Penal Code

The Penal Code is hereby established as set forth in the separate volume.

The date on which this Act comes into effect is specified by Imperial Ordinance.

The Penal Code under Proclamation No. 36 of 1880 is repealed as of the day on which this Act comes into effect.

(Separate Volume)

This Code applies to anyone who commits a crime within the territory of Japan.

The same applies to anyone who commits a crime on board a Japanese vessel or aircraft outside the territory of Japan.

This Code applies to anyone who commits one of the following crimes outside the territory of Japan:

deleted;

the crimes prescribed under Articles 77 through 79 (Insurrection; Preparations; Plots; Accessoryship to Insurrection);

the crimes prescribed under Articles 81 (Instigation of Foreign Aggression), 82 (Assistance to the Enemy), 87 (Attempts) and 88 (Preparation; Plots);

the crime prescribed under Article 148 (Counterfeiting of Currency and Uttering Counterfeit Currency) as well as an attempt thereof;

the crimes prescribed under Article 154 (Counterfeiting of Imperial or State Documents), 155 (Counterfeiting of Official Documents), 157 (False Entries in the Original of Notarized Deeds) and 158 (Uttering Counterfeit Official Documents), and the crime concerning an electronic or magnetic record which should be created by a public office or a public employee in Article 161-2 (Unauthorized Creation of Electronic or Magnetic Records);

the crimes prescribed under Articles 162 (Counterfeiting of Securities) and 163 (Uttering Counterfeit Securities);

the crimes prescribed under Articles 163-2 through 163-5 (Unauthorized Creation of Payment Cards with an Electronic or Magnetic Record; Possession of Payment Cards with an Unauthorized Electronic or Magnetic Record; Preparation for Unauthorized Creation of Payment Cards with an Electronic or Magnetic Record; Attempts);

the crimes prescribed under Articles 164 through 166 (Counterfeiting or Unauthorized Use of the Imperial Seal; Counterfeiting or Unauthorized Use of Official Seals; Counterfeiting or Unauthorized Use of Official Marks) as well as any attempts to commit the crimes prescribed under paragraph (2) of Article 164, paragraph (2) of Article 165, and paragraph (2) of Article 166.

This Code applies to any Japanese national who commits one of the following crimes outside the territory of Japan:

the crimes prescribed under Article 108 (Arson of Inhabited Buildings) and paragraph (1) of Article 109 (Arson of Uninhabited Buildings), and other crimes which are dealt with in the same manner as the preceding crimes provided therein, as well as any attempt to commit the crimes mentioned above;

the crime prescribed under Article 119 (Damage to Inhabited Buildings by Flood);

the crimes prescribed under Articles 159 through 161 (Counterfeiting of Private Documents; Falsifying of Medical Certificates; Utterance of Counterfeit Private Documents) and the crime regarding electronic or magnetic records in Article 161-2 except those which fall within item (v) of the preceding Article;

the crimes prescribed under Article 167 (Counterfeiting or Unauthorized Use of Private Seals) and any attempt to commit the crimes prescribed under paragraph (2) of that Article;

the crimes prescribed under Articles 176 through 181 (Indecency through Compulsion; Forcible Sexual Intercourse; Constructive Indecency through Compulsion and Constructive Forcible Sexual Intercourse; Indecency by a Person Having Custody of a Person under 18; Sexual Intercourse by a Person Having Custody of a Person under 18; Attempts; Indecency through Compulsion Causing Death or Injury) and 184 (Bigamy);

the crime prescribed under Article 198 (Active Bribery);

the crime prescribed under Article 199 (Homicide) and attempt thereof;

the crimes prescribed under Articles 204 (Injury) and 205 (Injury Causing Death);

the crimes prescribed under Articles 214 through 216 (Abortion through Professional Conduct; Causing Death or Injury thereof; Abortion without Consent; Abortion without Consent Causing Death or Injury);

the crime prescribed under Article 218 (Abandonment by a Person Responsible for Protection) and the crime prescribed under Article 219 (Abandonment Causing Death or Injury) in connection with the crime prescribed under Article 218;

the crimes prescribed under Articles 220 (Unlawful Capture; Unlawful Confinement) and 221 (Unlawful Capture or Unlawful Confinement Causing Death or Injury);

the crimes prescribed under Articles 224 through 228 (Kidnapping of Minors; Kidnapping for Profit; Kidnapping for Ransom; Kidnapping for Transportation out of a Country; Human Trafficking; Transporting Kidnapped Persons out of a Country; Delivery of Kidnapped Persons; Attempts);

the crime prescribed under Article 230 (Defamation);

the crimes prescribed under Articles 235 through 236 (Theft; Taking Unlawful Possession of Real Estate; Robbery), Articles 238 through 240 (Constructive Robbery; Drug-Facilitated Robbery; Robbery Causing Death or Injury), paragraphs (1) and (3) of Article 241 (Robbery or Forcible Sexual Intercourse; Causing Death Thereby), and Article 243 (Attempts);

the crimes prescribed under Articles 246 through 250 (Fraud; Computer Fraud; Breach of Duty of Loyalty; Constructive Fraud; Extortion; Attempts);

the crime prescribed under Article 253 (Embezzlement in the Pursuit of Social Activities);

the crimes prescribed under paragraph (2) of Article 256 (Acceptance of Stolen Property).

This Code applies to any non-Japanese national who commits one of the following crimes against a Japanese national outside the territory of Japan:

the crimes prescribed under Articles 176 through 181 (Indecency through Compulsion; Forcible Sexual Intercourse; Constructive Indecency through Compulsion and Constructive Forcible Sexual Intercourse; Indecency by a Person Having Custody of a Person under 18; Sexual Intercourse by a Person Having Custody of a Person under 18; Attempts; Indecency through Compulsion Causing Death or Injury);

the crime prescribed under Articles 199 (Homicide) and attempt thereof;

the crimes prescribed under Articles 204 (Injury) and 205 (Injury Causing Death);

the crimes prescribed under Articles 220 (Unlawful Capture and Confinement) and 221 (Unlawful Capture or Confinement Causing Death or Injury);

the crimes prescribed under Articles 224 through 228 (Kidnapping of Minors; Kidnapping for Profit; Kidnapping for Ransom; Kidnapping for Transportation out of a Country; Human Trafficking; Transporting Kidnapped Persons out of a Country; Delivery of Kidnapped Persons; Attempts);

the crimes prescribed under Articles 236 (Robbery), 238 through 240 (Constructive Robbery; Drug-Facilitated Robbery; Robbery Causing Death or Injury), and paragraphs (1) and (3) of Article 241 (Robbery or Forcible Sexual Intercourse; Causing Death Thereby), as well as attempts of these crimes (excluding the crime prescribed in paragraph (1) of Article 241).

This Code applies to any public employees of Japan who commits one of the following crimes outside the territory of Japan:

the crime prescribed under Article 101 (Assistance in Escape by a Guard) as well as an attempt thereof;

the crime prescribed under Article 156 (Making of False Official Documents);

the crimes prescribed under Article 193 (Abuse of Authority by Public Employees), paragraph (2) of Article 195 (Assault and Cruelty by Specialized Public Employees) and Articles 197 through 197-4 (Acceptance of Bribes; Acceptance on a Request; Acceptance in Advance; Passing of Bribes to a Third Party; Aggravated Acceptance of Bribes; Acceptance after Resignation of Office; Acceptance for Exertion of Influence), and the crime prescribed under Article 196 (Abuse of Authority Causing Death or Injury by Specialized Public Employees) related to the crime prescribed in paragraph (2) of Article 195.

