Article 27-7Effect of an Elapsed Period of a Suspended Execution of Part of a Sentence
第二十七条の七(刑の一部の執行猶予の猶予期間経過の効果)
When a period of suspended execution of the sentence in part elapses without rescission, the imprisonment is mitigated to the imprisonment with the term of imprisonment equal to the portion of the term for which the suspension of execution was not granted. In this case, the subject person is deemed to have served the punishment and completed the execution 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.
刑の一部の執行猶予の言渡しを取り消されることなくその猶予の期間を経過したときは、その拘禁刑を執行が猶予されなかった部分の期間を刑期とする拘禁刑に減軽する。この場合においては、当該部分の期間の執行を終わった日又はその執行を受けることがなくなった日において、刑の執行を受け終わったものとする。
Notwithstanding the provision of the preceding paragraph, if a prosecution has been instituted for a crime committed again after the suspended execution of the sentence in part is granted and before the period of suspended execution elapses (limited to a crime punishable by a fine or a greater punishment), the mitigation under the first sentence of the preceding paragraph is not to be made during the period from the day on which that period elapses until the grant of suspended execution of the sentence in part under the second sentence of this paragraph can no longer be revoked pursuant to the provisions of paragraph (4) or (5) (hereinafter referred to as the "period of continued effect" in this paragraph and the following paragraph). In this case, with regard to the sentence referred to in that paragraph, suspended execution of the sentence for the suspended portion is deemed to have been granted during that period of continued effect.
Notwithstanding the provisions of the first sentence of the preceding paragraph, with regard to the application of the following provisions during the period of continued effect, the sentence referred to in that paragraph is deemed to have been mitigated under the first sentence of paragraph (1) and to have been completely served on the day prescribed in the second sentence of that paragraph:
the provisions of paragraph (1) of Article 25 (limited to the part concerning item (ii)), paragraph (1) (limited to the part concerning item (iii)) and paragraph (3) of Article 27-2, Article 27-4, Article 27-5, Article 34-2 and paragraph (1) of Article 56;
the provisions of laws and regulations concerning a person's qualifications.
人の資格に関する法令の規定
In the case referred to in the first sentence of paragraph (2), if the person is sentenced to imprisonment or a greater punishment for that crime, the grant of suspended execution of the sentence in part under the second sentence of that paragraph must be revoked; provided, however, that this does not apply if that crime has been punished as a crime for consolidated punishment together with a crime committed after the period of suspension referred to in the first sentence of that paragraph elapsed, and it is found inappropriate in consideration of the circumstances of the crime and other circumstances.
In the case referred to in the first sentence of paragraph (2), if the person is sentenced to a fine for that crime, the grant of suspended execution of the sentence in part under the second sentence of that paragraph may be revoked.
When a suspension of execution of the sentence in part is revoked pursuant to the provisions of the preceding two paragraphs, the concurrent suspension of execution of another sentence to imprisonment is also revoked.
前二項の規定により刑の一部の執行猶予の言渡しを取り消したときは、執行猶予中の他の拘禁刑についても、その猶予の言渡しを取り消さなければならない。