# ACT ON PUNISHMENT OF ORGANIZED CRIMES, CONTROL OF CRIME PROCEEDS AND OTHER MATTERS

(Act No. 136 of 18 August, 1999)

## CHAPTER I GENERAL PROVISIONS

## Article 1 (Purpose)

The purpose of this law shall be to provide for heavier punishment of organized homicide and other organized acts and for punishment of concealment and receipt of proceeds of crime as well as of acts performed for the purpose of control of management of enterprises of juristic persons and other entities through proceeds of crime, and to set forth provisions for special procedures for confiscation and collection of equivalent value with regard to proceeds of crime, for report of suspicious transactions and for other matters, considering that organized crimes are most detrimental to safe and healthy social life, that proceeds of crime encourage crimes of this kind, and that intervention in enterprises by means of proceeds of crime has significant harmful effect on healthy economic activities.

## Article 2 (Definitions)

In this Law, a "group" means a body of persons with common purposes united with each other continuously, the whole or a part of the acts realizing whose purpose or will are done repeatedly by an organization (An "organization" means a body of persons united with each other, whose members act as one body in accordance with predetermined allotment of functions, based on command and order. The same shall apply hereinafter.).

### 2. In this Law, "crime proceeds" means

(1) any property produced by, obtained through, or obtained in reward for a criminal act constituting offences enumerated in the schedule (including an act committed outside Japan which would be an act constituting these offences if committed in Japan and is criminal under the laws and regulations of the jurisdiction in which the act is committed) committed for the purpose of obtaining an illegal economic advantage, or,

(2) any money provided by a criminal act constituting one or more of the following offences (including any act committed outside Japan which would constitute one or more of the offences provided for in (A), (B) or (D) below if committed in Japan and is criminal under the laws and regulations of the jurisdiction in which the act is committed).

(A) an offence provided for in Article 41-10 (Provision of Funds or Others Required for Import and Other Activities concerning Stimulants Raw Material and Other Matters) of Stimulants Control Law (Law No. 252 of 1951)

(B) an offence provided for in Article 13 (Provision of Funds or Others) of Anti-Prostitution Law (Law No. 118 of 1956)

(C) an offence provided for in Article 31-13 (Provision of Funds or Others) of Law Controlling Possession, etc. of Fire-Arms and Sword (Law No. 6 of 1958)

(D) an offence provided for in Article 7 (Provision of Funds or Others) of Law concerning Prevention of Injury to Persons Caused by Sarin, etc. (Law No. 78 of 1995)

(3) any property given through a criminal act (including any act committed outside Japan which would constitute the offence below if committed in Japan and is criminal under the laws and regulations of the jurisdiction in which the act is committed) constituting an offence provided for in paragraph 1, Item 7 of Article 14 (Giving undue benefit to a foreign public official or the like and other matters) involving violation of Paragraph 1 of Article 11 of Unfair Competition Prevention Law (Law No. 47 of 1993)

(4) any funds related to an offence provided for in Article 2 (Provision of Funds) of Act on Punishment of Financing to Offences of Public Intimidation (Act No.67 of 2002)

3. In this Law, "property derived from crime proceeds" means any property obtained as the fruit of or in exchange for crime proceeds or any property obtained in exchange for such property so obtained, or any other property obtained through the possession or disposition of crime proceeds.

4. In this Law, "crime proceeds or the like" means crime proceeds, property derived from crime proceeds or any other property in which crime proceeds or property derived from crime proceeds is undistinguishably mixed with other kind of property.

5. In this Law, "drug crime proceeds" means drug crime proceeds provided for in Paragraph 3 of Article 2 of the Law concerning Special Provisions for the Narcotics and Psychotropics Control Law, etc. and Other Matters for the Prevention of Activities Encouraging Illicit Conducts and Other Activities Involving Controlled Substances through International Cooperation (Law No. 94 of 1991; hereinafter referred to as the "Anti-Drug Special Law").