Beyond what is provided for in the provisions of Article 2 through the preceding Article, this Code also applies to anyone who commits those crimes outside the territory of Japan prescribed under Part II which are governed by a treaty even if committed outside the territory of Japan.

Even when a final and binding decision has been rendered by a foreign judiciary against the criminal act of a person, it does not preclude further punishment in Japan with regard to the same act; provided, however, that when the person has already served either the entire or part of the punishment abroad, the execution of the punishment is mitigated or remitted.

When a punishment is changed by law after the commission of a crime, the lesser punishment is applied.

The term "public employee" as used in this Code means a national or local government official, a member of an assembly or committee, or other employees engaged in the performance of public duties in accordance with laws and regulations.

The term "public office" as used in this Code means an office where public employees perform their duties.

The term "electronic or magnetic record" as used in this Code means any record which is produced by electronic, magnetic or any other means unrecognizable by natural perceptive functions and is used for data-processing by a computer.

The general provisions of this Part also apply to crimes for which punishments are provided by other laws and regulations, except when special provisions are provided in such laws and regulations.

The principal punishments are categorized as the death penalty, imprisonment with work, imprisonment without work, fine, penal detention and petty fine, with confiscation as a supplementary punishment.

The order of severity of the principal punishments is according to the order in which they are provided for in the preceding Article; provided, however, that imprisonment without work for life is severer than imprisonment with work for a definite term, and imprisonment without work for a definite term is also severer than imprisonment with work for a definite term when the maximum term prescribed for the former exceeds twice the maximum term prescribed for the latter.

Between punishments of the same type, the punishment prescribed with a higher maximum term or amount is severer; and when the maximum terms or amounts are equal, the punishment prescribed with the higher minimum term or amount is severer.

Between death penalties or punishments of the same type which have equal maximum and minimum terms or amounts, the order of severity is determined in light of the circumstances of the crimes.

The death penalty is executed by hanging at a penal institution.

A person who has been sentenced to the death penalty is detained in a jail until their execution.

Imprisonment with work is either for life or with a definite term, and imprisonment with work for a definite term is for a term of one month or more and 20 years or less.

Imprisonment with work consists of confinement in a penal institution with assigned work.

Imprisonment without work is either for life or with a definite term, and imprisonment without work for a definite term is for a term of one month or more and 20 years or less.

Imprisonment without work consists of confinement in a penal institution.

If the death penalty, or imprisonment with work or imprisonment without work for life is reduced to imprisonment with work or imprisonment without work for a definite term, its maximum term is 30 years.

If imprisonment with work or imprisonment without work for a definite term is aggravated, the term may be extended to 30 years, and if it is reduced, the term may be reduced to less than one month.

A fine is not less than 10,000 yen; provided, however, that if it is reduced, the amount may be reduced to less than 10,000 yen.

Penal detention consists of confinement in a penal institution for not less than 1 day but less than 30 days.

A petty fine is not less than 1,000 yen but less than 10,000 yen.

A person who defaults in payment of a fine in full is detained in a workhouse for a term of not less than one day but not more than two years.

A person who defaults in payment of a petty fine in full is detained in a workhouse for a term of not less than one day but not more than 30 days.

When fines are imposed cumulatively or when a fine and a petty fine are imposed cumulatively, the term of detention may not exceed three years. When petty fines are imposed cumulatively, the term of detention may not exceed 60 days.

When rendering a sentence of a fine or petty fine the court is to simultaneously determine and render a term of detention in the case of a default in the full payment thereof.

Without the consent of the sentenced person, confinement for default of a fine may not be executed within 30 days from the time when the decision has become final and binding, and confinement for default of a petty fine may not be executed within 10 days from the time when the decision has become final and binding.

When a person sentenced to a fine or petty fine has made a payment of part of the fine, the term of detention is calculated by dividing the amount of the unpaid payments by the amount corresponding to the ratio of one day of detention (a remainder less than one day is deemed as one whole day) reduced by a period of days in proportion to the amount of payments made for the fine or petty fine imposed.

The following objects may be confiscated:

an object which is used as a key component of a criminal act;

an object used or intended for use in the commission of a criminal act;

an object produced or acquired by means of a criminal act or an object acquired as reward for a criminal act;

an object received in exchange for the object set forth in the preceding item.

An object set forth in the preceding paragraph may only be confiscated if it does not belong to a person other than the criminal; provided, however, that it may be confiscated if a person other than the criminal acquires the object after the crime with knowledge of the applicability of the preceding items.

When the whole or part of the object prescribed in items (iii) and (iv) of paragraph (1) of the preceding Article cannot be confiscated, a sum of money equivalent thereto may be collected.

Confiscation cannot be imposed to crimes punishable only by penal detention or a petty fine, except when specifically provided for; provided, however, that this does not apply to the object set forth in item (i) of paragraph (1) of Article 19.

The days spent in pre-sentencing detention may be included in whole or in part into the sentence imposed.

When a term is expressed in months or years, it is to be calculated in accordance with the calendar.

The term of imprisonment is calculated from the day on which such sentence becomes final and binding.

The days when the criminal is not actually confined is not to be included into the term of punishment, even if they are after the sentence has become final and binding.

The first day of imprisonment is calculated as one whole day regardless of the number of hours actually imprisoned. The same applies to the first day of the period of prescription.

Final release from imprisonment takes place on the day after completion of the term of imprisonment.

When any one of the following persons has been sentenced to imprisonment with work or imprisonment without work for 3 years or less or a fine of 500,000 yen or less, the execution of the entire sentence may be suspended in light of circumstances for a period of 1 year or more and 5 years or less from the day on which the sentence becomes final and binding.

a person not previously sentenced to imprisonment without work or a greater punishment;

a person who, although previously sentenced to imprisonment without work or greater punishment, has not subsequently been sentenced to imprisonment without work or greater punishment within 5 years from the day on which execution of the former punishment was completed or remitted.

When a person, who has been sentenced to imprisonment without work or a heavier punishment and has been granted suspension of execution of the entire sentence, is sentenced subsequently to imprisonment with work or imprisonment without work for 1 year or less and there are circumstances especially favorable to the person, the person may be granted suspension of execution of the sentence as with the persons prescribed in the preceding paragraph; provided, however, that the same does not apply to a person who has been placed under probation pursuant to the provision of paragraph (1) of the following Article and commits a crime again within the term of such probation.

In cases prescribed in paragraph (1) of the preceding Article, the subject person may be placed under probation during the period of suspended execution of the sentence; and in cases prescribed in paragraph (2) of that Article, that person is placed under probation through the period of suspended execution of the sentence.

Probation placed pursuant to the provisions of the preceding paragraph may be provisionally cancelled by a disposition of a government agency.

When probation is provisionally cancelled pursuant to the provisions of the preceding paragraph, the person, for the purpose of the provisions of the proviso of paragraph (2) of the preceding Article and of item (ii) of Article 26-2, is deemed not to be under probation until the provisional cancellation is revoked.

Suspended execution of the entire sentence must be revoked in the following cases; provided, however, that item (iii) does not apply when the subject person is a person set forth in item (ii) of paragraph (1) of Article 25 or falls under item (iii) of the following Article:

when a further crime is committed within the term of suspension and imprisonment without work or a greater punishment is imposed for the crime, and the subject person is not granted suspension of execution of such sentence in whole;

when the person who was granted suspension is sentenced to imprisonment without work or a greater punishment for a crime committed before such grant, and is not granted suspension of execution of such sentence in whole.

when it is discovered that, before a person was granted a suspended execution of sentence for a crime, the person had been sentenced to imprisonment without work or a greater punishment for another crime before such grant.

