Penal Code(Act No. 45 of April 24, 1907)
Part I GENERAL PROVISIONS
Chapter I Scope of Application(Crimes Committed within Japan)
Article 1 (1) This Code applies to anyone who commits a crime within the
territory of Japan.
(2) The same applies to anyone who commits a crime on board a Japanese vessel
or aircraft outside the territory of Japan.
(Crimes Committed outside Japan)
Article 2 This Code applies to anyone who commits one of the following crimes
outside the territory of Japan:(i) deleted;(ii) the crimes prescribed under Articles 77 through 79 (Insurrection;
Preparations; Plots; Accessoryship to Insurrection);(iii) the crimes prescribed under Articles 81 (Instigation of Foreign Aggression),82 (Assistance to the Enemy), 87 (Attempts) and 88 (Preparation; Plots);(iv) the crime prescribed under Article 148 (Counterfeiting of Currency and
Uttering Counterfeit Currency) as well as an attempt thereof;(v) 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 1612 (Unauthorized Creation of Electronic or Magnetic Records);(vi) the crimes prescribed under Articles 162 (Counterfeiting of Securities) and
163 (Uttering Counterfeit Securities);(vii) 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);(viii) the crimes prescribed under Articles 164 through 166 (Counterfeiting or
Unauthorized Use of the Imperial Seal; Counterfeiting or Unauthorized Useof Official Seals; Counterfeiting or Unauthorized Use of Official Marks) as
well as any attempts to commit the crimes prescribed under paragraph (2) of1

Article 164, paragraph (2) of Article 165, and paragraph (2) of Article 166.
(Crimes Committed by Japanese Nationals outside Japan)
Article 3 This Code applies to any Japanese national who commits one of thefollowing crimes outside the territory of Japan:(i) the crimes prescribed under Article 108 (Arson of Inhabited Buildings) andparagraph (1) of Article 109 (Arson of Uninhabited Buildings), and othercrimes 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;(ii) the crime prescribed under Article 119 (Damage to Inhabited Buildings by
Flood);(iii) the crimes prescribed under Articles 159 through 161 (Counterfeiting of
Private Documents; Falsifying of Medical Certificates; Utterance ofCounterfeit 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;(iv) the crimes prescribed under Article 167 (Counterfeiting or Unauthorized
Use of Private Seals) and any attempt to commit the crimes prescribed underparagraph (2) of that Article;(v) the crimes prescribed under Articles 176 through 181 (Indecency throughCompulsion; Forcible Sexual Intercourse; Constructive Indecency throughCompulsion 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 throughCompulsion Causing Death or Injury) and 184 (Bigamy);(vi) the crime prescribed under Article 198 (Active Bribery);(vii) the crime prescribed under Article 199 (Homicide) and attempt thereof;(viii) the crimes prescribed under Articles 204 (Injury) and 205 (Injury Causing
Death);(ix) the crimes prescribed under Articles 214 through 216 (Abortion throughProfessional Conduct; Causing Death or Injury thereof; Abortion without
Consent; Abortion without Consent Causing Death or Injury);(x) 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 crimeprescribed under Article 218;(xi) the crimes prescribed under Articles 220 (Unlawful Capture; Unlawful
Confinement) and 221 (Unlawful Capture or Unlawful Confinement Causing
Death or Injury);(xii) the crimes prescribed under Articles 224 through 228 (Kidnapping of2

Minors; Kidnapping for Profit; Kidnapping for Ransom; Kidnapping forTransportation out of a Country; Human Trafficking; Transporting
Kidnapped Persons out of a Country; Delivery of Kidnapped Persons;Attempts);(xiii) the crime prescribed under Article 230 (Defamation);(xiv) 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);(xv) the crimes prescribed under Articles 246 through 250 (Fraud; Computer
Fraud; Breach of Duty of Loyalty; Constructive Fraud; Extortion; Attempts);(xvi) the crime prescribed under Article 253 (Embezzlement in the Pursuit ofSocial Activities);(xvii) the crimes prescribed under paragraph (2) of Article 256 (Acceptance ofStolen Property).
(Crimes Committed by Non-Japanese Nationals outside Japan)
Article 3-2 This Code applies to any non-Japanese national who commits one of
the following crimes against a Japanese national outside the territory ofJapan:(i) the crimes prescribed under Articles 176 through 181 (Indecency throughCompulsion; Forcible Sexual Intercourse; Constructive Indecency throughCompulsion and Constructive Forcible Sexual Intercourse; Indecency by a
Person Having Custody of a Person under 18; Sexual Intercourse by Person
Having Custody of Person under 18; Attempts; Indecency throughCompulsion Causing Death or Injury);(ii) the crime prescribed under Articles 199 (Homicide) and attempt thereof;(iii) the crimes prescribed under Articles 204 (Injury) and 205 (Injury Causing
Death);(iv) the crimes prescribed under Articles 220 (Unlawful Capture andConfinement) and 221 (Unlawful Capture or Confinement Causing Death or
Injury);(v) the crimes prescribed under Articles 224 through 228 (Kidnapping of
Minors; Kidnapping for Profit; Kidnapping for Ransom; Kidnapping forTransportation out of a Country; Human Trafficking; Transporting
Kidnapped Persons out of a Country; Delivery of Kidnapped Persons;Attempts);(vi) 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 Sexual3Intercourse; Causing Death Thereby), as well as attempts of these crimes(excluding the crime prescribed in paragraph (1) of Article 241).
(Crimes Committed by Public Employees outside Japan)
Article 4 This Code applies to any public employees of Japan who commits one of
the following crimes outside the territory of Japan:(i) the crime prescribed under Article 101 (Assistance in Escape by a Guard) as
well as an attempt thereof;(ii) the crime prescribed under Article 156 (Making of False Official
Documents);(iii) 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 Resignationof Office; Acceptance for Exertion of Influence), and the crime prescribedunder Article 196 (Abuse of Authority Causing Death or Injury bySpecialized Public Employees) related to the crime prescribed in paragraph(2) of Article 195.
(Crimes Committed outside Japan Governed by a Treaty)
Article 4-2 Beyond what is provided for in the provisions of Article 2 through thepreceding Article, this Code also applies to anyone who commits those crimes
outside the territory of Japan prescribed under Part II which are governed by atreaty even if committed outside the territory of Japan.
(Effect of Foreign Judgments)
Article 5 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, thatwhen the person has already served either the entire or part of the punishment
abroad, the execution of the punishment is mitigated or remitted.
(Change in Punishments)
Article 6 When a punishment is changed by law after the commission of a crime,
the lesser punishment is applied.
(Definitions)
Article 7 (1) The term "public employee" as used in this Code means a nationalor local government official, a member of an assembly or committee, or other
employees engaged in the performance of public duties in accordance with laws
4

and regulations.
(2) The term "public office" as used in this Code means an office where public
employees perform their duties.
Article 7-2 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.
(Application of General Provisions)
Article 8 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.
Chapter II Punishments(Categories of Punishments)
Article 9 The principal punishments are categorized as the death penalty,
imprisonment, imprisonment without work, fine, penal detention and petty
fine, with confiscation as a supplementary punishment.
(Severity of Punishments)
Article 10 (1) The order of severity of the principal punishments are as according
to the order in which they are provided for in the preceding Article; provided,
however, that imprisonment without work for life is severer thanimprisonment for a definite term, and imprisonment without work for adefinite term is severer than imprisonment for a definite term when the
maximum term prescribed for the former exceeds the term by twice as much asthat prescribed for the latter.
(2) Between punishments of the same type, the punishment prescribed with ahigher maximum term or amount is severer; and when the maximum terms or
amounts are equal, the punishment prescribed with the higher minimum termor amount is severer.
(3) Between death penalties or punishments of the same type which have equal
maximum and minimum terms or amounts, the order of severity is determinedin light of the circumstances of the crimes.
(Death Penalty)
Article 11 (1) The death penalty is executed by hanging at a penal institution.
(2) A person who has been sentenced to the death penalty is detained in a jailuntil their execution.
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(Imprisonment)
Article 12 (1) Imprisonment is either for life or with a definite term, and thedefinite term of imprisonment is not less than one month but not more than 20
years.
(2) Imprisonment consists of confinement in a penal institution with assigned
work.
(Imprisonment without Work)
Article 13 (1) Imprisonment without work is either for life or for a definite term,
and a definite term of imprisonment without work is not less than one month
but not more than 20 years.
(2) Imprisonment without work consists of confinement in a penal institution.
(Limit of Aggravation and Mitigation)
Article 14 (1) If the death penalty, or imprisonment or imprisonment withoutwork for life is reduced to imprisonment or imprisonment without work for adefinite term, its maximum term is 30 years.
(2) If imprisonment or imprisonment without work for a definite term isaggravated, the term may be extended to 30 years, and if it is reduced, theterm may be reduced to less than one month.
(Fine)
Article 15 A fine is not less than 10,000 yen; provided, however, that if it isreduced, the amount may be reduced to less than 10,000 yen.
(Penal Detention)
Article 16 Penal detention consists of confinement in a penal institution for notless than 1 day but less than 30 days.
(Petty Fine)
Article 17 A petty fine is not less than 1,000 yen but less than 10,000 yen.
(Detention in a Workhouse in lieu of Payment of Fines)
Article 18 (1) A person who defaults in payment of a fine in full is detained in aworkhouse for a term of not less than one day but not more than two years.
(2) A person who defaults in payment of a petty fine in full is detained in aworkhouse for a term of not less than one day but not more than 30 days.
(3) When fines are imposed cumulatively or when a fine and a petty fine areimposed cumulatively, the term of detention may not exceed three years. When
petty fines are imposed cumulatively, the term of detention may not exceed 60
6days.
(4) When rendering a sentence of a fine or petty fine the court is tosimultaneously determine and render a term of detention in the case of a
default in the full payment thereof.
(5) Without the consent of the sentenced person, confinement for defau lt 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.
(6) 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 theunpaid payments by the amount corresponding to the ratio of one day ofdetention (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 fineor petty fine imposed.
(Confiscation)
Article 19 (1) The following objects may be confiscated:(i) an object which is used as a key component of a criminal act;(ii) an object used or intended for use in the commission of a criminal act;(iii) an object produced or acquired by means of a criminal act or an object
acquired as reward for a criminal act;(iv) an object received in exchange for the object set forth in the preceding item.
(2) 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.
(Collection of Equivalent Value)
Article 19-2 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.
(Restrictions on Confiscation)
Article 20 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.
(Inclusion of Term of Pre-Sentencing Detention into Sentence)
Article 21 The days spent in pre-sentencing detention may be included in whole7

