressing Evidence第七章 犯人蔵匿及び証拠隠滅の罪Articles 103–105-2 · 4
- Chapter VIII Crimes of Disturbance第八章 騒乱の罪Articles 106–107 · 2
- Chapter IX Crimes of Arson and Fire Caused through Negligence第九章 放火及び失火の罪Articles 108–118 · 12
- Chapter X Crimes Related to Floods and Water Management第十章 出水及び水利に関する罪Articles 119–123 · 5
- Chapter XI Crimes of Obstruction of Traffic第十一章 往来を妨害する罪Articles 124–129 · 6
- Chapter XII Crimes of Breaking into a Residence第十二章 住居を侵す罪Articles 130–132 · 3
- Chapter XIII Crimes of Violating Confidentiality第十三章 秘密を侵す罪Articles 133–135 · 3
- Chapter XIV Crimes Related to Smoking Opium第十四章 あへん煙に関する罪Articles 136–141 · 6
- Chapter XV Crimes Related to Drinking Water第十五章 飲料水に関する罪Articles 142–147 · 6
- Chapter XVI Crimes of Counterfeiting of Currency第十六章 通貨偽造の罪Articles 148–153 · 6
- Chapter XVII Crimes of Counterfeiting of Documents第十七章 文書偽造の罪Articles 154–161-2 · 9
- Chapter XVIII Crimes of Counterfeiting of Securities第十八章 有価証券偽造の罪Articles 162–163 · 2
- Chapter XVIII-2 Crimes Related to Electronic or Magnetic Records of Payment Cards第十八章の二 支払用カード電磁的記録に関する罪Articles 163-2–163-5 · 4
- Chapter XIX Crimes of Counterfeiting of Seals第十九章 印章偽造の罪Articles 164–168 · 5
- Chapter XIX-2 Crimes Related to Electronic or Magnetic Records Containing Unauthorized Commands第十九章の二 不正指令電磁的記録に関する罪Articles 168-2–168-3 · 2
- Chapter XX Crimes of Perjury第二十章 偽証の罪Articles 169–171 · 3
- Chapter XXI Crimes of False Accusations第二十一章 虚偽告訴の罪Articles 172–173 · 2
- Chapter XXII Crimes of Obscenity, Non-Consensual Sexual Intercourse, and Bigamy第二十二章 わいせつ、不同意性交等及び重婚の罪Articles 174–184 · 11
- Chapter XXIII Crimes Related to Gambling and Lotteries第二十三章 賭博及び富くじに関する罪Articles 185–187 · 3
- Chapter XXIV Crimes Related to Places of Worship and Graves第二十四章 礼拝所及び墳墓に関する罪Articles 188–192 · 5
- Chapter XXV Crimes of Corruption第二十五章 汚職の罪Articles 193–198 · 10
- Chapter XXVI Crimes of Homicide第二十六章 殺人の罪Articles 199–203 · 5
- Chapter XXVII Criminal Injury第二十七章 傷害の罪Articles 204–208-2 · 6
- Chapter XXVIII Crimes Causing Injury due to Negligence第二十八章 過失傷害の罪Articles 209–211 · 3
- Chapter XXIX Criminal Abortion第二十九章 堕胎の罪Articles 212–216 · 5
- Chapter XXX Crimes of Abandonment第三十章 遺棄の罪Articles 217–219 · 3
- Chapter XXXI Crimes of Unlawful Capture and Confinement第三十一章 逮捕及び監禁の罪Articles 220–221 · 2
- Chapter XXXII Crimes of Intimidation第三十二章 脅迫の罪Articles 222–223 · 2
- Chapter XXXIII Crimes of Kidnapping and Human Trafficking第三十三章 略取、誘拐及び人身売買の罪Articles 224–229 · 11
- Chapter XXXIV Crimes against Reputation第三十四章 名誉に対する罪Articles 230–232 · 4
- Chapter XXXV Crimes against Credibility and Business第三十五章 信用及び業務に対する罪Articles 233–234-2 · 3
- Chapter XXXVI Crimes of Theft and Robbery第三十六章 窃盗及び強盗の罪Articles 235–245 · 12
- Chapter XXXVII Crimes of Fraud and Extortion第三十七章 詐欺及び恐喝の罪Articles 246–251 · 7
- Chapter XXXVIII Crimes of Embezzlement第三十八章 横領の罪Articles 252–255 · 4
- Chapter XXXIX Crimes Related to Stolen Property第三十九章 盗品等に関する罪Articles 256–257 · 2
- Chapter XL Crimes of Destruction and Concealment第四十章 毀棄及び隠匿の罪Articles 258–264 · 8
Amendments
A Japanese law is changed by another law or order that rewrites it — an . No amendment to this law is waiting to come into force. Its amendment history is below. The amendments this site has read the changes of are on this law's amendments page, provision by provision, in Japanese and English.