Suspended execution of the entire sentence may be revoked in the following cases:

when a further crime is committed within the term of suspension and a fine is imposed for the crime;

when a person placed under probation in accordance with the provisions of paragraph (1) of Article 25-2 fails to observe any of the conditions of the probation and the circumstances related to such failure are serious;

when it is discovered that, before a person was granted suspension for a crime, the person had been sentenced to imprisonment without work or a greater punishment for another crime and granted suspension of execution of such sentence in whole.

When a suspended execution of the sentence to imprisonment without work or a greater punishment in whole is revoked pursuant to the provisions of the preceding two Articles, the concurrent suspended execution of another sentence to imprisonment without work or a greater punishment must also be revoked.

When the entire period of suspended execution of the sentence in whole progresses without rescission, the sentence ceases to be effective.

When any one of the following persons has been sentenced to imprisonment with work or imprisonment without work for 3 years or less, the execution of the sentence in part may be suspended for a period of 1 year or more and 5 years or less if it is found that such suspension is necessary and reasonable to prevent the person from committing another crime, in consideration of the severity of the circumstances of the crime, circumstances of the criminal and other relevant circumstances:

a person not previously sentenced to imprisonment without work or a greater punishment;

a person who, although previously sentenced to imprisonment without work or a greater punishment, has been granted suspension of execution of the entire sentence;

a person who, although previously sentenced to imprisonment without work or a greater punishment, has not subsequently been sentenced to imprisonment without work or a greater punishment within 5 years from the day on which execution of the former punishment was completed or remitted.

With regard to a punishment for which the suspension of execution in part was granted pursuant to the provisions of the preceding paragraph, the period of such suspension is calculated from the day on which the execution of the portion of the term for which the suspension of execution was not granted is completed, or the day on which the subject person becomes no longer subject to the execution of such sentence.

Notwithstanding the provision of the preceding paragraph, if the person has another sentence to imprisonment with work or imprisonment without work to be executed at the time when the portion of the term for which the suspension of execution was not granted is completed or the person becomes no longer subject to the execution of such sentence, the period of suspension granted pursuant to the provisions of paragraph (1) is calculated from the day on which the execution of the imprisonment with work or imprisonment without work to be executed is completed or the day on which the person becomes no longer subject to the execution of such sentence.

In cases prescribed in paragraph (1) of the preceding Article, the subject person may be placed under probation during the period of suspended execution of the sentence.

The probation placed pursuant to the provision of the preceding paragraph may be provisionally cancelled by a disposition of a government agency.

When the probation is provisionally cancelled pursuant to the provision of the preceding paragraph, the person, for the purpose of the provisions of item (ii) of Article 27-5, is not deemed to be under probation until the provisional cancellation is revoked.

Suspended execution of part of the sentence is revoked in the following cases; provided, however, that item (iii) does not apply when the subject person is a person set forth in item (iii) of paragraph (1) of Article 27-2:

when a further crime is committed after the suspended execution is granted and imprisonment without work or a greater punishment is imposed for the crime;

when imprisonment without work or a greater punishment is imposed for another crime committed before the suspended execution was granted;

when it is discovered that, before the suspended execution was granted, the person had been sentenced to imprisonment without work or a greater punishment for another crime and had not been granted a suspended execution of that sentence in whole.

Suspended execution of part of the sentence may be revoked in the following cases:

when a further crime is committed after the suspended execution is granted and a fine is imposed for the crime;

when a person placed under probation pursuant to the provision of paragraph (1) of Article 27-3 fails to observe any of the conditions of the probation.

When a suspended execution of the sentence in part is revoked pursuant to the provisions of the preceding two Articles, the concurrent suspended execution of another sentence to imprisonment without work or a greater punishment must also be revoked.

When the period of suspended execution of the sentence in part elapses without the suspended execution being revoked, the imprisonment with work or imprisonment without work is reduced to imprisonment with work or imprisonment without work with the term of imprisonment equal to the portion of the term for which the execution was not suspended. In this case, the subject person is deemed to have completed the execution of the punishment on the day the execution of such portion of the term is completed or the person becomes no longer subject to the execution of such sentence.

When a person sentenced to imprisonment with work or imprisonment without work evinces signs of substantial reformation, the person may be paroled by a disposition of a government agency after that person has served one-third of the definite term sentenced or 10 years in the case of a sentence for life.

Parole may be revoked in the following cases:

when a further crime is committed within the period of parole and a fine or greater punishment is imposed for the crime;

when a fine or greater punishment is imposed for a crime committed before the parole;

when a fine or greater punishment is imposed for another crime before the parole is implemented;

when the person fails to observe any of the conditions of the parole.

When a person is granted a suspended execution of the sentence in part and receives a disposition of parole for the crime, and such suspended execution is revoked during such parole, such disposition ceases to be effective.

When a parole is revoked, or a disposition of parole ceases to be effective pursuant to the provision of the preceding paragraph, the number of days during the parole is not to be included into the term of imprisonment.

A person under penal detention may be provisionally released by a disposition of a government agency at any time when circumstances so warrant.

The same applies to a person under detention owing to payment default of a fine or petty fine.

Prescription is to have the effect of remitting the sentence (excluding the death penalty) of a person who has been sentenced to punishment.

Prescription takes effect when a punishment has not been executed within any of the following terms after a sentence has become final and binding:

thirty years for imprisonment with work or imprisonment without work for life;

twenty years for imprisonment with work or imprisonment without work for a definite term of 10 years or more;

ten years for imprisonment with work or imprisonment without work for a definite term of 3 years or more and less than 10 years;

five years for imprisonment with work or imprisonment without work for a definite term of less than 3 years;

three years for a fine;

one year for a penal detention, a petty fine and confiscation.

Prescription is not to run while execution of the sentence is suspended or stayed in accordance with laws and regulations.

If a person who has been sentenced is outside Japan, prescription of imprisonment, a fine, penal detention and a petty fine does not run during the period in which the person is outside Japan.

The period of prescription of imprisonment with work, imprisonment without work or penal detention is interrupted when the sentenced person is taken into custody for the purpose of execution of the punishment.

The period of prescription of a fine, petty fine or confiscation is interrupted when an act of execution takes place.

When ten years have passed since a person completed the execution of imprisonment without work or a greater punishment or had the execution of such punishment remitted, without the person being sentenced to a fine or a greater punishment, the sentence ceases to have effect. The same applies when five years have passed since a person completed the execution of a fine or a lesser punishment or had the execution of such punishment remitted, without the person being sentenced to a fine or a greater punishment.

In the case of a person who was sentenced to a remitted punishment without being further sentenced to a fine or a greater punishment during a period of two years since such sentence became final and binding, the sentence ceases to have effect.

An act performed in accordance with laws and regulations or in the pursuit of lawful business is not punishable.

An act a person was compelled to take to protect the rights of oneself or any other person against imminent and unlawful infringement is not punishable.

An act exceeding the limits of self-defense may lead to the punishment being reduced or may exculpate the offender in light of the circumstances.

An act a person was compelled to take to avert a present danger to the life, body, liberty or property of oneself or any other person is not punishable only when the harm produced by such act does not exceed the harm to be averted; provided, however, that an act causing excessive harm may lead to the punishment being reduced or may exculpate the offender in light of the circumstances.

The preceding paragraph does not apply to a person under special professional obligation.