or in part into the sentence imposed.
Chapter III Calculation of the Period of Time
(Calculation of the Period of Time)
Article 22 When a term is expressed in months or years, it is to be calculated inaccordance with the calendar.
(Calculation of the Term of Imprisonment)
Article 23 (1) The term of imprisonment is calculated from the day on whichsuch sentence becomes final and binding.
(2) 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.
(First Day and Last Day of Imprisonment)
Article 24 (1) The first day of imprisonment is calculated as one whole day
regardless of the number of hours actually imprisoned. The same applies to thefirst day of the period of prescription.
(2) Final release from imprisonment takes place on the day after completion of
the term of imprisonment.
Chapter IV Suspended Execution of Sentence(Suspended Execution of the Entire Sentence)
Article 25 (1) When any one of the following persons has been sentenced to
imprisonment or imprisonment without work for not more than 3 years or afine of not more than 500,000 yen, the execution of the entire sentence may besuspended in light of circumstances for a period of not less than 1 year but not
more than 5 years from the day on which the sentence becomes final andbinding.
(i) a person not previously sentenced to imprisonment without work or agreater punishment;(ii) a person who, although previously sentenced to imprisonment without workor greater punishment, has not subsequently been sentenced to
imprisonment without work or greater punishment within 5 years from theday on which execution of the former punishment was completed or remitted.
(2) When a person, who has been sentenced to imprisonment without work or aheavier punishment and has been granted suspension of execution of the entire
sentence, is sentenced subsequently to imprisonment or imprisonment withoutwork for not more than 1 year and there are circumstances especially favorable
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to the person, the person may be granted suspension of execution of thesentence as with the persons prescribed in the preceding paragraph; provided,
however, that the same does not apply to a person who has been placed underprobation pursuant to the provision of paragraph (1) of the following Article
and commits a crime again within the term of such probation.
(Probation During Suspended Execution of the Entire Sentence)
Article 25-2 (1) In cases prescribed in paragraph (1) of the preceding Article, thesubject 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.
(2) Probation placed pursuant to the provisions of the preceding paragraph may
be provisionally cancelled by a disposition of a government agency.
(3) When probation is provisionally cancelled pursuant to the provisions of thepreceding paragraph, the person, for the purpose of the provisions of theproviso 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 i s
revoked.
(Mandatory Revocation of Suspended Execution of the Entire Sentence)
Article 26 Suspended execution of the entire sentence must be revoked in thefollowing cases; provided, however, that item (iii) does not apply when thesubject person is a person set forth in item (ii) of paragraph (1) of Article 25 orfalls under item (iii) of the following Article:(i) when a further crime is committed within the term of suspension andimprisonment without work or a greater punishment is imposed for the cri me,
and the subject person is not granted suspension of execution of suchsentence in whole;(ii) when the person who was granted suspension is sentenced to imprisonment
without work or a greater punishment for a crime committed before suchgrant, and is not granted suspension of execution of such sentence in whole.
(iii) 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.
(Discretionary Revocation of Suspended Execution of the Sentence in Whole)
Article 26-2 Suspended execution of the entire sentence may be revoked in thefollowing cases:(i) when a further crime is committed within the term of suspension and a fine9

is imposed for the crime;(ii) when a person placed under probation in accordance with the provisions ofparagraph (1) of Article 25-2 fails to observe any of the conditions of theprobation and the circumstances related to such failure are serious;(iii) when it is discovered that, before a person was granted suspension for acrime, the person had been sentenced to imprisonment without work or agreater punishment for another crime and granted suspension of executio n ofsuch sentence in whole.
(Revocation of Concurrent Suspended Execution of the Sentence in Case of a
Revocation of Suspended Execution of the Entire Sentence)
Article 26-3 When a suspended execution of the sentence to imprisonment
without work or a greater punishment in whole is revoked pursuant to theprovisions of the preceding two Articles, the concurrent suspended execution ofanother sentence to imprisonment without work or a greater punishment mustalso be revoked.
(Effect of Elapsing of Period of Suspended Execution of the Entire Sentence)
Article 27 When the entire period of suspended execution of the sentence inwhole progresses without rescission, the sentence ceases to be effective.
(Suspended Execution of Part of a Sentence)
Article 27-2 (1) When any one of the following persons has been sentenced to
imprisonment or imprisonment without work for not more than 3 years, theexecution of the sentence in part may be suspended for a period of not less than
1 year but not more than 5 years if it is found that such suspension isnecessary 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:(i) a person not previously sentenced to imprisonment without work or agreater punishment;(ii) a person who, although previously sentenced to imprisonment without work
or a greater punishment, has been granted suspension of execution of theentire sentence;(iii) a person who, although previously sentenced to imprisonment withoutwork or a greater punishment, has not subsequently been sentenced to
imprisonment without work or a greater punishment within 5 years from theday on which execution of the former punishment was completed or remitted.
(2) With regard to a punishment for which the suspension of execution in partwas granted pursuant to the provisions of the preceding paragraph, the periodof such suspension is calculated from the day on which the execution of the10

portion of the term for which the suspension of execution was not granted iscompleted, or the day on which the subject person becomes no longer subject tothe execution of such sentence.
(3) Notwithstanding the provision of the preceding paragraph, i f the person has
another sentence to imprisonment 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 theexecution of the imprisonment or imprisonment without work to be executed iscompleted or the day on which the person becomes no longer subject to the
execution of such sentence.
(Probation During the Partial Suspended Execution of the Sentence)
Article 27-3 (1) In cases prescribed in paragraph (1) of the preceding Article, thesubject person may be placed under probation during the period of suspended
execution of the sentence.
(2) The probation placed pursuant to the provision of the preceding paragraphmay be provisionally cancelled by a disposition of a government agency.
(3) When the probation is provisionally cancelled pursuant to the provision of thepreceding 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.
(Mandatory Revocation of Suspended Execution of Part of the Sentence)
Article 27-4 Suspended execution of part of the sentence is revoked in thefollowing cases; provided, however, that item (iii) does not apply when thesubject person is a person set forth in item (iii) of paragraph (1) of Article 27-2:(i) when a further crime is committed after the suspended execution of thesentence is granted and imprisonment without work or a greater punishment
is imposed for the crime;(ii) when the person who was granted a suspended sentenced to imprisonment
without work or a greater punishment for a crime committed before suchgrant;(iii) when it is discovered that, before a person was granted suspension for acrime, the person had been sentenced to imprisonment without wo rk or agreater punishment for another crime and no suspension of execution was
granted for the entire sentence.
(Discretionary Revocation of Suspended Execution of Part of a Sentence)
Article 27-5 Suspended execution of part of the sentence may be revok ed in the11following cases:(i) when a further crime is committed after the suspended execution is granted
and a fine is imposed for the crime;(ii) when a person placed under probation pursuant to the provision ofparagraph (1) of Article 27-3 fails to observe any of the conditions of theprobation.
(Revocation of Concurrent Suspended Executions of Sentences in Case of
Revocation of Suspended Execution of Part of a Sentence)
Article 27-6 When a suspension of execution of the sentence in part is revokedpursuant to the provisions of the preceding two Articles, the concurrent
suspension of execution of another sentence to imprisonment without work or agreater punishment is also revoked.
(Effect of an Elapsed Period of a Suspended Execution of Part of a Sen tence)
Article 27-7 When a period of suspended execution of the sentence in partelapses without rescission, the imprisonment or imprisonment without work is
mitigated to the imprisonment or imprisonment without work 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 ofsuch portion of the term is completed or the person becomes no longer subject
to the execution of such sentence.
Chapter V Parole(Parole)Article 28 When a person sentenced to imprisonment or imprisonment withoutwork evinces signs of substantial reformation, the person may be paroled by adisposition of a government agency after that person has served one-third of
the definite term sentenced or 10 years in the case of a life imprisonment.
(Revocation of Parole)
Article 29 (1) Parole may be revoked in the following cases:(i) when a further crime is committed within the period of parole and a fine orgreater punishment is imposed for the crime;(ii) when a fine or greater punishment is imposed for a crime committed before
the parole;(iii) when a fine or greater punishment is imposed for another cr ime before theparole is implemented;(iv) when the person fails to observe any of the conditions of the parole.
12(2) When a person is granted a suspended execution of the sentence in part andreceives a disposition of parole for the crime, and such suspended execution isrevoked during such parole, such disposition ceases to be effective.
(3) 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.
(Provisional Release)
Article 30 (1) A person under penal detention may be provisionally released by adisposition of a government agency at any time when circumstances so warrant.
(2) The same applies to a person under detention owing to payment default of afine or petty fine.
Chapter VI Prescription and Extinction of Punishment(Prescription of Sentence)
Article 31 Prescription is to have the effect of remitting the sentence (excluding
the death penalty) of a person who has been sentenced to punishment.
(Period of Prescription)
Article 32 Prescription takes effect when a punishment has not been executed
within any of the following terms after a sentence has become final andbinding:(i) thirty years for life imprisonment or imprisonment without work;(ii) twenty years for imprisonment or imprisonment without work for a definite
term of 10 years or more;(iii) ten years for imprisonment or imprisonment without work for a definite
term of 3 years or more but less than 10 years;(iv) five years for imprisonment or imprisonment without work for a definite
term of less than 3 years;(v) three years for a fine;(vi) one year for a penal detention, a petty fine and confiscation.
(Suspension of Prescription)
Article 33 Prescription is not to run while execution of the sentence is suspended
or stayed in accordance with laws and regulations.
(Renewal of Prescription)
Article 34 (1) The period of prescription of imprisonment, imprisonment withoutwork or penal detention is interrupted when the sentenced person is in custodyfor the purpose of execution of the punishment.
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(2) The period of prescription of a fine, petty fine or confiscation is interrupted
when an act of execution takes place.
(Extinction of Punishment)
Article 34-2 (1) When ten years have passed since a person completed theimprisonment without work or a greater punishment or the person had suchpunishment remitted without another sentence of a fine or a greaterpunishment being imposed, the sentence ceases to have effect. The same
applies when five years have passed since a person completed a sentence equal
to or less than a punishment or had the execution of such punishment remitted
without another sentence to a fine or a greater punishment being imposed.
(2) 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 t ohave effect.
Chapter VII Actions not Constituting Crimes and Reduction or Remissionof Punishment(Justifiable Acts)
Article 35 An act performed in accordance with laws and regulations or in the
pursuit of lawful business is not punishable.
(Self-Defense)
Article 36 (1) An act a person was compelled to take to protect the rights ofoneself or any other person against imminent and unlawful infringement is notpunishable.
(2) 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.
(Necessity)
Article 37 (1) An act a person was compelled to take to avert a present danger tothe life, body, liberty or property of oneself or any other person is notpunishable 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 leadto the punishment being reduced or may exculpate the offender in light of thecircumstances.
(2) The preceding paragraph does not apply to a person under special
professional obligation.
(Intent)
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Article 38 (1) An act performed without the intent to commit a crime is notpunishable; provided, however, that the same does not apply unless otherwise
specially provided for by law.
(2) When a person who commits a crime was not aware of the fact that the crime
constituted a greater crime, the person is not be punished for the greater crime.
(3) A person lacking knowledge of law does not mean a lack of intention tocommit a crime; provided, however, the punishment may be reduced in light ofthe circumstances.
(Insanity and Diminished Capacity)
Article 39 (1) Actions due to insanity is not subject to punishment.
(2) An act of diminished capacity leads to the punishment being reduced.
Article 40 Deleted.
(Punishable Age)
Article 41 An act of a person less than 14 years of age is not punishable.
(Self-Denunciation)
Article 42 (1) 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.
(2) The preceding paragraph also applies with respect to a crime which cannot be
prosecuted without a criminal complaint, and to a person who surrenderedthemselves to a person who has a right to make the criminal complaint.
Chapter VIII Attempts(Reduction or Exculpation of Punishments for Attempts)
Article 43 The punishment of a person who commences a crime withoutcompleting it may be reduced; provided, however, that voluntary abandonmentof commission of the crime, leads to the punishment being reduced or theoffender being exculpated.
(Attempts)
Article 44 An attempt is punishable only when specifically so provided in the
Article concerned.
Chapter IX Consolidated Punishments(Consolidated Punishments)
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Article 45 Two or more crimes which have been committed but for which no
judgment has yet become final and binding are to constitute crimes forconsolidated punishments. When a judgment imposing imprisonment withoutwork or a greater punishment becomes final and binding for a crime, only thatcrime and other crimes committed before such judgment became final andbinding constitute crimes for a consolidated punishment.
(Restriction on Cumulative Imposition of Punishments)
Article 46 (1) When a death penalty is rendered for one of the crimes forconsolidated punishments, no other punishments except confiscation may be
imposed.
(2) When a punishment of life imprisonment or imprisonment without work is tobe rendered for one of the crimes for consolidated punishment, no otherpunishment except a fine, petty fine and confiscation may be imposed.
(Aggravation of Punishment)
Article 47 When the crimes for consolidated punishment include two or morecrimes punishable by imprisonment or imprisonment without work for adefinite term, the maximum term of the punishment to be imposed for suchcrimes is the term obtained by adding half of the maximum term prescribed forthe crime of the severest punishment, but not exceeding the total of the
maximum terms of the punishments prescribed for each of the crimes.
(Cumulative Imposition of Fines)
Article 48 (1) A fine and other punishments are imposed cumulatively, except in
the case prescribed in paragraph (1) of Article 46.
(2) 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 fineprescribed for each crime.
(Addition of Confiscation)
Article 49 (1) 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.
(2) Two or more confiscations are imposed cumulatively.
(Managing Uncharged Offences)
Article 50 When the punishment for one of the crimes for consolidated
punishment has become final and binding, a punishment is rendered to theother crimes.