16 amendments already in force
21 May 2026
The text on this site
Act Partially Amending the Code of Criminal Procedure, etc. to Respond to Advances in Information and Communications Technology, etc.
情報通信技術の進展等に対応するための刑事訴訟法等の一部を改正する法律
22 July 2025
Act on the Implementation of Agreements Between Japan and Other Contracting States Concerning the Facilitation of Reciprocal Access and Cooperation Between the Self-Defense Forces of Japan and the Armed Forces of Other Contracting States
日本国の自衛隊と我が国以外の締約国の軍隊との間における相互のアクセス及び協力の円滑化に関する日本国と我が国以外の締約国との間の協定の実施に関する法律
12 June 2025
Act Partially Amending the Code of Criminal Procedure, etc. to Respond to Advances in Information and Communications Technology, etc.
情報通信技術の進展等に対応するための刑事訴訟法等の一部を改正する法律
1 June 2025
1 June 2025
Act Partially Amending the Code of Criminal Procedure, etc.
刑事訴訟法等の一部を改正する法律
23 May 2025
Act Partially Amending the Code of Criminal Procedure, etc. to Respond to Advances in Information and Communications Technology, etc.
情報通信技術の進展等に対応するための刑事訴訟法等の一部を改正する法律
13 July 2023
Act Partially Amending the Penal Code and the Code of Criminal Procedure
刑法及び刑事訴訟法の一部を改正する法律
6 June 2023
Act Partially Amending the Code of Criminal Procedure, etc.
刑事訴訟法等の一部を改正する法律
17 May 2023
Act Partially Amending the Code of Criminal Procedure, etc.
刑事訴訟法等の一部を改正する法律
7 July 2022
1 April 2020
Act Partially Amending the Civil Code and the Domestic Relations Case Procedure Act
民法及び家事事件手続法の一部を改正する法律
13 July 2018
Act Partially Amending the Civil Code and the Domestic Relations Case Procedure Act
民法及び家事事件手続法の一部を改正する法律
13 July 2017
Act Partially Amending the Act on Punishment of Organized Crimes and Control of Proceeds of Crime, etc.
組織的な犯罪の処罰及び犯罪収益の規制等に関する法律等の一部を改正する法律
13 July 2017
11 July 2017
Act Partially Amending the Act on Punishment of Organized Crimes and Control of Proceeds of Crime, etc.
組織的な犯罪の処罰及び犯罪収益の規制等に関する法律等の一部を改正する法律
23 June 2016
Act Partially Amending the Code of Criminal Procedure, etc.
刑事訴訟法等の一部を改正する法律
Who it applies to
It applies to
- Anyone, of any nationality, who commits a crime in Japan, or on board a Japanese ship or aircraft outside Japan.(Art. 1(1), Art. 1(2)) (the provisions it rests on)
- Anyone who commits certain crimes outside Japan: insurrection and foreign aggression, counterfeiting currency in circulation under Article 148 (not foreign currency), official documents, securities, payment cards, and the imperial or official seals. It also reaches anyone who, outside Japan, commits a crime in Part II that a treaty requires to be punished even when committed abroad.(Art. 2(1), Art. 4-2(1)) (the provisions it rests on)
4 more
- Japanese nationals who commit listed crimes outside Japan, among them arson, non-consensual indecency and sexual intercourse and their custodian forms, bigamy, giving bribes, homicide, injury, abandonment by a person responsible for protection, unlawful arrest and confinement, kidnapping and human trafficking, defamation, theft, robbery, fraud, extortion, embezzlement in the course of business, and dealing in stolen property.(Art. 3(1)) (the provisions it rests on)
- People who are not Japanese nationals and who, outside Japan, commit against a Japanese national non-consensual indecency or sexual intercourse or their custodian forms, homicide, injury, unlawful arrest or confinement, kidnapping or human trafficking, or robbery.(Art. 3-2(1)) (the provisions it rests on)
- Japanese public employees (公務員) — officials of the national or local government and others engaged in public duties under laws and regulations — who commit listed crimes outside Japan: a guard helping a detainee escape, making false official documents, abuse of authority, violence or cruelty by those guarding or escorting detainees, and taking bribes.(Art. 4(1), Art. 7(1)) (the provisions it rests on)
- Crimes defined in other laws and orders: the general rules of Part I, on punishments, intent, attempts, accomplices and the rest, apply to them too, unless the law or order concerned provides otherwise.(Art. 8(1)) (the provisions it rests on)
Special rules and exceptions (8)
- A person under 14 is not punished for their acts.(Art. 41(1)) (the provisions it rests on)
- An act of a person in a state of insanity (心神喪失) is not punished, and an act of a person with diminished capacity (心神耗弱) has its punishment reduced.(Art. 39(1), Art. 39(2)) (the provisions it rests on)
- A person who turns themselves in (自首) before investigators have discovered the crime may have the punishment reduced; so may a person who, for a crime that needs a complaint, tells someone entitled to file it of their crime and leaves the matter to them. Any punishment may also be reduced where the circumstances of the crime call for leniency (酌量減軽).(Art. 42(1), Art. 42(2), Art. 66(1)) (the provisions it rests on)