An act performed without the intent to commit a crime is not punishable; provided, however, that the same does not apply unless otherwise specially provided for by law.

When a person who commits a crime was not aware of the fact that the crime constituted a greater crime, the person may not be punished for the greater crime.

A person lacking knowledge of law does not mean a lack of intention to commit a crime; provided, however, the punishment may be reduced in light of the circumstances.

Actions due to insanity is not subject to punishment.

An act of diminished capacity leads to the punishment being reduced.

Deleted.

An act of a person less than 14 years of age is not punishable.

The punishment of a person who committed a crime and self- denounces themselves before being discovered as a suspect by an investigative authority may be reduced.

The preceding paragraph also applies with respect to a crime which cannot be prosecuted without a criminal complaint, and to a person who surrendered themselves to a person who has a right to make the criminal complaint.

The punishment of a person who commences a crime without completing it may be reduced; provided, however, that voluntary abandonment of commission of the crime, leads to the punishment being reduced or the offender being exculpated.

An attempt is punishable only when specifically so provided in the Article concerned.

Two or more crimes for which no judgment has yet become final and binding are to constitute crimes for consolidated punishment. When a judgment imposing imprisonment without work or a greater punishment for a crime has become final and binding, only that crime and other crimes committed before such judgment became final and binding constitute crimes for consolidated punishment.

When a death penalty is rendered for one of the crimes for consolidated punishments, no other punishments except confiscation may be imposed.

When a punishment of imprisonment with work or imprisonment without work for life is to be rendered for one of the crimes for consolidated punishment, no other punishment except a fine, petty fine and confiscation may be imposed.

When the crimes for consolidated punishment include two or more crimes to be punished by imprisonment with work or imprisonment without work for a definite term, the maximum term of the punishment to be imposed for such crimes is the term obtained by adding one half to the maximum term prescribed for the crime of the severest punishment; provided, however, that it may not exceed the total of the maximum terms of the punishments prescribed for each of the crimes.

A fine and other punishments are imposed cumulatively, except in the case prescribed in paragraph (1) of Article 46.

The maximum amount of a fine to be imposed for a crime for consolidated punishment is not to exceed the total of the maximum amount of the fine prescribed for each crime.

With respect to the crimes for consolidated punishment, even when confiscation is not imposed for the crime of the severest punishment, confiscation may be imposed for the other crimes if there are grounds to do so.

Two or more confiscations are imposed cumulatively.

When the punishment for one of the crimes for consolidated punishment has become final and binding, a punishment is rendered to the other crimes.

When two or more punishments have been rendered in regard to the crimes for consolidated punishment, the punishments are executed cumulatively; provided, however, that when the death penalty is to be executed, no other punishment except confiscation is executed, and when imprisonment with work or imprisonment without work for life is to be executed, no other punishment except a fine, petty fine and confiscation is executed.

When punishments of imprisonment with work or imprisonment without work for a definite term are executed in the case referred to in the preceding paragraph, the term to be executed may not exceed the term obtained by adding one half to the maximum term prescribed for the crime of the severest punishment.

When a person who has been sentenced for crimes for consolidated punishment is granted general amnesty for any of such crimes, the punishment to be executed for the other crimes is redetermined.

Penal detention or a petty fine is imposed cumulatively with other punishments; provided, however, that the same does not apply in the cases prescribed for in Article 46.

Two or more penal detentions or petty fines are imposed cumulatively.

When a single act constitutes two or more separate crimes, or when an act as the means or results of a crime constitutes another crime, the most severe punishment prescribed for such crimes is imposed.

The provision of paragraph (2) of Article 49 applies in the case prescribed for in the preceding paragraph.

Deleted.

If a person sentenced to imprisonment with work commits another crime within five years from the day on which the execution of that sentence was completed or remitted, and the person is to be sentenced to imprisonment with work for a definite term, this crime constitutes a recidivist offense.

The preceding paragraph also applies if a person sentenced to the death penalty for a crime of the same nature as a crime punishable by imprisonment with work commits another crime within five years from the day on which the execution of that sentence was remitted, or from the day on which the execution of the sentence, having been reduced to imprisonment with work by commutation, was completed or remitted, and the person is to be sentenced to imprisonment with work for a definite term.

If a person has been sentenced for crimes for consolidated punishment in which one of the crimes was punishable by imprisonment with work, but was not sentenced to imprisonment with work because the crime that was punishable by imprisonment with work was not the severest, the person is deemed to have been sentenced to imprisonment with work as regards the application of provisions related to a recidivist offense.

The punishment for a recidivist offense is to be twice the maximum term of imprisonment with work prescribed for the crime in question or less.

Deleted.

A person to be sentenced for a third or further offense is dealt with as with the recidivist offense.

Two or more persons who commit a crime in joint action are all principals.

A person who induces another person to commit a crime is dealt with in sentencing as the principal offender.

The same applies to a person who was involved in inducing the inducer.

A person who aids the principal offender is an accessory.

A person who induced an accessory is dealt with in sentencing as an accessory.

The punishment of an accessory is to be reduced from the punishment for the principal.

A person who induces or aids a crime subject only to penal detention or a petty fine is not punished for a crime except as otherwise specially provided.

When a person collaborates in a criminal act in which the status of the criminal establishes the criminal's punishability, the person is an accomplice even without such status.

When the severity of a punishment varies depending upon whether or not a criminal has a certain status, a normal punishment is imposed on a person without such status.

Punishment may be reduced in light of the extenuating circumstances of a crime.

Even if the punishment is aggravated or reduced in accordance with a statute, it may be reduced in light of circumstances.

When there are one or more statutory grounds for reduction of punishment, the following rules apply:

when the death penalty is to be reduced, it is reduced to imprisonment with work or imprisonment without work either for life or for a definite term of 10 years or more;

when imprisonment with work or imprisonment without work for life is to be reduced, it is reduced to imprisonment with work or imprisonment without work for a definite term of 7 years or more;

when imprisonment with work or imprisonment without work for a definite term is to be reduced, its maximum and minimum term of punishment is reduced by one half;

when a fine is to be reduced, its maximum and minimum amount is reduced by one half;

when a penal detention is to be reduced, the maximum term is reduced by one half;

when a petty fine is to be reduced, the maximum amount is reduced by one half.

When a statutory reduction of punishment is to be made in a case where two or more types of punishments are prescribed in the applicable provision, it is made after the types of punishments to be imposed have been determined.

When a fraction of less than one day remains as a result of reduction of imprisonment with work, imprisonment without work or penal detention, such fraction is rounded down.

The rules prescribed in Article 68 and the preceding Article also apply when a reduction is to be made in light of extenuating circumstances.

When a punishment is to be aggravated or reduced in the same case, the following order applies:

an aggravation for a recidivist offense;

a statutory reduction;

an aggravation for consolidated punishment;

a reduction in light of extenuating circumstances.

A person who participates in a riot for the purpose of overthrowing the government, usurping the territorial sovereignty of the State, or otherwise subverting constitutional order, thereby committing the crime of insurrection is sentenced according to the following distinctions:

the ringleader is punished by the death penalty or imprisonment without work for life;

the person who participates in a plot or directs a mob is punished by imprisonment without work either for life or for a definite term of 3 years or more; a person who performs any other duties is punished by imprisonment without work for 1 year or more and 10 years or less;

the person who merely follows others or otherwise merely joins in the riot is punished by imprisonment without work for 3 years or less.