16

(Execution of Two or More Punishments Pertaining to Consolidated
Punishments)
Article 51 (1) 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
or imprisonment without work for life is to be executed, no other punishment
except a fine, petty fine and confiscation is executed.
(2) When two or more punishments of imprisonment or imprisonment withoutwork for a definite term are executed in accordance with the preceding
paragraph, the maximum term to be executed may not exceed the term
obtained by adding half of the maximum term prescribed for the crime of thegreatest punishment.
(General Amnesty for One of the Crimes for Consolidated Punishments)
Article 52 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.
(Cumulative Imposition of Penal Detention or Petty Fines)
Article 53 (1) Penal detention or a petty fine is imposed cumulatively with otherpunishments; provided, however, that the same does not apply in the cases
prescribed for in Article 46.
(2) Two or more penal detentions or petty fines are imposed cumulatively.
(An Act Constituting for more than one Crime)
Article 54 (1) When a single act constitutes two or more separate crimes, orwhen an act as the means or results of a crime constitutes another crime, t hemost severe punishment prescribed for such crimes is imposed.
(2) The provision of paragraph (2) of Article 49 applies in the case prescribed forin the preceding paragraph.
Article 55 Deleted.
Chapter X Repeated Convictions(Recidivist Offenses)
Article 56 (1) If a person sentenced to imprisonment, reoffends within five years
from the day on which the authorities have finished executing that sentence or
the person was granted a discharge from its execution, and the person issentenced to a definite term of imprisonment, this crime constitutes a17

recidivist offense.
(2) The preceding paragraph also applies if a person sentenced to the death
penalty for a crime for which imprisonment is prescribed as an alternative
punishment commits a crime again within five years from the day on which theperson was granted a discharge from the execution of that sentence or, fromthe day on which the authorities have finished executing the reduced sentence
imposed after the death penalty was reduced to imprisonment, and the person
is to be sentenced to a definite term of imprisonment.
(3) If a person has been sentenced to consolidated punishment for crimes inwhich one of the crimes was punishable by imprisonment, but was notsentenced to imprisonment because the crime that was punishable byimprisonment was not the severest, the person is deemed to have beensentenced to imprisonment as regards to the application of provisions related
to a recidivist offense.
(Increased Weight of Recidivist Offenses)
Article 57 The maximum term of punishment for a recidivist offense is to be lessthan twice the maximum term of imprisonment prescribed for the crime inquestion.
Article 58 Deleted.
(Third or Further Repeated Offenses)
Article 59 A person to be sentenced for a third or further offense is dealt with aswith the recidivist offense.
Chapter XI Complicity(Co-Principals)
Article 60 Two or more persons who commit a crime in joint action are all
principals.
(Inducement)
Article 61 (1) A person who induces another person to commit a crime is dealt
with in sentencing as the principal offender.
(2) The same applies to a person who was involved in inducing the inducer.
(Accessoryship)
Article 62 (1) A person who aids the principal offender is an accessory.
(2) A person who induced an accessory is dealt with in sentencing as an accessory.

18

(Reduced Punishment for Accessories)
Article 63 The punishment of an accessory is to be reduced from the punishment
for the principal.
(Exception of Punishment for Inducement and Accessoryship)
Article 64 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 speciallyprovided.
(Complicity and Status)
Article 65 (1) When a person collaborates in a criminal act in which the status of
the criminal establishes the criminal's punishability, the person is anaccomplice even without such status.
(2) When the severity of a punishment varies depending upon whether or not acriminal has a certain status, a normal punishment is imposed on a person
without such status.
Chapter XII Reduction of Punishment in Light of Extenuating
Circumstances(Reduction of Punishment in Light of Extenuating Circumstances)
Article 66 Punishment may be reduced in light of the extenuating circumstancesof a crime.
(Statutory Aggravation or Reduction and Reduction in Light of Extenuating
Circumstances)
Article 67 Even if the punishment is aggravated or reduced in accordance with astatute, it may be reduced in light of circumstances.
Chapter XIII Rules for Aggravation and Reduction(Rules for Statutory Reduction)
Article 68 When there are one or more statutory grounds for reduction ofpunishment, the following rules apply:(i) when the death penalty is to be reduced, it is reduced to imprisonment or
imprisonment without work either for life or for a definite term of not lessthan 10 years;(ii) when imprisonment or imprisonment without work for life is to be reduced,
it is reduced to imprisonment or imprisonment without work for a definite
term of not less than 7 years;(iii) when imprisonment or imprisonment without work for a definite term is to19

be reduced, its maximum and minimum term of punishment is reduced by
one half;(iv) when a fine is to be reduced, its maximum and minimum amount isreduced by one half;(v) when a penal detention is to be reduced, the maximum term is reduced by
one half;(vi) when a petty fine is to be reduced, the maximum amount is reduced by one
half.
(Statutory Reduction and Choice of Several Punishments)
Article 69 When a statutory reduction of punishment is to be made in a casewhere two or more types of punishments are prescribed in the applicableprovision, it is made after the types of punishments to be imposed have been
determined.
(Rounding down Fractions)
Article 70 When a fraction of less than one day remains as a result of reductionof the imprisonment or imprisonment without work, or penal detention, such
fraction is rounded down.
(Rules for Reduction of Punishment in Light of Extenuating Circumstances)
Article 71 The rules prescribed in Article 68 and the preceding Article also apply
when a reduction is to be made in light of extenuating circumstances.
(Order of Aggravation and Reduction)
Article 72 When a punishment is to be aggravated or reduced in the same case,the following order applies:(i) an aggravation for a recidivist offense;(ii) a statutory reduction;(iii) an aggravation for consolidated punishment;(iv) a reduction in light of extenuating circumstances.
Part II CRIMES
Chapter I Deleted
Article 73, 74, 75 and 76 Deleted
Chapter II Crimes Related to Insurrection(Insurrection)
Article 77 (1) A person who participates in a riot for the purpose of overthrowing
20

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:(i) the ringleader is punished by death penalty or life imprisonment withoutwork;(ii) 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 not lessthan 3 years; a person who performs other leading functions is punished by
imprisonment without work for not less than 1 year but not more than 10
years;(iii) the person who merely follows others or otherwise merely joins in the riot
is punished by imprisonment without work for not more than 3 years.
(2) Any attempt to commit the crimes prescribed under the preceding paragraphis punished; provided, however, that the same does not apply to a person
provided for in item (iii) of the same paragraph.
(Preparations; Plots)
Article 78 A person who prepares for or plots an insurrection is punished by
imprisonment without work for not less than 1 year but not more than 10 years.
(Aiding or Abetting an Insurrection)
Article 79 A person who aids the commission of any of the crimes prescribedunder the preceding two Articles by the supply of arms, funds or food, or by
any other act, is punished by imprisonment without work for not more than 7
years.
(Self-Denunciation)
Article 80 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.
Chapter III Crimes Related to Foreign Aggression(Instigation of Foreign Aggression)
Article 81 A person who conspires with a foreign state and thereby causes thestate to exercise armed force against Japan is punished by the death penalty.
(Assistance to the Enemy)
Article 82 When a foreign state takes military action against Japan, a person
who sides with the foreign state by providing military service to such state, orotherwise gives military advantage to such state, is sentenced to the death21

penalty or imprisonment either for life or for a definite term of not less than 2
years.
Article 83, 84, 85 and 86 Deleted.
(Attempts)
Article 87 Any attempt to commit the crimes prescribed under Articles 81 and 82
is punished.
(Preparations; Plots)
Article 88 A person who prepares for or plots any of the crimes prescribed under
Articles 81 and 82 is punished by imprisonment for not less than 1 year but not
more than 10 years.
Article 89 Deleted.
Chapter IV Crimes Concerning Diplomatic Relations
Article 90 and 91 Deleted.
(Damage to a Foreign National Flag)
Article 92 (1) A person who damages, removes or defiles the national flag orother national emblem of a foreign state for the purpose of insulting the foreignstate is punished by imprisonment for not more than 2 years or a fine of not
more than 200,000 yen.
(2) The crime prescribed under the preceding paragraph is not to be prosecutedwithout the request of the government of such state.
(Preparations or Plots for Private War)
Article 93 A person who prepares or plots to wage war privately upon a foreignstate is punished by imprisonment without work for not less than 3 months but
not more than 5 years; provided, however, that the person who self-denounces
is exculpated.
(Violations of Neutrality Orders)
Article 94 A person who violates an order of neutrality in a war between foreignstates is punished by imprisonment without work for not more than 3 years ora fine of not more than 500,000 yen.
Chapter V Crimes of Obstructing the Performance of Public Duty

22

(Obstructing or Compelling Performance of Public Duty)
Article 95 (1) A person who assaults or uses intimidation against a public
employee in the performance of public duty is punished by imprisonment or
imprisonment without work for not more than 3 years or a fine of not morethan 500,000 yen.
(2) The same applies to a person who assaults or uses intimidation against apublic employee in order to cause the employee to make a certain disposition or
not as an employee or to cause the employee to resign.
(Destruction of Seals)
Article 96 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
for not more than 3 years or a fine of not more than 2,500,000 yen, or both.
(Damage of Subject Property for Obstruction of Compulsory Execution)
Article 96-2 A person who engages in any of the following acts for the purpose of
obstructing compulsory execution is punished by imprisonment for not morethan 3 years or a fine of not more than 2,500,000 yen, or both; the same applies
to a person who became aware of the circumstances, and became the otherparty to the transfer or the creation of rights prescribed in item (iii):(i) 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;(ii) 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, orincreasing the expenses for compulsory execution;(iii) making a transfer of, or creating rights on, the property for which
execution of a monetary claim is to be carried out, under disadvantageousconditions such as without compensation.
(Obstruction of Acts of Compulsory Execution)
Article 96-3 (1) A person who, by the use of fraudulent means or force, enters thereal estate and obstructs confirmation by the possessor and other acts ofcompulsory execution is punished by imprisonment for not more than 3 years
or a fine of not more than 2,500,000 yen, or both.
(2) 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.

