Commutation Ordinance
法令番号: 勅令第512号
公布年月日: 昭和21年11月3日
法令の形式: 勅令

審議経過

I hereby give My Sanction to Commutation Ordinance and cause the same to be promulgated.
Signed: HIROHITO, Seal of the Emperor
This third day of the eleventh month of the twenty-first year of Showa (November 3, 1946)
Countersigned: Prime Minister and concurrently Minister for Foreign Affairs　YOSHIDA Shigeru
Minister of State　Baron　SHIDEHARA Kijuro
Minister of Justice　KIMURA Tokutaro
Minister for Home Affairs　OMURA Seiichi
Minister of Education　TANAKA Kotaro
Minister of Agriculture and Forestry　WADA Hiroo
Minister of State　SAITO Takao
Minister of Communications　HITOTSUMATSU Sadayoshi
Minister of Commerce and Industry　HOSHIJIMA Niro
Minister of Welfare　KAWAI Yoshinari
Minister of State　UEHARA Etsujiro
Minister of Transportation　HIRATSUKA Tsunejiro
Minister of Finance　ISHIBASHI Tanzan
Minister of State　ZEN Keinosuke
Minister of State　KANAMORI Tokujiro
Imperial Ordinance No. 512
Commutation Ordinance
Article 1.　With respect to persons who were sentenced to imprisonment or graver penalty before November 3, 1946 and now are prior to execution of punishment, suspended from execution, under execution, suspended temporarily from execution or released on a ticket-of-leave, the penalty shall be commuted by the present Ordinance,
but this shall not apply to those who have taken flight to be exempted from execution of punishment.
Article 2.　Capital punishment shall be mitigated to penal servitude for life.
Article 3.　Penal servitude for life shall be lowered to penal servitude for a period of twenty years, and imprisonment for life to imprisonment for a period of twenty years; but in respect to persons who are not less than seventy years of age on November 3, 1946 or less than sixteen years at the time of committing offences, each penalty shall be lowered to penal servitude or imprisonment for a period of fifteen years.
Article 4.　Penal servitude or imprisonment for a term shall be altered in term according to the following rules;
1.　With respect to persons who are prior to execution of punishment, one-fourth of the term of penalty shall be reduced;
2.　With respect to persons who are under execution, one-half of the remaining term shall be reduced,
but the rule of the preceding item shall govern those who have been executed for less than one-half of the term;
3.　With respect to persons who are not less than seventy years of age on November 1, 1946 or less than sixteen years at the time of committing offences, one-third of the term shall be reduced, without following the rules of the preceding two items.
The rules of the preceding paragraph shall govern the minimum and maximum term in cases where sentences are passed fixing the minimum and maximum term of penalties; but the provisions of item 2 of the preceding paragraph shall apply to the maximum term of penalties which were imposed upon those persons of not less than sixteen years of age at the time of committing offences who had passed the minimum term thereof.
In cases fractions of year, month or day are produced on the occasion of calculation prescribed in the preceding two paragraphs, one year shall be reckoned as Twelve months and one month as thirty days; and fractions of days shall be omitted.
Article 5.　Penalties imposed upon the following offences shall not be reduced;
1.　Offences prescribed in Articles 73 and 75 of the Criminal Code;
2.　Offences prescribed in Article 108 of the Criminal Code, and attempted but not consummated committal thereof;
3.　Offences prescribed in Article 148 of the Criminal Code, and attempted but not consummated committal thereof;
4.　Offences prescribed in Article 181 of the Criminal Code;
5.　Offences prescribed in Article 200 of the Criminal Code, and attempted but not consummated committal the thereof;
6.　Offences committed against lineal ascendants of himself or herself or his or her spouse, prescribed in Article 204 of the Criminal Code;
7.　Offences prescribed in Article 205, paragraph 2 of the Criminal Code;
8.　Offences prescribed in Article 218, paragraph 2 of the Criminal Code, and the offences of causing death or wounds by reason of committing them;
9.　Offences prescribed in Article 220, paragraph 2 of the Criminal Code, and the offences of causing death or wounds by reason of committing them;
10.　Offences prescribed in Articles 236, 238 to 241 of the Criminal Code, and attempted but not consummated committal thereof;
11.　Offences against the Special Criminal Law in Wartime which are equal in nature to the offences prescribed in every preceding item;
12.　Offences prescribed in Article 86 paragraph 2, Article 88 and Article 88-2 paragraph 2 of the Military Criminal Code, and attempted but not consummated committal thereof;
13.　Offences prescribed in Article 86 paragraph 2, Article 88 and Article 88-2 paragraph 2 of the Naval Criminal Code, and attempted but not consummated committal thereof;
14.　Offences prescribed in the old Laws; which are equal in nature to the offence mentioned in every preceding item;
15.　Offences prescribed in Article 2, paragraphs 1 and 2 of the Imperial Ordinance No. 90, 1946, and attempted but not consummated committal thereof;
16.　The offences which are composed of acts against the Allied occupation, particularly those mentioned in the Imperial Ordinance No. 311, 1946, Article 1, items 2 to 8 inclusive or Article 2, paragraph 3;
17.　Offences prescribed in Laws and Ordinances of Korea, Formosa, the Kwantung province or the South Sea Islands, which are equal in nature to the offences mentioned in every preceding item.
Article 6.　Commutation shall not be granted in cases where concurrent offences about which only one sentence was passed concurrently should contain offences mentioned in the preceding Article.
The same shall apply in cases where acts constituting offences other than those mentioned in the preceding Article should at the same time constitute offences prescribed in the said Article, or be means or results of offences mentioned in the said Article.
Article 7.　Commutation shall not be granted to those persons who, while sentenced to imprisonment or graver penalties, were granted special amnesty, commutation or rehabilitation not in accordance with the Imperial Ordinance within fifteen years before November 3, 1946, and were sentenced again to imprisonment or graver penalties within seven years thereafter.
Supplementary Provision:
The present Ordinance shall come into force as from the day of its promulgation.