法令番号: 勅令第311号
公布年月日: 昭和21年6月12日
法令の形式: 勅令
I hereby give my sanction to the Ordinance concerning the Punishment for Acts Prejudical to the Occupation Objectives, etc. issued under the Imperial Ordinance No. 542, 1945 relating to the orders to be issued in consequence of the acceptance of the Potsdam Declaration and cause the same to be promulgated.
Signed: HIROHITO, Seal of the Emperor
This eleventh day of the sixth month of the twenty-first year of Showa (June 11, 1946)
Countersigned: Prime Minister YOSHIDA Shigeru
Minister of Justice KIMURA Tokutaro
Imperial Ordinance No. 311
Article 1. There will be no public prosecution with reference to the following criminal cases:
1. Crimes committed by United Nations Nationals (including juridical persons belonging to United Nations).
2. Acts prejudicial to the security of the Occupation Forces, or any member thereof, or any person attached to or accompanying such forces.
3. Killing or assaulting any member of the Occupation Forces, or any person attached to or accompanying such forces.
4. Unauthorized possession, taking, receipt or disposal of property of the Occupation Forces or any member thereof, or of any person attached to or accompanying such forces.
5. Interfering with, or hindering the arrest of any person sought, or assisting in or furthering the escape of any person detained, by the Occupation Forces or by others pursuant to the direction of the Supreme Commander for the Allied Powers or his authorized subordinates.
6. Interfering with, refusing information required by, making any false or misleading statement orally or in writing to, or defrauding in any manner, any member of the Occupation Forces or any person attached to or accompanying such forces in a matter of official concern.
7. Acts on behalf or in support of any organization dissolved or declared illegal by the Supreme Commander for the Allied Powers or dissolved or declared illegal by order of the Supreme Commander for the Allied Powers.
8. Conspiracies to commit, or acts which abet or aid the commissin of, any of the foregoing offenses.
Article 2. Exceptive the crimes prescribed in the previous article public prosecution must be had in cases of crimes consisting of acts prejudicial to the objectives of the Occupation.
Public prosecution of such crimes will only be waived when jurisdiction of a particular case is assumed by Millitary Occupation Courts.
Acts prejudicial to the Occupation objectives in this Ordinanc are defined as all acts which are violations of directives to the Imperial Japanese Government issued by the Supreme Commander for the Allied Forces, and all orders issued by Occupation Force Commanders of Army, Corps or Divisions to implement the Supreme Commander for the Allied Powers' directives and all ordinances or laws promulgated by the Imperial Japanese Government in implementation of these directives.
Article 3. Chief of Prison shall detain persons designated by Military Occupation Courts of the Allied Forces, for imprisonment or for specified alternative imprisonment in lieu of payment of fines, in accordance with the directives of such courts.
In the treatment of those persons who have been detained for imprisonment or for a specified alternative imprisonment in lieu of payment of fines under the provisions of the preceding paragraph, the provisions of the Prison Law shall be applied mutatis mutandis except in those cases where the courts shall direct otherwise.
Article 4. Violations of this Ordinance, and commission of acts which are prejudicial to the objectives of the Occupation as defined herein will be punishable by imprisonment not exceeding 10 years with hard labor or a penalty in money not exceeding ¥75,000 or custody or fine.
Those mentioned in the previous paragraph can be punishable by both penal servitude or monetary penalty according to circumstances.
The provisions prescribed in the previous two paragraphs cannot be applicable in cases where specific provision for punishment has already been made by the Supreme Commander for the Allied Powers' directive or by orders of the Imperial Japanese Government supplementing such directive.
Supplementary Provisions:
The present Ordinance shall come into force as from July 15, 1946.
The following amendment shall be made to the Imperial Ordinance No. 274, 1946:
The terms "Article 1" shall be deleted and Article 2 shall be deleted.