23

(Obstruction of Sale Related to Compulsory Execution)
Article 96-4 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 madethrough compulsory execution, is punished by imprisonment for not more than
3 years or a fine of not more than 2,500,000 yen, or both.
(Aggravated Destruction of Seals)
Article 96-5 A person who, for the purpose of obtaining or having another person
obtain reward, commits any of the crimes prescribed in Article 96 through thepreceding Article in connection with debts of another person is punished by
imprisonment for not more than 5 years or a fine of not more than 5,000,000
yen, or both.
(Obstruction of Auctions Related to Public Contracts)
Article 96-6 (1) 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 for not more than 3 years or a fine of
not more than 2,500,000 yen, or both.
(2) The same applies to a person who colludes for the purpose of preventing a fair
determination of price or acquiring a wrongful gain.
Chapter VI Crimes of Escape(Escape)
Article 97 When a sentenced or unsentenced person confined on a judge's orderescapes, imprisonment for not more than 1 year is imposed.
(Aggravated Escape)
Article 98 When a person who is provided for in the preceding Article or held
under a subpoena escapes either by damaging the facilities or instruments ofrestraint for confinement, by committing an act of assault or intimidation, or inconspiracy with two or more persons, imprisonment for not less than 3 months
but not more than 5 years is imposed.
(Removal of Detainees)
Article 99 A person who removes a detained or confined person in accordancewith the laws and regulations from authorities is punished by imprisonment
for not less than 3 months but not more than 5 years.
(Assistance in Escape)
Article 100 (1) A person who provides the confined person with tools or
24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 confinedin accordance with laws and regulations is punished by imprisonment for not
more than 3 years.
(2) A person who assaults or uses intimidation for the purposes prescribed in thepreceding paragraph is punished by imprisonment for not less than 3 months
but not more than 5 years.
(Guards Assisting in Escape)
Article 101 When a person, guarding or escorting another detained or confined
person in accordance with laws and regulations aids the detainee's escape,imprisonment for not less than 1 year but not more than 10 years is imposed.
(Attempts)
Article 102 An attempt to commit the crimes prescribed under this Chapter ispunished.
Chapter VII Crimes of Harboring Criminals and Suppressing Evidence(Harboring of Criminals)
Article 103 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 for not morethan 3 years or a fine of not more than 300,000 yen.
(Suppression of Evidence)
Article 104 A person who spoils, damages, counterfeits or alters evidence
relating to a criminal case of another person, or who uses counterfeit or alteredevidence, is punished by imprisonment for not more than 3 years or a fine of
not more than 300,000 yen.
(Special Provision for Crimes by Relatives)
Article 105 When a crime prescribed under the preceding two Articles iscommitted for the benefit of the criminal or fugitive by a relative of such
person, the relative may be exempted.
(Intimidation of Witnesses)
Article 105-2 A person in relation to their own criminal case or the criminal caseof 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 that25

person, is punished by imprisonment for not more than 2 years or a fine of not
more than 300,000 yen.
Chapter VIII Crimes of Disturbance(Disturbance)
Article 106 A person who assembles in a crowd and assaults or uses intimidation
thereby committing the crime of disturbance is sentenced according to thefollowing distinctions:(i) the ringleader is punished by imprisonment or imprisonment without workfor not less than 1 year but not more than 10 years;(ii) the person who directs others or initiates in stirring up others is punishedby imprisonment with or without work for not less than 6 months but not
more than 7 years;(iii) a person who merely follows others is punished by a fine of not more than
100,000 yen.
(Failure to Disperse)
Article 107 When a crowd assembles for the purpose of assaulting or using
intimidation and refuses to disperse after being ordered three times or more todisperse by a public employee with authority, the ringleader is punished by
imprisonment or imprisonment without work for not more than 3 years and theothers by a fine of not more than 100,000 yen.
Chapter IX Crimes of Arson and Fire Caused through Negligence(Arson of Inhabited Buildings)
Article 108 A person who sets fire to and burns a building, train, tram, vessel ormine which is being used as a dwelling or for which a person is actuallypresent is punished by the death penalty or imprisonment for life or for adefinite term of not less than 5 years.
(Arson of Uninhabited Buildings)
Article 109 (1) A person who sets fire to and burns a building, vessel, or minenot being used as dwelling or in which persons are not actually present ispunished by imprisonment for a definite term of not less than 2 years.
(2) When the object prescribed in the preceding paragraph belongs to the offender,
imprisonment for not less than 6 months but not more than 7 years is imposed;
provided, however, that if there is no resulting danger to the public, such act is
not punishable.

26

(Setting Fire to Objects Other than Structures)
Article 110 (1) 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 for not less than 1 year but not more than 10 years.
(2) When the object prescribed for in the preceding paragraph belongs to theoffender, imprisonment for not more than 1 year or a fine of not more than
100,000 yen is imposed.
(Spread of Fire to Structures)
Article 111 (1) As a result of commission of the crime prescribed underparagraph (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 for not less than 3 months but not more than 10
years is imposed.
(2) As a result of commission of the crime prescribed under paragraph (2) of thepreceding Article, if a fire spreads to and burns any object prescribed inparagraph (1) of that Article, imprisonment for not more than 3 years is
imposed.
(Attempts)
Article 112 Any attempt to commit the crimes prescribed under Article 108 andparagraph (1) of Article 109 is punished.
(Preparations)
Article 113 A person with the intention of committing a crime prescribed under
Article 108 or paragraph (1) of Article 109, is punished by imprisonment for
not more than 2 years; provided, however, that the person may be exempted inlight of circumstances.
(Obstruction to Fire Fighting)
Article 114 In the event of a fire, a person who obstructs fire -fighting byconcealing or damaging a fire-fighting equipment or by any other means, ispunished by imprisonment for not less than 1 year but not more than 10 years.
(Special Provision for Offender's Own Objects related to Attachment)
Article 115 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 withas an offender who has burned another person's object when the object issubject to attachment, encumbrance, lease or insurance.
(Fire Caused through Negligence)27

Article 116 (1) 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.
(2) The same applies to a person who causes a fire through negligence andthereby 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.
(Detonating of Explosives)
Article 117 (1) A person who damages the object prescribed in Article 108 or theobject prescribed in Article 109 which belongs to another person by detonating
gunpowder, a steam-boiler or other explosive objects is dealt with in the samemanner 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 personor the object prescribed in Article 110 and thereby endangers the public.
(2) When an act provided for in the preceding paragraph is caused throughnegligence, it is dealt with in the same manner as in the case of fire caused
through negligence.
(Fire Caused due to Negligence in the Pursuit of Social Activities)
Article 117-2 When an act prescribed in Article 116 or in paragraph (1) of thepreceding 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 not more than 3 years or a fine of not more than 1,500,000
yen is imposed.
(Gas Leaks Causing Death or Injury)
Article 118 (1) 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 anotherperson is punished by imprisonment for not more than 3 years or a fine of not
more than 100,000 yen.
(2) 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 thepunishment prescribed for the crimes of injury or the preceding paragraphwhichever is greater.
Chapter X Crimes Related to Floods and Water Management(Damage to Inhabited Buildings by Flood)
Article 119 A person who causes a flood to damage a building, train, tram, or amine that is being used as a dwelling or in which a person is actually present is28

punished by the death penalty or imprisonment for life or for a definite term of
not less than 3 years.
(Damage to Other Objects by Flood)
Article 120 (1) 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 for not less than 1 year but not more than 10 years.
(2) 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 or insurance.
(Obstructing Flood Prevention Measures)
Article 121 In the event of a flood, a person who obstructs flood prevention by
concealing or damaging flood prevention equipment or by any other means, ispunished by imprisonment for not less than one year but not more than 10
years.
(Flood Damage Caused due to Negligence)
Article 122 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.
(Obstruction to Water Management)
Article 123 A person who causes an embankment to collapse, destroys a watergate or commits any other acts to obstruct water management or to cause aflood is punished by imprisonment or imprisonment without work for not morethan 2 years or a fine of not more than 200,000 yen.
Chapter XI Crimes of Obstruction of Traffic(Obstruction of Traffic Thereby Causing Death or Injury)
Article 124 (1) A person who obstructs the flow of traffic by damaging, or
blocking a road, waterway or bridge is punished by imprisonment for not morethan 2 years or a fine of not more than 200,000 yen.
(2) A person who commits a crime prescribed under the preceding paragraph, andthereby causes the death or injury to another person is dealt with by thepunishment prescribed for the crimes of injury or the preceding paragraphwhichever is greater.
(Traffic Hazards)
29

Article 125 (1) A person who creates a traffic hazard for a train or tram bydamaging a railway track or railway sign, or by any other means, is punishedby imprisonment for a definite term of not less than two years.
(2) The same applies to a person who creates a traffic hazard for a vessel bydamaging a lighthouse or a buoy, or by any other means.
(Overturning of Trains Causing Death)
Article 126 (1) A person who overturns or destroys a train or a tram in which aperson is actually present is punished by imprisonment for life or for a definite
term of not less than 3 years.
(2) The same applies to a person who capsizes, sinks or destroys a vessel in which
a person is actually present.
(3) 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 life imprisonment.
(Endangering Traffic by Overturning a Train)
Article 127 (1) A person who commits a crime prescribed under Article 125 andthereby overturns or destroys a train or a tram or capsizes, sinks or destroys avessel is dealt with in the same manner as prescribed for in the preceding
Article.
(Attempts)
Article 128 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.
(Traffic Hazards due to Negligence)
Article 129 (1) A person who, due to negligence, creates a traffic hazard for thepassage 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.
(2) When a person commits the crime prescribed under the preceding paragraphthrough professional conduct, imprisonment without work for not more than 3
years or a fine of not more than 500,000 yen is imposed.
Chapter XII Crimes of Breaking into a Residence(Breaking into a Residence)
Article 130 A person who, without just cause, breaks into a residence of anotherperson 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
30

for not more than 3 years or a fine of not more than 100,000 yen.
Article 131 Deleted.
(Attempts)
Article 132 Any attempt to commit the crimes prescribed under Article 130 ispunished.
Chapter XIII Crimes of Violating Confidentiality(Unlawful Opening of Letters)
Article 133 A person who opens a sealed letter without just c ause is punished by
imprisonment for not more than 1 year or a fine of not more than 200,000 yen.
(Unlawful Disclosure of Confidential Information)
Article 134 (1) 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 suchprofession, imprisonment for not more than 6 months or a fine of not more than
100,000 yen is imposed.
(2) 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 religio us
activities.
(Offense Subject to Complaint)
Article 135 The crimes prescribed under this Chapter is prosecuted only uponcomplaint.
Chapter XIV Crimes Related to Smoking Opium(Importing Opium for Smoking)
Article 136 A person who imports, manufactures or sells opium for smoking or
possesses it for the purpose of sale is punished by imprisonment for not lessthan 6 months but not more than 7 years.
(Importing Implements for Smoking Opium)
Article 137 A person who imports, manufactures or sells an implement forsmoking opium, or possesses it for the purpose of sale is punished by
imprisonment for not less than 3 months but not more than 5 years.
31

