Supplementary Provisions, Article 19Transitional Measures Concerning Imprisonment
第十九条（拘禁刑に関する経過措置）
With regard to the application of the provisions of the proviso to Article 50, paragraph (1), the proviso to Article 61-2-5, paragraph (1), and Article 61-2-9, paragraph (4), item (ii) of the Immigration Control Act as Amended by Article 2 during the period until the day before the effective date of the Act Partially Amending the Penal Code, etc. (Act No. 67 of 2022) (hereinafter referred to as the "Effective Date of the 2022 Penal Code Amendments" in this Article), the term "imprisonment" in those provisions is deemed to be replaced with "imprisonment with work or imprisonment without work".
刑法等の一部を改正する法律（令和四年法律第六十七号）の施行の日（以下この条において「刑法施行日」という。）の前日までの間における第二条改正後入管法第五十条第一項ただし書、第六十一条の二の五第一項ただし書及び第六十一条の二の九第四項第二号の規定の適用については、これらの規定中「拘禁刑」とあるのは、「懲役若しくは禁錮」とする。
With regard to the application of the provisions of the proviso to Article 50, paragraph (1), the proviso to Article 61-2-5, paragraph (1), and Article 61-2-9, paragraph (4), item (ii) of the Immigration Control Act as Amended by Article 2 on or after the Effective Date of the 2022 Penal Code Amendments to a person sentenced to imprisonment with work prescribed in Article 12 of the Penal Code (Act No. 45 of 1907; hereinafter referred to as the "Former Penal Code" in this paragraph) prior to amendment by the provisions of Article 2 of the Act Partially Amending the Penal Code, etc. (hereinafter referred to as "imprisonment with work") or imprisonment without work prescribed in Article 13 of the Former Penal Code (hereinafter referred to as "imprisonment without work"), a person sentenced to life imprisonment with work or life imprisonment without work is deemed to be a person sentenced to life imprisonment, and a person sentenced to imprisonment with work for a fixed term or imprisonment without work for a fixed term is deemed to be a person sentenced to imprisonment for a fixed term of the same length, respectively.
刑法施行日以後における刑法等の一部を改正する法律第二条の規定による改正前の刑法（明治四十年法律第四十五号。以下この項において「旧刑法」という。）第十二条に規定する懲役（以下「懲役」という。）又は旧刑法第十三条に規定する禁錮（以下「禁錮」という。）に処せられた者に係る第二条改正後入管法第五十条第一項ただし書、第六十一条の二の五第一項ただし書及び第六十一条の二の九第四項第二号の規定の適用については、無期の懲役又は禁錮に処せられた者はそれぞれ無期拘禁刑に処せられた者と、有期の懲役又は禁錮に処せられた者はそれぞれ刑期を同じくする有期拘禁刑に処せられた者とみなす。
With regard to the application of the provisions of Article 71-6 of the Immigration Control Act as Amended by Article 2 during the period until the day before the Effective Date of the 2022 Penal Code Amendments, the term "imprisonment" in the same Article is deemed to be replaced with "imprisonment with work". The same applies to the application of the provisions of the same Article on or after the Effective Date of the 2022 Penal Code Amendments to acts committed before the Effective Date of the 2022 Penal Code Amendments.
Immigration Control Act as Amended by Article 2machine translation
「第二条改正後入管法」
This Act as amended by Article 2 of the 2023 amending law (Act No. 56 of 2023).
Short name set inSupplementary Provisions, Article 1-2, paragraph (1)
Effective Date of the 2022 Penal Code Amendmentsmachine translation
「刑法施行日」
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 19, paragraph (1)· applies only in this article
imprisonment with workmachine translation
「懲役」
Imprisonment with work under Article 12 of the Penal Code as it stood before the 2022 Act amending it (Act No. 67 of 2022); a person so sentenced is treated here as sentenced to imprisonment (拘禁刑, こうきんけい) for life or for the same term.
Short name set inSupplementary Provisions, Article 19, paragraph (2)
Former Penal Codemachine translation
「旧刑法」
The Penal Code as it stood before Article 2 of 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) amended it.
Short name set inSupplementary Provisions, Article 19, paragraph (2)· applies only in this paragraph
imprisonment without workmachine translation
「禁錮」
Imprisonment without work under Article 13 of the Penal Code as it stood before the 2022 Act amending it (Act No. 67 of 2022), which Article has since been deleted; a person so sentenced is treated here as sentenced to imprisonment (拘禁刑, こうきんけい) for life or for the same term.
Short name set inSupplementary Provisions, Article 19, paragraph (2)
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.