Any attempt to commit the crimes prescribed under the preceding paragraph is punished; provided, however, that the same does not apply to a person provided for in item (iii) of the same paragraph.

A person who prepares for or plots an insurrection is punished by imprisonment without work for 1 year or more and 10 years or less.

A person who aids the commission of any of the crimes prescribed under the preceding two Articles by the supply of arms, funds or food, or by any other act, is punished by imprisonment without work for 7 years or less.

A person who, after committing any of the crimes prescribed under the preceding two Articles, self-denounces themselves before participating in the riot, is exculpated.

A person who conspires with a foreign state and thereby causes the state to exercise armed force against Japan is punished by the death penalty.

When a foreign state takes military action against Japan, a person who sides with the foreign state by providing military service to such state, or otherwise gives military advantage to such state, is sentenced to the death penalty or imprisonment with work either for life or for a definite term of 2 years or more.

Any attempt to commit the crimes prescribed under Articles 81 and 82 is punished.

A person who prepares for or plots any of the crimes prescribed under Articles 81 and 82 is punished by imprisonment with work for 1 year or more and 10 years or less.

Deleted.

A person who damages, removes or defiles the national flag or other national emblem of a foreign state for the purpose of insulting the foreign state is punished by imprisonment with work for 2 years or less or a fine of 200,000 yen or less.

The crime prescribed under the preceding paragraph is not to be prosecuted without the request of the government of such state.

A person who prepares or plots to wage war privately upon a foreign state is punished by imprisonment without work for 3 months or more and 5 years or less; provided, however, that the person who self-denounces is exculpated.

A person who violates an order of neutrality in a war between foreign states is punished by imprisonment without work for 3 years or less or a fine of 500,000 yen or less.

A person who assaults or uses intimidation against a public employee in the performance of public duty is punished by imprisonment with work or imprisonment without work for 3 years or less or a fine of 500,000 yen or less.

The same applies to a person who assaults or uses intimidation against a public employee in order to cause the employee to make a certain disposition or not as an employee or to cause the employee to resign.

A person who damages a seal or a mark of attachment which has been affixed by a public employee or by any other means impairs the seal or an order or disposition regarding the mark of attachment is punished by imprisonment with work for 3 years or less or a fine of 2,500,000 yen or less, or both.

A person who engages in any of the following acts for the purpose of obstructing compulsory execution is punished by imprisonment with work for 3 years or less or a fine of 2,500,000 yen or less, or both; the same applies to a person who became aware of the circumstances, and became the other party to the transfer or the creation of rights prescribed in item (iii):

concealing, damaging, or faking a transfer of the property for which compulsory execution has been carried out or is to be carried out, or falsifying the burden of debts;

altering the existing status of the property for which compulsory execution has been carried out or is to be carried out, thereby reducing its value, or increasing the expenses for compulsory execution;

making a transfer of, or creating rights on, the property for which execution of a monetary claim is to be carried out, under disadvantageous conditions such as without compensation.

A person who, by the use of fraudulent means or force, enters the real estate and obstructs confirmation by the possessor and other acts of compulsory execution is punished by imprisonment with work for 3 years or less or a fine of 2,500,000 yen or less, or both.

The same applies to a person who commits an assault or intimidation against a person eligible to file a petition for compulsory execution or an agent thereof, for the purpose of having the eligible person refrain from filing the petition or having that person withdraw the petition.

A person who, by the use of fraudulent means or force, commits an act which impairs the fairness of a sale which has been made or is to be made through compulsory execution, is punished by imprisonment with work for 3 years or less or a fine of 2,500,000 yen or less, or both.

A person who, for the purpose of obtaining or having another person obtain reward, commits any of the crimes prescribed in Article 96 through the preceding Article in connection with debts of another person is punished by imprisonment with work for 5 years or less or a fine of 5,000,000 yen or less, or both.

A person who, by the use of fraudulent means or force, commits an act which impairs the fairness of a public auction or bid held for concluding a contract, is punished by imprisonment with work for 3 years or less or a fine of 2,500,000 yen or less, or both.

The same applies to a person who colludes for the purpose of preventing a fair determination of price or acquiring a wrongful gain.

When a person detained or confined in accordance with laws and regulations escapes, imprisonment with work for 3 years or less is imposed.

When a person who is provided for in the preceding Article escapes either by damaging the facilities or instruments of restraint for confinement, by committing an act of assault or intimidation, or in conspiracy with two or more persons, imprisonment with work for 3 months or more and 5 years or less is imposed.

A person who removes a detained or confined person in accordance with the laws and regulations from authorities is punished by imprisonment with work for 3 months or more and 5 years or less.

A person who provides the confined person with tools or instruments or performs any act which would facilitate the confined person's escape for the purpose of facilitating an escape of a person detained or confined in accordance with laws and regulations is punished by imprisonment with work for 3 years or less.

A person who assaults or uses intimidation for the purposes prescribed in the preceding paragraph is punished by imprisonment with work for 3 months or more and 5 years or less.

When a person, guarding or escorting another detained or confined person in accordance with laws and regulations aids the detainee's escape, imprisonment with work for 1 year or more and 10 years or less is imposed.

An attempt to commit the crimes prescribed under this Chapter is punished.

A person who harbors or enables the escape of another person who has either committed a crime punishable with a fine or a severer punishment or has escaped from confinement, is punished by imprisonment with work for 3 years or less or a fine of 300,000 yen or less.

A person who spoils, damages, counterfeits or alters evidence relating to a criminal case of another person, or who uses counterfeit or altered evidence, is punished by imprisonment with work for 3 years or less or a fine of 300,000 yen or less.

When a crime prescribed under the preceding two Articles is committed for the benefit of the criminal or fugitive by a relative of such person, the relative may be exempted.

A person in relation to their own criminal case or the criminal case of another person, forcibly demands without just cause a meeting with, or uses intimidation against any person who is considered to have knowledge necessary for the investigation or trial of the criminal case, or a relative of that person, is punished by imprisonment with work for 2 years or less or a fine of 300,000 yen or less.

A person who assembles in a crowd and assaults or uses intimidation thereby committing the crime of disturbance is sentenced according to the following distinctions:

the ringleader is punished by imprisonment with work or imprisonment without work for 1 year or more and 10 years or less;

the person who directs others or initiates in stirring up others is punished by imprisonment with work or imprisonment without work for 6 months or more and 7 years or less;

a person who merely follows others is punished by a fine of not more than 100,000 yen.

When a crowd assembles for the purpose of assaulting or using intimidation and refuses to disperse after being ordered three times or more to disperse by a public employee with authority, the ringleader is punished by imprisonment with work or imprisonment without work for 3 years or less and the others by a fine of 100,000 yen or less.

A person who sets fire to and burns a building, train, tram, vessel or mine which is being used as a dwelling or for which a person is actually present is punished by the death penalty or imprisonment with work for life or for a definite term of 5 years or more.

A person who sets fire to and burns a building, vessel, or mine not being used as dwelling or in which persons are not actually present is punished by imprisonment with work for a definite term of 2 years or more.

When the object prescribed in the preceding paragraph is the person's own, imprisonment with work for 6 months or more and 7 years or less is imposed; provided, however, that if the act does not endanger the public, such act is not punishable.

A person who sets fire to and burns any object not provided for in the preceding two Articles and thereby endangers the public is punished by imprisonment with work for 1 year or more and 10 years or less.

When the object prescribed for in the preceding paragraph is the person's own, imprisonment with work for 1 year or less or a fine of 100,000 yen or less is imposed.