(Importing Opium by Custom Officials for Smoking)
Article 138 When a customs official imports or permits the import of opium forsmoking or an implement for smoking opium, imprisonment for not less than 1
year but not more than 10 years is imposed.
(Smoking and Providing Places for Smoking Opium)
Article 139 (1) A person who smokes opium is punished by imprisonment for not
more than 3 years.
(2) A person who for the purpose of making profit provides a building or room forsmoking opium is punished by imprisonment for not less than 6 months but not
more than 7 years.
(Possession of Opium for Smoking)
Article 140 A person who possesses opium for smoking or an implement forsmoking opium is punished by imprisonment for not more than 1 year.
(Attempts)
Article 141 Any attempt to commit the crimes prescribed under this Chapter arepunished.
Chapter XV Crimes Related to Drinking Water(Pollution of Drinking Water)
Article 142 A person who pollutes water which is intended for humanconsumption, rendering the water undrinkable is punished by imprisonment
for not more than 6 months or a fine of not more than 100,000 yen.
(Pollution of Water Supplies)
Article 143 A person who pollutes the water intended for drinking supplied tothe public by a water supply system, or who pollutes the source thereof,
rendering the water undrinkable, is punished by imprisonment for not lessthan 6 months but not more than 7 years.
(Pollution of Drinking Water with Poisonous Materials)
Article 144 A person who pollutes drinking water with poisonous materials or
any other substance harming human health is punished by imprisonment for
not more than 3 years.
(Pollution of Drinking Water Causing Death or Injury)
Article 145 A person who commits a crime prescribed under the preceding three32

Articles and thereby causes the death or injury of another person is dealt withby the punishment prescribed for the crimes of injury or the preceding
paragraph whichever is greater.
(Pollution of Water Supplies with Poisonous Materials and Causing Death)
Article 146 A person who pollutes water which is supplied to the public fordrinking purposes or a water supply system with poisonous materials or any
other substance harming human health, is punished by imprisonment for adefinite term of not less than 2 years. If it thereby causes the death of anotherperson, the offender is punished by the death penalty or imprisonment for life
or for a definite term of not less than 5 years.
(Damage or Obstruction of a Water Supply System)
Article 147 A person who damages or obstructs a water supply system ispunished by imprisonment for not less than 1 year but not more than 10 years.
Chapter XVI Crimes of Counterfeiting of Currency(Counterfeiting of Currency or Uttering of Counterfeit Currency)
Article 148 (1) A person who counterfeits or alters a current coin, bank note orbill for the purpose of uttering is punished by imprisonment for life or for adefinite term of not less than 3 years.
(2) 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.
(Counterfeiting of Foreign Currency or Uttering of Foreign Currency)
Article 149 (1) A person who counterfeits or alters a foreign coin, bank note orbill which is used in transaction in Japan for the purpose of uttering ispunished by imprisonment for a definite term of not less than 2 years.
(2) 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.
(Acquisition of Counterfeit Currency)
Article 150 A person, who acquires a counterfeit or altered coin, bank note or bill
for the purpose of uttering, is punished by imprisonment for not more than 3
years.
(Attempts)
Article 151 Any attempt to commit the crimes prescribed under the preceding
three Articles is punished.

33

(Uttering of Counterfeit Currency with Knowledge after Acquisition)
Article 152 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 theknowledge 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.
(Preparations of Implements for Currency Counterfeited)
Article 153 A person who prepares implements or materials for the purpose ofcounterfeiting or altering a coin, bank note or bill is punished by imprisonment
for not less than 3 months but not more than 5 years.
Chapter XVII Crimes of Counterfeiting of Documents(Counterfeit of Imperial or State Documents)
Article 154 (1) 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 otherofficial imperial document with a counterfeit Imperial Seal, State Seal or
Imperial Signature, is punished by imprisonment for life or for a definite termof not less than three years.
(2) 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.
(Counterfeiting of Official Documents)
Article 155 (1) For the purpose of uttering, a person who counterfeits using theseal 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 acounterfeited seal or signature of such public office or public employee, adocument or drawing to be prepared by a public office or a public employee, ispunished by imprisonment for not less than 1 year but not more than 10 years.
(2) The same applies to a person who alters a document or drawing bearing theseal or signature of a public office or a public employee.
(3) 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 apublic office or a public employee is punished by imprisonment for not morethan 3 years or a fine of not more than 200,000 yen.
(Making of False Official Documents)
34

Article 156 In connection with their official duty, if a public employee makes afalse official document or drawing, or alters an official document or drawing,
for the purpose of uttering, is dealt with in the same manner as prescribed in
the preceding two Articles, depending on whether or not the document bears aseal or signature.
(False Entries in the Original of Notarized Deeds)
Article 157 (1) 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 orduties, or creates a false record on the electronic or magnetic record to be usedas the original of a notarized deed relating to rights or duties, is punished by
imprisonment for not more than 5 years or a fine of not more than 500,000 yen.
(2) 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, ispunished by imprisonment for not more than 1 year or a fine of not more than
200,000 yen.
(3) Any attempt to commit the crimes prescribed under the preceding two
paragraphs is punished.
(Uttering Counterfeit Official Documents)
Article 158 (1) A person, who utters a document or drawing prescribed for in thepreceding four Articles or provides the electronic or magnetic record prescribedin 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 adocument or drawing, makes a false document or drawing, or causes a false
entry or record to be made.
(2) Any attempt to commit the crimes prescribed under the preceding paragraphis punished.
(Counterfeiting Private Documents)
Article 159 (1) A person who, for the purpose of uttering, counterfeits, with theuse of a seal or signature of another person, a document or drawing relating torights, 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 for not lessthan 3 months but not more than 5 years.
(2) The same applies to a person who alters a document or drawing bearing theseal or signature of another person and relating to rights, duties orcertification of facts.
(3) Beyond what are provided for in the preceding two paragraphs, a person who
35

counterfeits or alters a document or drawing relating to rights, duties orcertification of facts is punished by imprisonment for not more than 1 year or afine of not more than 100,000 yen.
(Falsifying Medical Certificates)
Article 160 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 not more than 3 years or a fine of not morethan 300,000 yen is imposed.
(Uttering Counterfeit Private Documents)
Article 161 (1) A person who utters a document or drawing prescribed in thepreceding two Articles is punished by the same penalty as a person who
counterfeits or alters a document or drawing or makes a false entry.
(2) Any attempt to commit the crimes prescribed under the preceding paragraphis punished.
(Unauthorized Creation of Electronic or Magnetic Records)
Article 161-2 (1) With the intent to bring about error in the processing ofmatters 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 pun ishedby imprisonment for not more than 5 years or a fine of not more than 500,000
yen.
(2) When the crime prescribed under the preceding paragraph is committed inrelation to an electronic or magnetic record to be created by a public office or apublic employee, the offender is punished by imprisonment for not more than
10 years or a fine of not more than 1,000,000 yen is imposed.
(3) 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 anotherperson is punished by the same penalty as the person who created such an
electronic or magnetic record.
(4) Any attempt to commit the crimes prescribed under the preceding paragraphis punished.
Chapter XVIII Crimes of Counterfeiting of Securities(Counterfeiting of Securities)
Article 162 (1) For the purpose of uttering, a person who counterfeits or alters apublic bond, securities of a government agency, share certificate of a36

corporation or other securities is punished by imprisonment for not less than 3months but not more than 10 years.
(2) The same applies to a person who, for the purpose of uttering, makes a false
entry in a security.
(Uttering Counterfeit Securities)
Article 163 (1) 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 for not less than 3 months but not more than 10 years.
(2) Any attempt to commit the crimes prescribed under the preceding paragraphis punished.
Chapter XVIII-2 Crimes Related to Electronic or Magnetic Records ofPayment Cards(Unauthorized Creation of Electronic or Magnetic Records of Payment Cards)
Article 163-2 (1) 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 insuch processing error encoded in a credit card or other cards for the payment ofcharges for goods or services, is punished by imprisonment for not more than
10 years or a fine of not more than 1,000,000 yen. The same applies to a person
who creates without due authorization an electronic or magnetic record whichis encoded in a card for withdrawal of money.
(2) 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, isdealt with in the same way prescribed in the same paragraph.
(3) A person who, for the purpose prescribed in paragraph (1), transfers, lends orimports 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.
(Possession of Payment Cards with Unauthorized Electronic or Magnetic
Records)
Article 163-3 A person who, for the purpose prescribed in paragraph (1) of thepreceding Article, possesses the card prescribed in paragraph (3) of the same
Article, is punished by imprisonment for not more than 5 years or a fin e of not
more than 500,000 yen.

37

(Preparation for Unauthorized Creation of Electronic or Magnetic Records ofPayment Cards)
Article 163-4 (1) 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, ispunished by imprisonment for not more than 3 years or a fine of not more than
500,000 yen. The same applies to a person who, knowing the purpose of theobtainer, provides the information.
(2) 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.
(3) 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.
(Attempts)
Article 163-5 Any attempt to commit the crimes prescribed under Article 163-2
and paragraph (1) of the preceding Article is punished.
Chapter XIX Crimes of Counterfeiting of Seals(Counterfeiting or Unauthorized Use of the Imperial Seal)
Article 164 (1) For the purpose of uttering, a person who counterfeits theImperial Seal, State Seal or Imperial Signature, is punished by imprisonment
for a definite term of not less than 2 years.
(2) The same applies to a person who without due authorization, uses theImperial Seal, State Seal or Imperial Signature, or who uses a counterfeit
Imperial Seal, State Seal or Imperial Signature.
(Counterfeiting or Unauthorized Use of Official Seals)
Article 165 (1) For the purpose of unauthorized use, a person who counterfeits
the seal or signature of a public office or public employee is punished by
imprisonment for not less than 3 months but not more than 5 years.
(2) The same applies to a person who, without due authorization uses the seal orsignature of a public office or public employee, or who uses a counterfeit seal orsignature of a public office or public employee.
(Counterfeiting or Unauthorized Use of Official Marks)
Article 166 (1) For the purpose of unauthorized use, a person who counterfeits
the mark of a public office is punished by imprisonment for not more than 3
38

years.
(2) The same applies to a person who uses without due authorization the mark ofa public office or who uses a counterfeit mark of a public office.
(Counterfeiting or Unauthorized Use of Private Seals)
Article 167 (1) For the purpose of unauthorized use, a person who counterfeits
the seal or signature of another person is punished by imprisonment for not
more than 3 years.
(2) The same applies to a person who without due authorization, uses the seal orsignature of another person or who uses a counterfeit seal or signature ofanother person.
(Attempts)
Article 168 Any attempt to commit the crimes prescribed under paragraph (2) ofArticle 164, paragraph (2) of Article 165, paragraph (2) of Article 166 andparagraph (2) of the preceding Article is punished.
Chapter XIX-2 Crimes Related to Electronic or Magnetic Records
Containing Unauthorized Commands(Making of Electronic or Magnetic Records Containing UnauthorizedCommands)
Article 168-2 (1) 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 ispunished by imprisonment for not more than 3 years or a fine of not more than
500,000 yen:(i) electronic or magnetic records that give unauthorized commands to preventa computer from performing functions in line with the user's intention or
have it perform functions against the user's intention;(ii) 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.
(2) 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.
(3) Any attempt to commit the crime referred to in the preceding paragraph ispunished.
(Acquisition of Electronic or Magnetic Records Containing UnauthorizedCommands)
39