- Theft, taking another's real estate, fraud, extortion, breach of trust and embezzlement committed between spouses, lineal relatives or relatives living together have their punishment remitted, as does dealing in stolen property between a person and their spouse, lineal relatives, relatives living together or those relatives' spouses; neither remission extends to an accomplice who is not a relative. Separately, a relative who hides an offender or destroys evidence for the offender's benefit may have the punishment remitted.(Art. 244(1), Art. 244(3), Art. 251(1), Art. 255(1), Art. 257(1), Art. 257(2), Art. 105(1)) (the provisions it rests on)
- Defamation is not punished if the facts concern the public interest, the purpose was solely to serve the public interest, and the facts are proved true; facts about a crime not yet prosecuted count as concerning the public interest. For facts about a public employee or a candidate for elected public office, proof that they are true is enough. Defaming a dead person is punished only where it was done by stating false facts.(Art. 230-2(1), Art. 230-2(2), Art. 230-2(3), Art. 230(2)) (the provisions it rests on)
- Where an Act (法律) changes the punishment for a crime after it was committed, the lighter punishment applies.(Art. 6(1)) (the provisions it rests on)
- Acts done from 13 July 2017 to 12 July 2023 are punished under the wording before Act No. 66 of 2023, which Article 2 of that Act's 附則 (supplementary provisions) keeps in force for acts before it. Under that wording, Articles 176 to 178 made indecency through compulsion (強制わいせつ) and forcible sexual intercourse (強制性交等), meaning vaginal, anal or oral intercourse, crimes when done through assault or intimidation against a person 13 or over, or with any child under 13, punished by 6 months to 10 years and by 5 years or more of imprisonment with work (); taking advantage of a person's insanity or inability to resist, or causing it, was punished the same way. How a sentence of imprisonment with work is handled now that the Code has only imprisonment (拘禁刑) is left to a separate Act.(Suppl. Prov. Art. 1(1), Suppl. Prov. Art. 2(1), Suppl. Prov. Art. 1(1), Suppl. Prov.(2), Art. 176(1) until 12 July 2023, Art. 177(1) until 12 July 2023, Art. 178(1) until 12 July 2023, Art. 178(2) until 12 July 2023) (the provisions it rests on)
- Acts done before 13 July 2017 are punished under the earlier law (従前の例), which Article 2 of the 附則 (supplementary provisions) of Act No. 72 of 2017 keeps for them; how a sentence of imprisonment with work (懲役) is handled now is left to a separate Act. Under the wording in force immediately before that day, indecency through compulsion (強制わいせつ) was an indecent act through assault or intimidation against a person 13 or over, or any indecent act with a child under 13 (6 months to 10 years of imprisonment with work), and rape (強姦) was sexual intercourse with a woman or girl of 13 or over through assault or intimidation, or with a girl under 13 (3 years or more); taking advantage of a person's insanity or inability to resist, or causing it, to commit an indecent act was punished as indecency through compulsion, doing so to a woman or girl to have intercourse as rape, and rape committed jointly on the spot by two or more people carried 4 years or more (the earlier Article 178-2). The crimes of the earlier Articles 176 to 178, other than indecency committed jointly on the spot by two or more people, needed a complaint () under the earlier Article 180, but since that Act came into force they can be prosecuted without one, unless the right to complain had already lapsed by then.(Suppl. Prov. Art. 1(1), Suppl. Prov. Art. 2(1), Suppl. Prov. Art. 2(2), Suppl. Prov.(2), Art. 176(1) until 12 July 2017, Art. 177(1) until 12 July 2017, Art. 178(1) until 12 July 2017, Art. 178(2) until 12 July 2017, Art. 180(1) until 12 July 2017, Art. 178-2(1) until 12 July 2017, Art. 180(2) until 12 July 2017) (the provisions it rests on)
How it is enforced (12)
- The principal punishments are, from heaviest: death (死刑), imprisonment (), a fine () of 10,000 yen or more (less when the punishment is reduced), penal detention () of at least 1 day and under 30 days, and a petty fine () of at least 1,000 yen and under 10,000 yen; confiscation () may be added to them. The death penalty is carried out by hanging within a penal institution.(Art. 9(1), Art. 10(1), Art. 11(1), Art. 15(1), Art. 16(1), Art. 17(1)) (the provisions it rests on)