As a result of commission of the crime prescribed under paragraph (2) of Article 109 or paragraph (2) of the preceding Article, if a fire spreads to and burns any object provided in Article 108 or paragraph (1) of Article 109, imprisonment with work for 3 months or more and 10 years or less is imposed.

As a result of commission of the crime prescribed under paragraph (2) of the preceding Article, if a fire spreads to and burns any object prescribed in paragraph (1) of that Article, imprisonment with work for 3 years or less is imposed.

Any attempt to commit the crimes prescribed under Article 108 and paragraph (1) of Article 109 is punished.

A person who prepares for the commission of a crime prescribed under Article 108 or paragraph (1) of Article 109 is punished by imprisonment with work for 2 years or less; provided, however, that the person may be exempted from punishment in light of circumstances.

In the event of a fire, a person who obstructs fire-fighting by concealing or damaging a fire-fighting equipment or by any other means, is punished by imprisonment with work for 1 year or more and 10 years or less.

Even when the object prescribed in paragraph (1) of Article 109 or paragraph (1) of Article 110 belongs to an offender, the offender is dealt with as an offender who has burned another person's object when the object is subject to attachment, encumbrance, lease, the establishment of a spouse's right of residence or insurance.

A person who causes a fire through negligence and thereby burns the object provided for in Article 108 or the object provided for in Article 109 which belongs to another person is punished by a fine of not more than 500,000 yen.

The same applies to a person who causes a fire through negligence and thereby burns any of the person's own objects provided for in Article 109 or any object provided for in Article 110 and thereby endangers the public.

A person who damages the object prescribed in Article 108 or the object prescribed in Article 109 which belongs to another person by detonating gunpowder, a steam-boiler or other explosive objects is dealt with in the same manner as in the case of committing arson. The same also applies to a person who damages the object prescribed in Article 109 which belongs to the person or the object prescribed in Article 110 and thereby endangers the public.

When an act provided for in the preceding paragraph is caused through negligence, it is dealt with in the same manner as in the case of fire caused through negligence.

When an act prescribed in Article 116 or in paragraph (1) of the preceding Article is committed as a result of a failure to exercise necessary care in the pursuit of social activities or due to gross negligence, imprisonment without work for 3 years or less or a fine of 1,500,000 yen or less is imposed.

A person who causes gas, electricity, or steam to leak or flow out or to be cut off and thereby endangers the life, body or property of another person is punished by imprisonment with work for 3 years or less or a fine of 100,000 yen or less.

A person who causes gas, electricity or steam to leak or flow out or to be cut off and thereby causes the death or injury of another person is sentenced to the punishment prescribed for the crimes of injury or the preceding paragraph whichever is greater.

A person who causes a flood to damage a building, train, tram, or a mine that is being used as a dwelling or in which a person is actually present is punished by the death penalty or imprisonment with work for life or for a definite term of 3 years or more.

A person who causes a flood to damage any object not provided in the preceding Article and thereby endangers the public is punished by imprisonment with work for 1 year or more and 10 years or less.

When the object damaged by a flood belongs to the offender, the provision of the preceding paragraph applies only when the object is subject to attachment, encumbrance, lease, the establishment of a spouse's right of residence or insurance.

In the event of a flood, a person who obstructs flood prevention by concealing or damaging flood prevention equipment or by any other means, is punished by imprisonment with work for one year or more and 10 years or less.

A person who causes a flood due to negligence either to damage an object provided for in Article 119 or to damage an object provided for in Article 120 and thereby endangers the public, is punished by a fine of not more than 200,000 yen.

A person who causes an embankment to collapse, destroys a water gate or commits any other acts to obstruct water management or to cause a flood is punished by imprisonment with work or imprisonment without work for 2 years or less or a fine of 200,000 yen or less.

A person who obstructs the flow of traffic by damaging, or blocking a road, waterway or bridge is punished by imprisonment with work for 2 years or less or a fine of 200,000 yen or less.

A person who commits a crime prescribed under the preceding paragraph, and thereby causes the death or injury to another person is dealt with by the punishment prescribed for the crimes of injury or the preceding paragraph whichever is greater.

A person who creates a traffic hazard for a train or tram by damaging a railway track or railway sign, or by any other means, is punished by imprisonment with work for a definite term of two years or more.

The same applies to a person who creates a traffic hazard for a vessel by damaging a lighthouse or a buoy, or by any other means.

A person who overturns or destroys a train or a tram in which a person is actually present is punished by imprisonment with work for life or for a definite term of 3 years or more.

The same applies to a person who capsizes, sinks or destroys a vessel in which a person is actually present.

A person who committed a crime prescribed under the preceding two paragraphs, causing the death of another person is punished by the death penalty or imprisonment with work for life.

A person who commits a crime prescribed under Article 125 and thereby overturns or destroys a train or a tram or capsizes, sinks or destroys a vessel is dealt with in the same manner as prescribed for in the preceding Article.

Any attempt to commit the crimes prescribed under paragraph (1) of Articles 124, Article 125 and paragraphs (1) and (2) of Article 126 is punished.

A person who, due to negligence, creates a traffic hazard for the passage of a train, tram or vessel, or overturns or destroys a train or tram, or capsizes, sinks or destroys a vessel is punished by a fine of not more than 300,000 yen.

When a person commits the crime prescribed under the preceding paragraph through professional conduct, imprisonment without work for 3 years or less or a fine of 500,000 yen or less is imposed.

A person who, without just cause, breaks into a residence of another person or into the premises, building or vessel guarded by another person, or who refuses to leave such a place upon demand is punished by imprisonment with work for 3 years or less or a fine of 100,000 yen or less.

Deleted.

Any attempt to commit the crimes prescribed under Article 130 is punished.

A person who opens a sealed letter without just cause is punished by imprisonment with work for 1 year or less or a fine of 200,000 yen or less.

When a physician, pharmacist, pharmaceuticals distributor, midwife, attorney, defense counsel, notary public or any other person formerly engaged in such profession, without just cause, discloses another person's confidential information which has come to be known in the course of such profession, imprisonment with work for 6 months or less or a fine of 100,000 yen or less is imposed.

The same applies when a person who is or was engaged in a religious occupation, without just cause, discloses another person's confidential information which has come to be known in the course of such religious activities.

The crimes prescribed under this Chapter is prosecuted only upon complaint.

A person who imports, manufactures or sells opium for smoking or possesses it for the purpose of sale is punished by imprisonment with work for 6 months or more and 7 years or less.

A person who imports, manufactures or sells an implement for smoking opium, or possesses it for the purpose of sale is punished by imprisonment with work for 3 months or more and 5 years or less.

When a customs official imports or permits the import of opium for smoking or an implement for smoking opium, imprisonment with work for 1 year or more and 10 years or less is imposed.

A person who smokes opium is punished by imprisonment with work for 3 years or less.

A person who for the purpose of making profit provides a building or room for smoking opium is punished by imprisonment with work for 6 months or more and 7 years or less.

A person who possesses opium for smoking or an implement for smoking opium is punished by imprisonment with work for 1 year or less.

Any attempt to commit the crimes prescribed under this Chapter are punished.

A person who pollutes water which is intended for human consumption, rendering the water undrinkable is punished by imprisonment with work for 6 months or less or a fine of 100,000 yen or less.

A person who pollutes the water intended for drinking supplied to the public by a water supply system, or who pollutes the source thereof, rendering the water undrinkable, is punished by imprisonment with work for 6 months or more and 7 years or less.

A person who pollutes drinking water with poisonous materials or any other substance harming human health is punished by imprisonment with work for 3 years or less.