Article 168-3 A person who, without legitimate grounds, acquires or stores
records including electronic or magnetic records set forth in the items ofparagraph (1) of the preceding Article for the purpose referred to in the same
paragraph is punished by imprisonment for not more than 2 years or a fine of
not more than 300,000 yen.
Chapter XX Crimes of Perjury(Perjury)
Article 169 When a witness who has sworn in accordance with law gives false
testimony, imprisonment for not less than 3 months but not more than 10
years is imposed.
(Exemption of a Sentence Due to Confession)
Article 170 When a person who has committed the crime prescribed under thepreceding 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 theoffender from the punishment.
(False Expert Opinion or Interpreting)
Article 171 An expert witness or interpreter who has sworn in accordance withlaws and gives a false expert opinion or makes a false interpretation ortranslation is to be dealt with in the same manner as prescribed for in thepreceding two Articles.
Chapter XXI Crimes of False Accusations(False Accusations)
Article 172 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 for not less than 3 months
but not more than 10 years.
(Reduction of Punishment due to Confessions)
Article 173 When a person who has committed the crime prescribed under thepreceding Article confesses before a judgment becomes final and binding or
before a disciplinary action is taken, such confession may lead to thepunishment being reduced or may exempt the offender from the punishment.
Chapter XXII Crimes of Obscenity, Forcible Sexual Intercourse, and40

Bigamy(Public Indecency)
Article 174 A person who commits an indecent act in public is punished by
imprisonment for not more than 6 months, a fine of not more than 300,000 yen,penal detention or a petty fine.
(Distribution of Obscene Objects)
Article 175 (1) 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 for not more than 2 years, a fineof not more than 2,500,000 yen or a petty fine, or both imprisonment and a fine.
The same applies to a person who distributes obscene records including
electronic or magnetic records through the transmission of telecommunications.
(2) The same applies to a person who possesses the objects referred to in thepreceding paragraph or stores electronic or magnetic records referred to in thesame paragraph for the purpose of distributing them for a fee.
(Indecency through Compulsion)
Article 176 A person who forcibly commits an indecent act through assault or
intimidation upon another person of not less than thirteen years of age ispunished by imprisonment for not less than 6 months but not more than 10
years. The same applies to a person who commits an indecent act upon anotherperson under thirteen years of age.
(Forcible Sexual Intercourse)
Article 177 A person who, through assault or intimidation forcibly engages invaginal intercourse, anal intercourse or oral intercourse (hereinafter referred
to as "sexual intercourse") with another person of not less than th irteen yearsof age is guilty of the crime of forcible sexual intercourse, and is punished by
imprisonment for a definite term of not less than 5 years. The same applies toa person who engages in sexual intercourse against another person under
thirteen years of age.
(Constructive Indecency through Compulsion; Constructive Forcible Sexual
Intercourse)
Article 178 (1) A person who engages in an indecent act upon another person bytaking advantage of their unconscious state or inability to resist, or by cau sing
the person to lose consciousness or have the inability to resist, is punished in
the same manner as prescribed for in Article 176.
(2) A person who engages in sexual intercourse with another person by taking
41

advantage of their unconscious state or inability to resist, or by causing theperson to lose consciousness or have the inability to resist, is punished in thesame manner as prescribed in the preceding Article.
(Indecency by a Person Having Custody of a Person under 18; Sexual
Intercourse by a Person Having Custody of a Person under 18)
Article 179 (1) A person who commits an indecent act upon another person undereighteen years of age by taking advantage of the influence arising from the factof having custody of that person is punished in the same manner as prescribedin Article 176.
(2) A person who engages in sexual intercourse, etc. with another person undereighteen years of age by taking advantage of the influence arising from the factof having custody of that person is punished in the same manner as prescribedin Article 177.
(Attempts)
Article 180 Any attempt to commit the crimes prescribed in Articles 176 throughthe preceding Article is punished.
(Indecency through Compulsion Causing Death or Injury)
Article 181 (1) A person who commits a crime prescribed under Article 176,
paragraph (1) of Article 178, paragraph (1) of Article 179, or any attempt tocommit the crimes mentioned above, and thereby causes the death or injury of
another person is punished by imprisonment for life or for a definite term of
not less than 3 years.
(2) A person who commits a crime prescribed under Article 177, paragraph (2) ofArticle 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 ispunished by imprisonment for life or for a definite term of not less than 6 years.
(Inducement to Illicit Intercourse)
Article 182 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 for not more than 3 years or a fine of not more than 300,000 yen.
Article 183 Deleted.
(Bigamy)Article 184 When a married person enters into another marriage, imprisonment
for not more than 2 years is imposed. The same applies to the other party whoenters into such marriage.
42

Chapter XXIII Crimes Related to Gambling and Lotteries(Gambling)
Article 185 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.
(Habitual Gambling; Running a Gambling Place for the Purpose of Gain)
Article 186 (1) A person who habitually gambles is punished by imprisonment
for not more than 3 years.
(2) A person who, for the purpose of profit, runs a place for gambling or organizes
a group of habitual gamblers is punished by imprisonment for not less than 3months but not more than 5 years.
(Sale of Lotteries)
Article 187 (1) A person who sells a lottery ticket is punished by imprisonment
for not more than 2 years or a fine of not more than 1,500,000 yen.
(2) A person who acts as an intermediary in the sale of a lottery ticket ispunished by imprisonment for not more than 1 year or a fine of not more than
1,000,000 yen.
(3) Beyond what are provided for in the preceding two paragraphs, a person who
delivers or receives a lottery ticket is punished by a fine of not more than
200,000 yen or a petty fine.
Chapter XXIV Crimes Related to Places of Worship and Graves(Desecrating Places of Worship; Interference with Religious Service)
Article 188 (1) A person who openly desecrates a shrine, temple, cemetery or any
other place of worship is punished by imprisonment or imprisonment withoutwork for not more than 6 months or a fine of not more than 100,000 yen.
(2) A person who interferes with a sermon, worship or a funeral service ispunished by imprisonment or imprisonment without work for not more than 1
year or a fine of not more than 100,000 yen.
(Excavation of Graves)
Article 189 A person who excavates a grave is punished by imprisonment for not
more than 2 years.
(Destruction of Corpses)
Article 190 A person who damages, abandons or unlawfully possesses a corp se,43

the ashes or hair of a dead person, or an object placed in a coffin is punished by
imprisonment for not more than 3 years.
(Excavation of Graves and Damaging Corpses)
Article 191 A person who commits the crime prescribed under Article 189 anddamages, abandons or unlawfully possesses a corpse, the ashes or hairs of adead person, or an object placed in a coffin is punished by imprisonment for notless than 3 months but not more than 5 years.
(Secret Burial of Persons Dying from an Unnatural Death)
Article 192 A person who, without a postmortem examination, buries a person
who died an unnatural death is punished by a fine of not more than 100,000
yen or a petty fine.
Chapter XXV Crimes of Corruption(Abuse of Authority by Public Employees)
Article 193 When a public employee abuses their authority and causes anotherperson to perform an act which the person has no obligation to perform, or
obstructs another person from exercising their right, imprisonment or
imprisonment without work for not more than 2 years is imposed.
(Abuse of Authority by Specialized Public Employees)
Article 194 When a person performing or assisting in judicial, prosecutorial or
police duties, abuses their authority and unlawfully captures or confines
another, imprisonment or imprisonment without work for not less than 6months but not more than 10 years is imposed.
(Assault and Cruelty by Specialized Public Employees)
Article 195 (1) When a person performing or assisting in judicial, prosecutorial
or police duties commits, in the performance of their duties, an act of assault or
physical or mental cruelty upon the accused, suspect or any other person,
imprisonment or imprisonment without work for not more than 7 years is
imposed.
(2) The same applies when a person who is guarding or escorting another person
detained or confined in accordance with laws and regulations commits an act ofassault or physical or mental cruelty upon the person.
(Abuse of Authority Causing Death or Injury by Specialized Public Employees)
Article 196 A person who commits a crime prescribed under the preceding two
Articles and thereby causes the death or injury of another person is dealt with44

by the punishment for the crimes of injury or the punishment prescribed in thepreceding two Articles, whichever is severer.
(Acceptance of Bribes; Acceptance upon Request; Acceptance in Advance ofAssumption of Office)
Article 197 (1) A public employee who accepts, solicits or promises to accept abribe in connection with their duties is punished by imprisonment for not morethan 5 years; and when the employee agrees to perform an act in response to arequest, imprisonment for not more than 7 years is imposed.
(2) When a person to be appointed a public employee accepts, solicits or promises
to accept a bribe in connection with a duty to be assumed with agreement toperform an act in response to a request, the person is punished by
imprisonment for not more than 5 years in the event of appointment.
(Passing of Bribes to a Third Party)
Article 197-2 When a public employee, agreeing to perform an act in response toa request, is involved in a bribe in connection with the employee's duty to begiven to a third party or solicits or promises such bribe to be given to a third
party, imprisonment for not more than 5 years is imposed.
(Aggravated Acceptance of Bribe; Its Acceptance after Resignation of Office)
Article 197-3 (1) When a public employee commits a crime prescribed under thepreceding two Articles and consequently acts illegally or refrains from acting i n
the exercise of their duty, imprisonment for a definite term of not less than 1
year is imposed.
(2) The same applies when a public employee accepts, solicits or promises to
accept a bribe, or is involved in a bribe to be given to a third party or solici ts orpromises a bribe to be given to a third party, in connection with having acted
illegally or having refrained from acting in the exercise of the employee's duty.
(3) When a person who resigned from the position of a public employee accepts,
solicits or promises to accept a bribe in connection with having acted illegallyor having refrained from acting in the exercise of their duty with agreement
thereof in response to a request, the person is punished by imprisonment for
not more than 5 years.
(Influence Peddling)
Article 197-4 A public employee who accepts, solicits or promises to accept abribe as consideration for the influence which the employee exerted or is toexert, in response to a request, upon another public employee so as to cause th eother to act illegally or refrain from acting in the exercise of official duty ispunished by imprisonment for not more than 5 years.
45

(Confiscation and Collection of a Sum of Equivalent Value)
Article 197-5 A bribe accepted by an offender or by a third party with knowledge
is confiscated. When the whole or a part of the bribe cannot be confiscated, an
equivalent sum of money is collected.
(Active Bribery)
Article 198 A person who gives, offers or promises to give a bribe provided for in
Articles 197 through 197-4 is punished by imprisonment for not more than 3
years or a fine of not more than 2,500,000 yen.
Chapter XXVI Crimes of Homicide(Homicide)
Article 199 A person who kills another person is punished by the death penalty
or imprisonment for life or for a definite term of not less than 5 years.
Article 200 Deleted.
(Preparation)
Article 201 A person who prepares for the commission of a crime prescribedunder Article 199 is punished by imprisonment for not more than 2 years;
provided, however, that the person may be exculpated in light of circumstances.
(Participation in Assisted Suicide; Consensual Homicide)
Article 202 A person who induces or aids another person to commit suicide, orkills another person at the other's request or with other's consent, is punishedby imprisonment or imprisonment without work for not less than 6 months but
not more than 7 years.
(Attempts)
Article 203 Any attempt to commit the crimes prescribed under Article 199 andthe preceding Article is punished.
Chapter XXVII Criminal Injury(Injury)
Article 204 A person who causes another person to suffer injury is punished by
imprisonment for not more than 15 years or a fine of not more than 500,000
yen.