- Imprisonment (拘禁刑) is for life or for a fixed term of 1 month to 20 years, which can be raised to 30 years when the punishment is aggravated or lowered below 1 month when it is reduced, and is served in a penal institution, where the person may be made to work or be given guidance to help them reform. It replaced imprisonment with work () and imprisonment without work (), the sentences of the earlier Articles 12 and 13, under Act No. 67 of 2022, which came into force on a day a Cabinet Order (政令) set within three years of its promulgation on 17 June 2022. How the change applies to earlier acts and sentences is left to a separate Act, and for non-consensual indecency and intercourse and the requests to a person under 16 of Article 182 committed from 13 July 2023 until the day before it, Articles 176, 177 and 182 read imprisonment with work (懲役) in its place.(Art. 12(1), Art. 12(2), Art. 12(3), Art. 14(2), Art. 13, Suppl. Prov. Art. 10(2), Suppl. Prov.(1), Suppl. Prov.(2), Suppl. Prov. Art. 1(1), Suppl. Prov. Art. 3(1)) (the provisions it rests on)
- A person who cannot pay a fine in full is held in a workhouse (労役場留置) for 1 day to 2 years, and one who cannot pay a petty fine for 1 to 30 days, for a period the sentence itself sets. Without the person's consent, this cannot begin within 30 days after the judgment on a fine becomes final, or within 10 days for a petty fine.(Art. 18(1), Art. 18(2), Art. 18(4), Art. 18(5)) (the provisions it rests on)
- Things that made up the crime, were used or meant to be used for it, or were produced or gained by it or received as a reward for it, and things received in exchange for the latter, may be confiscated (没収) if they belong to no one but the offender or were acquired after the crime by someone who knew. Where such proceeds cannot be confiscated, their value may be collected instead (追徴). A bribe received by the offender, or by a third party who knew, is always confiscated, or its value collected.(Art. 19(1), Art. 19(2), Art. 19-2(1), Art. 197-5(1)) (the provisions it rests on)
- A sentence of imprisonment (拘禁刑) of 3 years or less, or a fine of 500,000 yen or less, may be suspended in full (刑の全部の執行猶予) for 1 to 5 years from when it becomes final, in light of the circumstances, for a person never before sentenced to imprisonment or heavier, or not so sentenced within 5 years after finishing or being remitted such a sentence, and probation (保護観察) may be added. A person whose earlier imprisonment was suspended in full may have a new sentence of 2 years or less suspended again where the circumstances especially call for leniency, with probation then required, unless they committed the new crime while on probation under such a second suspension. The suspension must be revoked if, among other cases, the person is sentenced to imprisonment without suspension for a crime committed during the period, and may be revoked, among other cases, for a fine for such a crime or a serious breach of probation conditions; if the period passes without revocation, the sentence loses its effect, unless a prosecution is pending for a crime punishable by a fine or heavier committed during the period.(Art. 25(1), Art. 25(2), Art. 25-2(1), Art. 26(1), Art. 26-2(1), Art. 27(1), Art. 27(2)) (the provisions it rests on)
- Part of a sentence of imprisonment (拘禁刑) of 3 years or less may be suspended for 1 to 5 years (刑の一部の執行猶予), with or without probation, where that is needed and appropriate to prevent another crime, for a person never before sentenced to imprisonment or heavier, one whose earlier imprisonment was suspended in full, or one not so sentenced within 5 years after finishing or being remitted such a sentence. The suspension period runs from when the unsuspended part has been served; the suspension must be revoked if the person is sentenced to imprisonment or heavier for a crime committed after it was granted, among other cases, and may be revoked for a fine for such a crime or for breaking probation conditions. If the period passes without revocation, the sentence is reduced to the part already served, unless a prosecution is pending for a crime punishable by a fine or heavier committed after the suspension was granted and before the period ended.(Art. 27-2(1), Art. 27-2(2), Art. 27-3(1), Art. 27-4(1), Art. 27-5(1), Art. 27-7(1), Art. 27-7(2)) (the provisions it rests on)
- Days held in custody before judgment (未決勾留) may be counted, in whole or in part, toward the sentence. A person serving imprisonment (拘禁刑) who shows sincere repentance (改悛の状) may be released on parole (仮釈放) by decision of an administrative authority (行政官庁) once a third of a fixed term, or 10 years of a life term, has passed. Parole may be revoked, among other cases, for a new crime punished with a fine or heavier during parole or for breaking its conditions, and the days spent on release then do not count toward the sentence.(Art. 21(1), Art. 28(1), Art. 29(1), Art. 29(3)) (the provisions it rests on)