A person who commits a crime prescribed under the preceding three Articles and thereby causes the death or injury of another person is dealt with by the punishment prescribed for the crimes of injury or the preceding paragraph whichever is greater.

A person who pollutes water which is supplied to the public for drinking purposes or a water supply system with poisonous materials or any other substance harming human health, is punished by imprisonment with work for a definite term of 2 years or more. If it thereby causes the death of another person, the offender is punished by the death penalty or imprisonment with work for life or for a definite term of 5 years or more.

A person who damages or obstructs a water supply system is punished by imprisonment with work for 1 year or more and 10 years or less.

A person who counterfeits or alters a current coin, bank note or bill for the purpose of uttering is punished by imprisonment with work for life or for a definite term of 3 years or more.

The same applies to a person who utters, or delivers or imports for the purpose of uttering, a counterfeited or altered coin, bank note or bill.

A person who counterfeits or alters a foreign coin, bank note or bill which is used in transaction in Japan for the purpose of uttering is punished by imprisonment with work for a definite term of 2 years or more.

The same applies to a person who utters, or delivers or imports for the purpose of uttering, a counterfeit or altered foreign coin, bank note or bill.

A person, who acquires a counterfeit or altered coin, bank note or bill for the purpose of uttering, is punished by imprisonment with work for 3 years or less.

Any attempt to commit the crimes prescribed under the preceding three Articles is punished.

After acquiring a coin, bank note or bill, a person who utters or passes it to another person for the purpose of uttering thereof, with the knowledge that it is counterfeit or altered, is punished by a fine or petty fine of not more than three times the face value thereof; provided, however, that the petty fine is not less than 2,000 yen.

A person who prepares implements or materials for the purpose of counterfeiting or altering a coin, bank note or bill is punished by imprisonment with work for 3 months or more and 5 years or less.

For the purpose of uttering, a person who counterfeits an Imperial Rescript or other official imperial document with the Imperial Seal, State Seal or Imperial Signature, or counterfeits an Imperial Rescript or other official imperial document with a counterfeit Imperial Seal, State Seal or Imperial Signature, is punished by imprisonment with work for life or for a definite term of three years or more.

The same applies to a person who alters an Imperial Rescript or other official imperial document bearing the Imperial Seal, the State Seal or the Imperial Signature.

For the purpose of uttering, a person who counterfeits using the seal or signature of a public office or a public employee, a document or drawing to be prepared by a public office or a public employee, or counterfeits, using a counterfeited seal or signature of such public office or public employee, a document or drawing to be prepared by a public office or a public employee, is punished by imprisonment with work for 1 year or more and 10 years or less.

The same applies to a person who alters a document or drawing bearing the seal or signature of a public office or a public employee.

Beyond what are provided for in the preceding two paragraphs, a person who counterfeits a document or drawing to be made by a public office or a public employee or who alters a document or drawing which has been prepared by a public office or a public employee is punished by imprisonment with work for 3 years or less or a fine of 200,000 yen or less.

In connection with their official duty, if a public employee makes a false official document or drawing, or alters an official document or drawing, for the purpose of uttering, the employee is dealt with in the same manner as prescribed in the preceding two Articles, depending on whether or not the document bears a seal or signature.

A person, who makes a false statement before a public employee and thereby causes the employee to make a false entry in the registry, family register book or the original of notarized deeds relating to other rights or duties, or creates a false record on the electronic or magnetic record to be used as the original of a notarized deed relating to rights or duties, is punished by imprisonment with work for 5 years or less or a fine of 500,000 yen or less.

A person, who makes a false statement before a public employee and thereby causes the employee to make a false entry in a license, permit or passport, is punished by imprisonment with work for 1 year or less or a fine of 200,000 yen or less.

Any attempt to commit the crimes prescribed under the preceding two paragraphs is punished.

A person, who utters a document or drawing prescribed for in Articles 154 through the preceding Article or provides the electronic or magnetic record prescribed in paragraph (1) of the preceding Article for use as the original of a notarized deed, is punished by the same penalty as a person who counterfeits or alters a document or drawing, makes a false document or drawing, or causes a false entry or record to be made.

Any attempt to commit the crimes prescribed under the preceding paragraph is punished.

A person who, for the purpose of uttering, counterfeits, with the use of a seal or signature of another person, a document or drawing relating to rights, duties or certification of facts or counterfeits a document or drawing relating to rights, duties or certification of facts with the use of a counterfeit seal or signature of another person, is punished by imprisonment with work for 3 months or more and 5 years or less.

The same applies to a person who alters a document or drawing bearing the seal or signature of another person and relating to rights, duties or certification of facts.

Beyond what are provided for in the preceding two paragraphs, a person who counterfeits or alters a document or drawing relating to rights, duties or certification of facts is punished by imprisonment with work for 1 year or less or a fine of 100,000 yen or less.

When a physician makes a false entry in a medical certificate, an autopsy report or a death certificate to be submitted to a public office, imprisonment without work for 3 years or less or a fine of 300,000 yen or less is imposed.

A person who utters a document or drawing prescribed in the preceding two Articles is punished by the same penalty as a person who counterfeits or alters a document or drawing or makes a false entry.

Any attempt to commit the crimes prescribed under the preceding paragraph is punished.

With the intent to bring about error in the processing of matters of another person, a person who unlawfully creates an electronic or magnetic record without due authorization which is for use in such improper processing and is related to rights, duties or certification of facts, is punished by imprisonment with work for 5 years or less or a fine of 500,000 yen or less.

When the crime prescribed under the preceding paragraph is committed in relation to an electronic or magnetic record to be created by a public office or a public employee, the offender is punished by imprisonment with work for 10 years or less or a fine of 1,000,000 yen or less.

A person who, with the intent prescribed in paragraph (1), puts an electronic or magnetic record created without due authorization and related to rights, duties or certification of facts into use for the processing of matters of another person is punished by the same penalty as the person who created such an electronic or magnetic record.

Any attempt to commit the crimes prescribed under the preceding paragraph is punished.

For the purpose of uttering, a person who counterfeits or alters a public bond, securities of a government agency, share certificate of a corporation or other securities is punished by imprisonment with work for 3 months or more and 10 years or less.

The same applies to a person who, for the purpose of uttering, makes a false entry in a security.

A person who utters a counterfeit or altered security or security in which a false entry has been made, or who, for the purpose of uttering, delivers to another person or imports such security, is punished by imprisonment with work for 3 months or more and 10 years or less.

Any attempt to commit the crimes prescribed under the preceding paragraph is punished.

For the purpose of bringing about an error in the processing of the financial affairs of another person, a person who creates without due authorization an electronic or magnetic record which is intended for the use in such processing error encoded in a credit card or other cards for the payment of charges for goods or services, is punished by imprisonment with work for 10 years or less or a fine of 1,000,000 yen or less. The same applies to a person who creates without due authorization an electronic or magnetic record which is encoded in a card for withdrawal of money.

For the purpose prescribed in the preceding paragraph, a person who puts an unlawfully created electronic or magnetic record prescribed in the same paragraph into use for processing of the financial affairs of another person, is dealt with in the same way prescribed in the same paragraph.

A person who, for the purpose prescribed in paragraph (1), transfers, lends or imports a card encoded with an unlawful electronic or magnetic record prescribed in the same paragraph, is dealt with in the same way prescribed in the same paragraph.

A person who, for the purpose prescribed in paragraph (1) of the preceding Article, possesses the card prescribed in paragraph (3) of the same Article, is punished by imprisonment with work for 5 years or less or a fine of 500,000 yen or less.