46

(Injury Causing Death)
Article 205 A person who causes another person to suffer injury resulting indeath is punished by imprisonment for a definite term of not less than 3 years.
(Inciting Injury)
Article 206 A person who incites the offender in the commission of a crime at thescene of a crime prescribed under the preceding two Articles, even if the person
does not directly cause another person to suffer injury, the person is punishedby imprisonment for not more than 1 year, a fine of not more than 100,000 yen
or a petty fine.
(Special Provision for Injury Caused by Multiple Attackers)
Article 207 When two or more persons assault another person causing injury and
it is impossible to know the relative extent of the injury caused by eachindividual offender or which offender caused the injury, the of fenders are dealt
with as co-principals even though they did not act in concert.
(Assault)
Article 208 When a person assaults another person without injuring the otherperson, the person is punished by imprisonment for not more than 2 years, afine of not more than 300,000 yen, penal detention or a petty fine.
(Unlawful Assembly with Weapons)
Article 208-2 (1) When two or more persons assemble for the purpose of jointly
harming the life, body or property of another person, any participant of theassembly who has prepared weapons or knows that weapons have been
prepared, is punished by imprisonment for not more than 2 years or a fine of
not more than 300,000 yen.
(2) In the case referred to in the preceding paragraph, a person who having
prepared weapons or knowing that weapons have been prepared, causes others
to assemble, is punished by imprisonment for not more than 3 years.
Chapter XXVIII Crimes Causing Injury due to Negligence(Causing Injury due to Negligence)
Article 209 (1) A person who injures another person due to negligence ispunished by a fine of not more than 300,000 yen or a petty fine.
(2) The crime prescribed under the preceding paragraph is prosecuted only uponcomplaint.
(Causing Death due to Negligence)47

Article 210 A person who causes the death of another person due to negligence ispunished by a fine of not more than 500,000 yen.
(Causing Death or Injury due to Negligence in the Pursuit of Social Activities)
Article 211 A person who fails to exercise due care required in the pursuit ofsocial activities and thereby causes the death or injury of another person ispunished by imprisonment or imprisonment without work for not more than 5
years or a fine of not more than 1,000,000 yen. The same applies to a person
who due to gross negligence, causes the death or injury of another person.
Chapter XXIX Criminal Abortion(Abortion)
Article 212 When a pregnant woman causes her own abortion by using drugs or
any other means, imprisonment for not more than 1 year is imposed.
(Abortion with Consent; Causing Death or Injury)
Article 213 At the request of a woman or with her consent, a person who causes
her abortion, is punished by imprisonment for not more than 2 years. If theperson thereby causes the death or injury of the woman, the person is punishedby imprisonment for not less than 3 months but not more than 5 years.
(Abortion through Professional Conduct; Causing Death or Injury)
Article 214 When a physician, midwife, pharmacist or pharmaceuticals
distributor, at the request of a woman or with her consent, causes her abortion,
imprisonment for not less than 3 months but not more than 5 years is imposed.
If such person thereby causes the death or injury of the woman, imprisonment
for not less than 6 months but not more than 7 years is imposed.
(Abortion without Consent)
Article 215 (1) A person who, without the request or consent of the woman,causes her abortion, is punished by imprisonment for not less than 6 months
but not more than 7 years.
(2) Any attempt to commit the crime prescribed under the preceding paragraph ispunished.
(Abortion without Consent Causing Death or Injury)
Article 216 A person who commits the crime prescribed under the preceding
Article and thereby causes the death or injury of the woman is de alt with by
the punishment prescribed for either the crimes of injury or the preceding
Article, whichever is greater.
48

Chapter XXX Crimes of Abandonment(Abandonment)
Article 217 A person who abandons another person of old age, a child, a personwith a disability or illness in need of support is punished by imprisonment for
not more than 1 year.
(Abandonment by a Person Responsible for Their Care)
Article 218 When a person who is responsible for the care of a person of old age,a child, a person with a disability or illness, abandons or fails to provide thenecessary care to such person, the person is punished by imprisonment for notless than 3 months but not more than 5 years.
(Abandonment Causing Death or Injury)
Article 219 A person who commits a crime prescribed under the preceding two
Articles and thereby causes the death or injury of another person, is dealt withby the punishment for either the crimes of injury or the punishment prescribedin the preceding Articles, whichever is severer.
Chapter XXXI Crimes of Unlawful Capture and Confinement(Unlawful Capture and Confinement)
Article 220 A person who unlawfully captures or confines another person ispunished by imprisonment for not less than 3 months but not more than 7
years.
(Unlawful Capture or Confinement Causing Death or Injury)
Article 221 A person who commits the crime prescribed under the preceding
Article and thereby causes the death or injury of another person, is dealt withby the punishment for either the crimes of injury or the punishment prescribedin the preceding Article, whichever is severer.
Chapter XXXII Crimes of Intimidation(Intimidation)
Article 222 (1) A person who intimidates another person using a threat to harm
the life, body, freedom, reputation or the person's property is punished by
imprisonment for not more than 2 years or a fine of not more than 300,000 yen.
(2) The same applies to a person who intimidates another person using a threat
to harm the life, body, freedom, reputation or property of one's relatives.
49

(Compulsion)
Article 223 (1) A person who intimidates another person using threat to harm
the life, body, freedom, reputation or property of another person or by assault,
causing the other person to perform an act which the person had no obl igation
to perform, or hinders the other person from exercising their own rights, ispunished by imprisonment for not more than 3 years.
(2) The same applies to a person who intimidates another person, using threat toharm the life, body, freedom, reputation or property of the relatives of theother person, causing the person to perform an act which the person has no
obligation to perform, or hinders the person from exercising their rights.
(3) Any attempt to commit the crimes prescribed under the preceding two
paragraphs is punished.
Chapter XXXIII Crimes of Kidnapping and Human Trafficking(Kidnapping of Minors)
Article 224 A person who kidnaps a minor using force or through enticement ispunished by imprisonment for not less than 3 months but not more than 7
years.
(Kidnapping for Profit)
Article 225 A person who kidnaps another person through the use of force orenticement for the purpose of profit, indecency, marriage or threat to the life orbody is punished by imprisonment for not less than 1 year but not more than
10 years.
(Kidnapping for Ransom)
Article 225-2 (1) A person who kidnaps another person through the use of force
or enticement, for the purpose of causing the kidnapped person's relatives or
any other person who would be concerned about the kidnapped person's safety
to grant any property, taking advantage of such situation, is punished by
imprisonment for life or for a definite term of not less than 3 years.
(2) The same applies to a person, who having kidnapped another person throu gh
the use of force or enticement, causes or demands the kidnapped person's
relatives or any other person who would be concerned about the kidnapped
person's safety to grant any property, taking advantage of such situation.
(Kidnapping for Transportation out of a Country)
Article 226 A person who kidnaps another person through the use of force orenticement for the purpose of transporting another person from one country to50

another country is punished by imprisonment for a definite term of not lessthan 2 years.
(Human Trafficking)
Article 226-2 (1) A person who buys another person is punished by imprisonment
for not less than 3 months but not more than 5 years.
(2) A person who buys a minor is punished by imprisonment for not less than 3months but not more than 7 years.
(3) A person who buys another person for the purpose of profit, indecency,
marriage or threat to the life or body, is punished by imprisonment for not lessthan 1 year but not more than 10 years.
(4) The preceding paragraph applies to a person who sells another person.
(5) A person who sells or buys another person for the purpose of transportingthem from one country to another country is punished by imprisonment for notless than 2 years.
(Transporting Kidnapped Persons out of a Country)
Article 226-3 A person who transports a kidnapped person through the use offorce or enticement or another person who has been bought or sold, from one
country to another country, is punished by imprisonment for not less than 2
years.
(Delivery of Kidnapped Persons)
Article 227 (1) For the purpose of aiding another person who has committed anyof the crimes prescribed under Articles 224, 225 or the preceding three Articles,a person who delivers, receives, transports or hides a person who has been
kidnapped through the use of force or enticement or has been bought or sold, ispunished by imprisonment for not less than 3 months but not more than 5
years.
(2) For the purpose of aiding another person who has committed the crimeprescribed under paragraph (1) of Article 225-2, a person who delivers, receives,transports or hides a person who has been kidnapped is punished by
imprisonment for not less than 1 year but not more than 10 years.
(3) For the purpose of profit, indecency or threat to the life or body, a person who
delivers, receives, transports or hides another person who has been kidnappedor sold, is punished by imprisonment for not less than 6 months but not morethan 7 years.
(4) For the purpose prescribed under paragraph (1) of Article 225-2, a person who
receives another person who has been kidnapped is punished by imprisonment
for a definite term of not less than 2 years. The same applies to a person, who
has received a kidnapped person and causes or demands such person's relative51

or any other person who would be concerned about the safety of the kidnapped
person to deliver any property, taking advantage of such situation.
(Attempts)
Article 228 Any attempt to commit the crimes prescribed under Articles 224, 225,
paragraph (1) of Article 225-2, Articles 226 through 226-3 and paragraphs (1)through (3) and the first sentence of paragraph (4) of the preceding Article ispunished.
(Reduction of Punishment in the Case of Release)
Article 228-2 If a person who has committed the crime prescribed under Article
225-2 or paragraph (2) or (4) of Article 227 releases the kidnapped person in asafe location before being prosecuted, the punishment is reduced.
(Preparation for Kidnapping for Ransom)
Article 228-3 A person who prepares for commission of the crime prescribedunder paragraph (1) of Article 225-2 is punished by imprisonment for not morethan 2 years; provided, however, that the punishment of the person who self denounces before the person commences the crime is reduced or exculpat ed.
(Offense Subject to Complaint)
Article 229 The crime prescribed under Article 224, the crime prescribed underparagraph (1) of Article 227 which is committed for the purpose of aiding theperson who has committed the crime prescribed under Article 224, and theattempts to commit these crimes, are prosecuted only upon criminal complaint.
Chapter XXXIV Crimes against Reputation(Defamation)
Article 230 (1) A person who defames another person by making allegations inpublic, regardless of whether such facts are true or false, is punished by
imprisonment or imprisonment without work for not more than 3 years or afine of not more than 500,000 yen.
(2) A person who defames a dead person is not punished unless such defamation
is based on a false facts.
(Special Provision for Matters Concerning Public Interest)
Article 230-2 (1) When an act prescribed under paragraph (1) of the preceding
Article is found to relate to matters of public interest and to have been
conducted solely for the benefit of the public, the truth or falsity of the alleged
facts are to be examined, and punishment is not imposed if they are proven to52