- A sentence other than death is remitted by prescription (刑の時効) once it has gone unexecuted after becoming final for 30 years (life imprisonment), 20 years (imprisonment of 10 years or more), 10 years (3 to under 10 years), 5 years (under 3 years), 3 years (a fine) or 1 year (penal detention, a petty fine or confiscation). The period does not run while execution is suspended or stayed under laws and regulations, nor, for imprisonment, fines, penal detention and petty fines, while the sentenced person is outside Japan, for time abroad from 17 May 2023. It is interrupted (中断) when the person is detained to serve imprisonment or penal detention, or by an act of execution for a fine, a petty fine or confiscation.(Art. 31(1), Art. 32(1), Art. 33(1), Art. 33(2), Art. 34(1), Art. 34(2), Suppl. Prov. Art. 9(1), Suppl. Prov. Art. 1(1)(i)) (the provisions it rests on)
- Where a person who has finished or been remitted a sentence of imprisonment (拘禁刑) or heavier goes 10 years without being sentenced to a fine or heavier, the sentence loses its effect; for a sentence of a fine or lighter, the period is 5 years.(Art. 34-2(1)) (the provisions it rests on)
- Some crimes can be prosecuted only if a complaint () is filed: among them opening another's letters and leaking professional secrets, simple negligent injury (Article 209, but not injury through negligence in the course of business or gross negligence under Article 211), kidnapping a minor, defamation and insult, damaging another's documents on rights or duties or other property, and hiding another's letters. Theft and taking another's real estate, the fraud, breach-of-trust and extortion crimes of Chapter 37, and the embezzlement crimes of Chapter 38, with attempts at them, also need a complaint when committed between relatives other than a spouse, lineal relatives and relatives living together.(Art. 135(1), Art. 209(2), Art. 229(1), Art. 232(1), Art. 264(1), Art. 244(2), Art. 251(1), Art. 255(1), Art. 211(1), Art. 259(1)) (the provisions it rests on)
- A person who has already received a final judgment abroad may still be punished in Japan for the same act; but if they have served all or part of the foreign sentence, the execution of the Japanese sentence is reduced or remitted.(Art. 5(1)) (the provisions it rests on)
- A person who commits a crime within 5 years after finishing or being remitted a sentence of imprisonment (拘禁刑) and is again sentenced to a fixed term is a repeat offender (再犯), whose maximum term is double that set for the crime. Where two or more crimes not yet finally judged are sentenced together (併合罪) to fixed terms, the maximum is the gravest crime's maximum plus half, but no more than the sum of each crime's maximum; once one crime has a final judgment of imprisonment or heavier, only it and crimes committed before that judgment became final combine. In either case an aggravated fixed term can go no higher than 30 years.(Art. 56(1), Art. 57(1), Art. 45(1), Art. 47(1), Art. 14(2)) (the provisions it rests on)
How it connects to other laws
- Immigration Control and Refugee Recognition Act100
- Real Estate Brokerage Act30
- Act on Prohibition of Unauthorized Computer Access20
- Nationality Act20
- Income Tax Act10
- Act on Ensuring the Proper Operation of Worker Dispatching Services and Protecting Dispatched Workers10
- Consumer Contract Act10
- Hotel Business Act10
- Companies Act10
- Secondhand Goods Business Act10
- Labor Union Act10
- Passport Act10
It also names 12 laws not yet held here.
Where the translation comes from
- 599
- 468
The Ministry of Justice's translation is shown only where the Japanese it translates matches the law in force today. Everywhere else the English is a machine translation, marked on the paragraph itself.
Only the Japanese is the law, and no lawyer has reviewed the machine translation.
Sources
Everything this page rests on
- e-Gov (Digital Agency)刑法 — the text in force from 2026-05-21Original
- e-Gov (Digital Agency)刑法 — revision historyOriginal
- Japanese Law Translation, Ministry of JusticePenal Code — Ministry of Justice translationOriginal
- Machine translation, not official
- Written for this site with AIEnglish titles of amending laws, written for this site
- Written for this site with AIDescriptions of each law, written for this site
- Written for this site with AICorrections to the Ministry of Justice's English of paragraphs
- Worked out by this site from e-Gov's text