Supplementary Provisions, Article 6Transitional Measures Concerning Restrictions on Departure from Japan
第六条（出国制限に関する経過措置）
The provisions of Articles 342-2 through 342-8, Article 403-3, Article 479-2, Article 483-2 and Article 485-2 of the New Code of Criminal Procedure apply to a person who receives the pronouncement of a judgment imposing a sentence of imprisonment or a heavier sentence on or after the day on which the provisions set forth in Article 1, item (vi) of the Supplementary Provisions come into effect (hereinafter referred to as the "item (vi) Effective Date"), and the provisions of Articles 345-2 through 345-4, Article 403-4, Article 469, paragraph (2), Article 492-2 and Articles 494-2 through 494-14 of the New Code of Criminal Procedure apply to a person who is notified of a judicial decision imposing a fine on or after the item (vi) Effective Date, respectively.
新刑事訴訟法第三百四十二条の二から第三百四十二条の八まで、第四百三条の三、第四百七十九条の二、第四百八十三条の二及び第四百八十五条の二の規定は附則第一条第六号に掲げる規定の施行の日（以下「第六号施行日」という。）以後に拘禁刑以上の刑に処する判決の宣告を受けた者について、新刑事訴訟法第三百四十五条の二から第三百四十五条の四まで、第四百三条の四、第四百六十九条第二項、第四百九十二条の二及び第四百九十四条の二から第四百九十四条の十四までの規定は第六号施行日以後に罰金の裁判の告知を受けた者について、それぞれ適用する。
If the item (vi) Effective Date is before the Effective Date of the 2022 Act Amending the Penal Code and Other Laws, with regard to the application of the provisions of the preceding paragraph during the period from the item (vi) Effective Date until the day preceding the Effective Date of the 2022 Act Amending the Penal Code and Other Laws, the term "imprisonment" in that paragraph is deemed to be replaced with "imprisonment without work".
第六号施行日が刑法等一部改正法施行日前である場合には、第六号施行日から刑法等一部改正法施行日の前日までの間における前項の規定の適用については、同項中「拘禁刑」とあるのは、「禁錮」とする。
With regard to the application of the provisions of paragraph (1) on or after the Effective Date of the 2022 Act Amending the Penal Code and Other Laws, a judgment imposing a sentence of imprisonment with work or imprisonment without work is deemed to be a judgment imposing a sentence of imprisonment, respectively.
刑法等一部改正法施行日以後における第一項の規定の適用については、懲役又は禁錮に処する判決は、それぞれ拘禁刑に処する判決とみなす。
Effective Date of the 2022 Act Amending the Penal Code and Other Lawsmachine translation
「刑法等一部改正法施行日」
The day the 2022 Act amending the Penal Code and other laws (刑法等の一部を改正する法律, Act No. 67 of 2022) comes into effect.
Short name set inSupplementary Provisions, Article 1, paragraph (1), item (vii)
New Code of Criminal Proceduremachine translation
「新刑事訴訟法」
This Act as amended by Article 1 of Act No. 28 of 2023.
Short name set inSupplementary Provisions, Article 2, paragraph (1)
item (vi) Effective Datemachine translation
「第六号施行日」
The date the provisions listed in Article 1, item (vi) of the supplementary provisions (附則) of the Act Partially Amending the Code of Criminal Procedure, etc. (Act No. 28 of 2023) come into effect, a date set by Cabinet Order (政令) within two years of that Act's promulgation (公布, its official publication).
Short name set inSupplementary Provisions, Article 6, paragraph (1)
fine
罰金
A criminal punishment of paying money to the state, of 10,000 yen or more, or less where it is reduced (Penal Code, Article 15). It ranks below imprisonment (拘禁刑) and above penal detention (拘留) and a petty fine (科料) (Articles 9 and 10, paragraph (1)). A person who cannot pay it in full is held in a workhouse (労役場) for one day to two years, or up to three years where fines are imposed together, a period set when the sentence is passed (Article 18, paragraphs (1), (3) and (4)); not within thirty days of the sentence becoming final without the person's consent (paragraph (5)). If it is not enforced for three years after the sentence becomes final, the person is released from it by prescription (Articles 31 and 32, item (v)); the three years do not run while its execution is suspended under law or the person is abroad, and an act of execution interrupts them (Articles 33 and 34, paragraph (2)).
Written by AI using Penal Code, Arts. 9, 10, 15, 18, 31 to 34 as a reference.
imprisonment
拘禁刑
The punishment of being held in a penal institution (刑事施設), for life or for a fixed term of one month to twenty years (Penal Code, Article 12, paragraphs (1) and (2)); a fixed term can be raised to thirty years where the punishment is aggravated, or cut below one month where it is reduced (Article 14, paragraph (2)). To help the person reform and rehabilitate, they may be made to do work or given guidance (Article 12, paragraph (3)). It ranks below the death penalty and above a fine (罰金) among the principal punishments (Articles 9 and 10, paragraph (1)). It replaced imprisonment with work (懲役) and imprisonment without work (禁錮) when the Act Partially Amending the Penal Code, etc. (Act No. 67 of 2022) came into force (Act No. 67 of 2022, Article 2), and a person sentenced to either is treated, for the rules on a person's qualifications, as sentenced to imprisonment for the same term (Act No. 68 of 2022, Article 443, paragraph (1)).
Written by AI using Penal Code, Arts. 9, 10, 12, 14, Act No. 67 of 2022, Art. 2 and Act No. 68 of 2022, Art. 443 as a reference.
imprisonment with work
懲役
A punishment the Penal Code had until Act No. 67 of 2022 came into force: being held in a penal institution (刑事施設) and made to do prescribed work, for life or for a fixed term of one month to twenty years (Penal Code, former Article 12). That Act replaced it and imprisonment without work (禁錮) with imprisonment (拘禁刑) (Act No. 67 of 2022, Article 2). An act committed before then is, as a rule, still punished as the law then stood (Act No. 68 of 2022, Article 441, paragraph (1)), and a person sentenced to it is treated, for the rules on a person's qualifications, as sentenced to imprisonment for the same term (Article 443, paragraph (1)).
Written by AI using Penal Code, former Art. 12, Act No. 67 of 2022, Art. 2 and Act No. 68 of 2022, Arts. 441, 443 as a reference.
imprisonment without work
禁錮
A punishment the Penal Code had until Act No. 67 of 2022 came into force: being held in a penal institution (刑事施設), for life or for a fixed term of one month to twenty years, without the prescribed work that imprisonment with work (懲役) carried (Penal Code, former Articles 12 and 13). That Act replaced both with imprisonment (拘禁刑) (Act No. 67 of 2022, Article 2). An act committed before then is, as a rule, still punished as the law then stood (Act No. 68 of 2022, Article 441, paragraph (1)), and a person sentenced to it is treated, for the rules on a person's qualifications, as sentenced to imprisonment for the same term (Article 443, paragraph (1)).
Written by AI using Penal Code, former Arts. 12, 13, Act No. 67 of 2022, Art. 2 and Act No. 68 of 2022, Arts. 441, 443 as a reference.