be true.
(2) In application of the preceding paragraph, matters concerning the criminal
act of a person who has not been prosecuted is deemed to be matters of public
interest.
(3) When the act prescribed under paragraph (1) of the preceding Article is madewith regard to matters concerning a public employee or a candidate for election,
punishment is not imposed if an inquiry into the truth or falsity of the alleged
facts are made and they are proven to be true.
(Insults)
Article 231 A person who insults another person in public, irrespective ofwhether the accusation alleges facts or not, the person is punished by penal
detention or a petty fine.
(Offense Subject to Complaint)
Article 232 (1) The crimes prescribed under this Chapter are prosecuted only
upon complaint.
(2) If the person who is to make a complaint is the Emperor, Empress, Grand
Empress Dowager, Empress Dowager or Imperial Heir, the Prime Minister is
to file a complaint on their behalf, and when such person is the Sovereign or
President of a foreign state, a representative of the State is to make acomplaint on their behalf.
Chapter XXXV Crimes against Credibility and Business(Damage to Credibility; Obstruction of Business)
Article 233 A person who damages the credibility or obstructs the business ofanother person by spreading false rumors or by the use of fraudulent means ispunished by imprisonment for not more than 3 years or a fine of not more than
500,000 yen.
(Forcible Obstruction of Business)
Article 234 A person who obstructs the business of another person by force isdealt with in the same manner as prescribed under the preceding Article.
(Obstruction of Business by Damaging a Computer)
Article 234-2 (1) A person who obstructs the business of another person byinterfering with the operation of a computer utilized for the business of theother or by causing such computer to operate counter to the purpose of such
utilization by damaging such computer or any electronic or magnetic record
used by such computer, by inputting false data or giving unauthorized53

commands or by any other means, is punished by imprisonment for not morethan 5 years or a fine of not more than 1,000,000 yen.
(2) Any attempt to commit the crime prescribed under the preceding paragraph ispunished.
Chapter XXXVI Crimes of Theft and Robbery(Theft)Article 235 A person who steals the property of another person commits thecrime of theft and is punished by imprisonment for not more than 10 years or afine of not more than 500,000 yen.
(Usurpation of Real Estate)
Article 235-2 A person who usurps the real estate of another person is punishedby imprisonment for not more than 10 years.
(Robbery)
Article 236 (1) A person who robs the property of another person through the useof assault or intimidation is guilty of the crime of robbery and is punished by
imprisonment for a definite term of not less than 5 years.
(2) The same applies to a person who illegally obtains or causes another person
to illegally obtain a profit by the means prescribed under the preceding
paragraph.
(Preparation for Robbery)
Article 237 A person who, with the intention of committing the crime of robbery
prepared for the robbery, is punished by imprisonment for not more than 2
years.
(Constructive Robbery)
Article 238 When a person who has committed the crime of theft uses assault or
intimidation in order to retain the stolen property, evade arrest or destroy
evidence, the person is dealt with in the same manner as with robbery.
(Drug-Facilitated Robbery)
Article 239 A person who steals the property of another person by causing theother person to become unconscious is dealt with in the same manner as withrobbery.
(Robbery Causing Death or Injury)
Article 240 When a person who has committed the crime of robbery which causes
54another person to suffer injury at the scene of the robbery, the person ispunished by imprisonment for life or for a definite term of not less than 6 years,
and in the case of causing death, the death penalty or imprisonment for life is
imposed.
(Robbery; Forcible Sexual Intercourse; Causing Death Thereby)
Article 241 (1) If a person who commits the crime of robbery or an attempt
thereof also commits the crime of forcible sexual intercourse (excluding thecrime prescribed under paragraph (2) of Article 179; hereinafter the same
applies in this paragraph) or an attempt thereof, or a person who commits thecrime of forcible sexual intercourse or an attempt thereof also commits thecrime of robbery or an attempt thereof, that person is punished by
imprisonment for life or for a definite term of not less than 7 years.
(2) In the case referred to in the preceding paragraph, if the crimes that werecommitted were attempted crimes, the punishment may be reduced, except
when the person thereby causes the death or injury of another person; provided,
however, that the voluntary abandonment of commission of either crime leads
to the punishment being reduced or the offender being exempted.
(3) A person who, by commission of an act that constitutes the crime referred toin paragraph (1), causes the death of another person, is punished by the death
penalty or life imprisonment.
(Offender's Own Property)
Article 242 With regard to the crimes prescribed under this Chapter, theoffender's own property is deemed to be the property of another person when it
is in the possession of another person or under the guard of another person incompliance with an order issued by a public office.
(Attempts)
Article 243 Any attempt to commit the crimes prescribed under Articles 235
through 236, and 238 through 240, and paragraph (3) of Article 241 is
punished.
(Special Provision for Theft Committed against Relatives)
Article 244 (1) A person who commits the crime prescribed under Article 235 or
235-2 or attempts thereof against a spouse, lineal blood relative or relative
living together, is exculpated.
(2) A person who commits the crime prescribed under the preceding paragraphagainst a relative other than those provided in the paragraph, is notprosecuted without a complaint.
(3) The preceding two paragraphs do not apply to accomplices who are not55

relatives.
(Electricity)
Article 245 With regard to the crimes prescribed under this Chapter, electricity
is deemed to be property.
Chapter XXXVII Crimes of Fraud and Extortion(Fraud)Article 246 (1) A person who defrauds another person of property is punished by
imprisonment for not more than 10 years.
(2) The same applies to a person who illegally obtains or causes another person
to illegally obtain a profit by the means prescribed under the preceding
paragraph.
(Computer Fraud)
Article 246-2 Beyond what are provided for in the provisions of the preceding
Article, a person who illegally obtains or causes another person to illegallyobtain a profit by creating a false electronic or magnetic record relating toacquisition, loss or alteration of property rights by inputting false data or
giving unauthorized commands to a computer utilized for the businessprocesses of another person, or by putting a false electronic or magnetic record
relating to acquisition, loss or alteration of property rights into use for thebusiness processes of another person, is punished by imprisonment for not
more than 10 years.
(Breach of Trust)
Article 247 When a person who is in charge of the affairs of another person, forthe benefit of their own interest or the interest of a third party, or inflicting
damage on another person, commits an act in breach of legal duty and causes
the financial loss to another person, imprisonment for not more than 5 years ora fine of not more than 500,000 yen is imposed.
(Constructive Fraud)
Article 248 A person who, by taking advantage of the inexperience in judgementof a minor or the intellectual disability of a person, causes them to deliver theirproperty, or obtains or makes a third person to obtain an illegal profit, ispunished by imprisonment for not more than 10 years.
(Extortion)
Article 249 (1) A person who extorts another person to deliver property is56

punished by imprisonment for not more than 10 years.
(2) The same applies to a person who illegally obtains or causes another person
to illegally obtain a profit by the means prescribed under the preceding
paragraph.
(Attempts)
Article 250 Any attempt to commit the crimes prescribed under this Chapter ispunished.
(Application, Mutatis Mutandis)
Article 251 The provisions of Articles 242, 244 and 245 apply mutatis mutandis
to the crimes prescribed under this Chapter.
Chapter XXXVIII Crimes of Embezzlement(Embezzlement)
Article 252 (1) A person who embezzles property in their possession which
belongs to another person, is punished by imprisonment for not more than 5
years.
(2) The same applies to a person who embezzles their own property when the
person has been ordered by a public office to hold the property in custody.
(Embezzlement in the Pursuit of Social Activities)
Article 253 A person who embezzles property which belongs to another person in
the pursuit of social activities, is punished by imprisonment for not more than
10 years.
(Embezzlement of Lost Property)
Article 254 A person, who embezzles lost property, drift property or any otherproperty which belongs to another person and is in no one's possession, ispunished by imprisonment for not more than 1 year, a fine of not more than
100,000 yen or a petty fine.
(Application, Mutatis Mutandis)
Article 255 The provisions of Article 244 apply mutatis mutandis to the crimes
prescribed under this Chapter.
Chapter XXXIX Crimes Related to Stolen Property(Acceptance of Stolen Property)
Article 256 (1) A person who accepts free of charge stolen property or any other57

property obtained through an act equivalent to an offense against property ispunished by imprisonment for not more than 3 years.
(2) A person who transports, retains or receives with compensation or arranges
disposal for compensation, property provided for in the preceding paragraph ispunished by imprisonment for not more than 10 years and a fine of not morethan 500,000 yen.
(Special Provision Concerning Crimes against Relatives)
Article 257 (1) A person who commits a crime prescribed under the preceding
Article against a spouse, lineal blood relatives or relatives living together, or
the spouse of such relatives, is exculpated.
(2) The preceding paragraph does not apply to accomplices who are not relatives.
Chapter XL Crimes of Destruction and Concealment(Damaging Documents for Government Use)
Article 258 A person who damages a document or an electronic or magnetic
record in use by a public office is punished by imprisonment for not less than 3months but not more than 7 years.
(Damaging Documents for Private Use)
Article 259 A person who damages a document or electronic or magnetic recordof another person that concerns rights or duties is punished by imprisonment
for not more than 5 years.
(Damage to Buildings; Causing Death or Injury)
Article 260 A person who damages a building or vessel of another person ispunished by imprisonment for not more than 5 years. If such person thereby
causes the death or injury of another person, the person is dealt with by thepunishment for the crimes of injury or the punishment prescribe d in thepreceding paragraph, whichever is severer.
(Damage to Property)
Article 261 A person who damages or injures property beyond what areprescribed under the preceding three Articles is punished by imprisonment for
not more than 3 years, a fine of not more than 300,000 yen or a petty fine.
(Damage to the Offender's Property)
Article 262 Even when the property prescribed for in the preceding three
Articles belongs to the offender, the offender is dealt with as an offender who
has damaged another person's property when the property has been attached,58

encumbered or leased.
(Damaging of Boundaries)
Article 262-2 A person who damages, moves or removes a boundary mark orotherwise makes a boundary unrecognizable is punished by imprisonment for
not more than 5 years or a fine of not more than 500,000 yen.
(Concealment of Letters)
Article 263 A person who conceals a letter of another person is punished by
imprisonment or imprisonment for not more than 6 months, a fine of not morethan 100,000 yen or a petty fine.
(Offense Subject to Complaint)
Article 264 The crimes prescribed under Articles 259, 261 and the preceding
Article is prosecuted only upon complaint.

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