For the purpose of use in the commission of a criminal act prescribed in paragraph (1) of Article 163-2, a person who obtains information for the electronic or magnetic record prescribed in the same paragraph, is punished by imprisonment with work for 3 years or less or a fine of 500,000 yen or less. The same applies to a person who, knowing the purpose of the obtainer, provides the information.

For the purpose prescribed for in the preceding paragraph, a person who stores the illegally obtained information of an electronic or magnetic record prescribed in paragraph (1) of Article 163-2, is dealt with in the same way prescribed in the preceding paragraph.

For the purpose prescribed for in paragraph (1), a person who prepares instruments or materials, is dealt with in the same way prescribed in the same paragraph.

Any attempt to commit the crimes prescribed under Article 163-2 and paragraph (1) of the preceding Article is punished.

For the purpose of uttering, a person who counterfeits the Imperial Seal, State Seal or Imperial Signature, is punished by imprisonment with work for a definite term of 2 years or more.

The same applies to a person who without due authorization, uses the Imperial Seal, State Seal or Imperial Signature, or who uses a counterfeit Imperial Seal, State Seal or Imperial Signature.

For the purpose of uttering, a person who counterfeits the seal or signature of a public office or public employee is punished by imprisonment with work for 3 months or more and 5 years or less.

The same applies to a person who, without due authorization uses the seal or signature of a public office or public employee, or who uses a counterfeit seal or signature of a public office or public employee.

For the purpose of uttering, a person who counterfeits the mark of a public office is punished by imprisonment with work for 3 years or less.

The same applies to a person who uses without due authorization the mark of a public office or who uses a counterfeit mark of a public office.

For the purpose of uttering, a person who counterfeits the seal or signature of another person is punished by imprisonment with work for 3 years or less.

The same applies to a person who without due authorization, uses the seal or signature of another person or who uses a counterfeit seal or signature of another person.

Any attempt to commit the crimes prescribed under paragraph (2) of Article 164, paragraph (2) of Article 165, paragraph (2) of Article 166 and paragraph (2) of the preceding Article is punished.

A person who, without legitimate grounds, creates or provides any of the following records including electronic or magnetic records for the purpose of using them for executing commands on another person's computer is punished by imprisonment with work for 3 years or less or a fine of 500,000 yen or less:

electronic or magnetic records that give unauthorized commands to prevent a computer from performing functions in line with the user's intention or have it perform functions against the user's intention;

beyond what is set forth in the preceding item, records including electronic or magnetic records in which unauthorized commands referred to in the same item are described.

The same applies to a person who, without legitimate grounds, uses electronic or magnetic records set forth in item (i) of the preceding paragraph for the execution of commands on another person's computer.

Any attempt to commit the crime referred to in the preceding paragraph is punished.

A person who, without legitimate grounds, acquires or stores records including electronic or magnetic records set forth in the items of paragraph (1) of the preceding Article for the purpose referred to in the same paragraph is punished by imprisonment with work for 2 years or less or a fine of 300,000 yen or less.

When a witness who has sworn in accordance with law gives false testimony, imprisonment with work for 3 months or more and 10 years or less is imposed.

When a person who has committed the crime prescribed under the preceding Article confesses before a judgment becomes final and binding or before a disciplinary action is taken in the case in which the person testified, such confession may lead to the punishment being reduced or may exempt the offender from the punishment.

An expert witness or interpreter who has sworn in accordance with laws and gives a false expert opinion or makes a false interpretation or translation is to be dealt with in the same manner as prescribed for in the preceding two Articles.

A person who submits a false accusation, charge or other statements for the purpose of having a criminal punishment or disciplinary action imposed upon another person is punished by imprisonment with work for 3 months or more and 10 years or less.

When a person who has committed the crime prescribed under the preceding Article confesses before a judgment becomes final and binding or before a disciplinary action is taken, such confession may lead to the punishment being reduced or may exempt the offender from the punishment.

A person who commits an indecent act in public is punished by imprisonment with work for 6 months or less, a fine of 300,000 yen or less, penal detention or a petty fine.

A person who distributes or displays in public obscene objects such as documents, drawings or recording media contained in electronic or magnetic records is punished by imprisonment with work for 2 years or less, a fine of 2,500,000 yen or less or a petty fine, or both imprisonment with work and a fine. The same applies to a person who distributes obscene records including electronic or magnetic records through the transmission of telecommunications.

The same applies to a person who possesses the objects referred to in the preceding paragraph or stores electronic or magnetic records referred to in the same paragraph for the purpose of distributing them for a fee.

A person who forcibly commits an indecent act through assault or intimidation upon another person of thirteen years of age or more is punished by imprisonment with work for 6 months or more and 10 years or less. The same applies to a person who commits an indecent act upon another person under thirteen years of age.

A person who, through assault or intimidation forcibly engages in vaginal intercourse, anal intercourse or oral intercourse (hereinafter referred to as "sexual intercourse, etc.") with another person of thirteen years of age or more is guilty of the crime of forcible sexual intercourse, and is punished by imprisonment with work for a definite term of 5 years or more. The same applies to a person who engages in sexual intercourse, etc. against another person under thirteen years of age.

A person who engages in an indecent act upon another person by taking advantage of their unconscious state or inability to resist, or by causing the person to lose consciousness or have the inability to resist, is punished in the same manner as prescribed for in Article 176.

A person who engages in sexual intercourse, etc. with another person by taking advantage of their insanity or inability to resist, or by causing the person to lose consciousness or have the inability to resist, is punished in the same manner as prescribed in the preceding Article.

A person who commits an indecent act upon another person under eighteen years of age by taking advantage of the influence arising from the fact of having custody of that person is punished in the same manner as prescribed in Article 176.

A person who engages in sexual intercourse, etc. with another person under eighteen years of age by taking advantage of the influence arising from the fact of having custody of that person is punished in the same manner as prescribed in Article 177.

Any attempt to commit the crimes prescribed in Articles 176 through the preceding Article is punished.

A person who commits a crime prescribed under Article 176, paragraph (1) of Article 178, paragraph (1) of Article 179, or any attempt to commit the crimes mentioned above, and thereby causes the death or injury of another person is punished by imprisonment with work for life or for a definite term of 3 years or more.

A person who commits a crime prescribed under Article 177, paragraph (2) of Article 178, paragraph (2) of Article 179, or any attempt to commit the crimes mentioned above, and thereby causes the death or injury of another person is punished by imprisonment with work for life or for a definite term of 6 years or more.

A person who, for the purpose of profit, induces a female who does not do so habitually to engage in sexual intercourse, is punished by imprisonment with work for 3 years or less or a fine of 300,000 yen or less.

When a person who has a spouse enters into another marriage, imprisonment with work for 2 years or less is imposed. The same applies to the other party who enters into such marriage.

A person who gambles is punished by a fine of not more than 500,000 yen or a petty fine; provided, however, that the same does not apply to a person who gambles occasionally provided for recreational amusement.

A person who habitually gambles is punished by imprisonment with work for 3 years or less.

A person who, for the purpose of profit, runs a place for gambling or organizes a group of habitual gamblers is punished by imprisonment with work for 3 months or more and 5 years or less.

A person who sells a lottery ticket is punished by imprisonment with work for 2 years or less or a fine of 1,500,000 yen or less.

A person who acts as an intermediary in the sale of a lottery ticket is punished by imprisonment with work for 1 year or less or a fine of 1,000,000 yen or less.