法令番号: 法律第124号
公布年月日: 昭和22年10月26日
法令の形式: 法律
I hereby promulgate the Law for the Partial Amendments of the Penal Code.
Signed:HIROHITO, Seal of the Emperor
This twenty-sixth day of the tenth month of the twenty-second year of Showa (October 26, 1947)
Prime Minister KATAYAMA Tetsu
Law No.124
Part of the Penal Code shall be amended as follows:
In Table of Contents, "Chapter 6. Prescription" shall read "Chapter 6, Prescription and Extinction of Punishments" and "Chapter 1, Crimes Against the Imperial House" shall read "Chapter 1. Deleted" and "Chapter 7-(2) Crimes Against Peace and Order" shall be deleted.
In Article 1, Par.1, "within the Empire" shall read "within the state of Japan" and in Par.2 of the same Article, "outside the Empire" and "ships of the Empire" shall read "outside the state of Japan" and "ships of the state of Japan" respectively.
In Article 2, "outside the Empire" shall read "outside the state of Japan" , and in Item 3 of the same Article, "to 89" shall read "82, 87 and 88" , and Item 1 of the same Article shall be amended as follows:
1. Deleted.
In Article 3, Par.1, "outside the Empire" and "every Japanese subject" shall read "outside the state of Japan" and "any of the Japanese people" respectively, and Par.2 of the same Article shall be deleted.
In Article 4, "outside the Empire" shall read "outside the state of Japan" and "of the Empire" shall read "of the state of Japan."
In Article 5, "may be" shall read "shall be."
In Article 20, "the preceding Article" shall read "Article 19."
In Article 25, "penal servitude or imprisonment for not exceeding two years" shall read "penal servitude or imprisonment for not exceeding three years or a fine not more than \50.00."
To Article 26, the following paragraph shall be added:
When a further crime has been committed within the period of suspension and a sentence of fine is received, the former sentence suspending the execution of punishment may be revoked.
"Chapter 6. Prescription" shall read "Chapter 6. Prescription and Extinction of Punishments"
In Book 1, Chapter 6, next to Article 34 shall be added the following new Article:
Article 34-(2). When ten years have elapsed for any person against or for whom the execution of the former punishment of imprisonment or of graver punishment was completed or remitted without his being sentenced to a fine or graver punishments, the sentence shall lose its effect. When five years have elapsed for any person against or for whon the execution of a fine or lesser punishments was completed or remitted without his being sentenced to a fine or graver punishments, the same shall apply as in the preceding paragraph.
When two years have elapsed for any person for whom the remitted of the former punishment was sentenced without his being sentenced to a fine or graver punishments after the said sentence having become final, the sentence remitting the punishment shall lose its effect.
Article 55. Deleted.
Article 58. Deleted.
"Chapter 1. Crimes Against the Imperial House" shall read "Chapter I. Deleted."
Articles 73 to 76. Deleted.
Article 81. Every person who conspired with any foreign state and thereby caused the said state to use force of arm against the state of Japan, shall be condemned to death.
Article 82. Every person who, when a foreign state used force of arm against the state of Japan, has entered into the military service of the said state siding with it or has benefited it militarily shall be condemned to death or punished with penal servitude for life or not less than two years.
Articles 83 to 86. Deleted.
In Article 87, "the preceding six Articles" shall read "Articles 81 and 82."
In Article 88, "to 86" shall read "and 82."
Article 89. Deleted.
Articles 90 and 91. Deleted.
In Article 105, "there shall be no punishment" shall read "the punishment may be remitted."
"Chapter 7-(2) Crimes Against Peace and Order" and Articles 105-(2) to 105-(4) shall be deleted.
Article 131. Deleted.
In Article 132, "this Chapter" shall read "Article 130" .
In Article 174, "a minor fine" shall read "penal servitude not exceeding six months or a fine not more than 500 yen or detention or a minor fine."
In Article 175, "a fine of not more than 500 yen or" shall read "penal servitude not exceeding two years or a fine not more than 5000 yen or."
Article 183. Deleted.
In Article 193, "not exceeding six months" shall read "not exceeding two years."
In Article 194, "not exceeding seven years" shall read "not exceeding ten years."
In Article 195, Par.1, "not exceeding three years" shall read "not exceeding seven years."
In Article 208, Par.1, "not exceeding one year" and "not more than 50 yen" shall read "not exceeding two years" and "not more than 500 yen" respectively, and Par.2 of the same Article shall be deleted.
To Article 211 shall be added the following provision:
The same shall apply to the person who, by gross negligence, has caused death or wound of another person.
In Article 222, Par.1, "not exceeding one year" and "not more than 100 yen" shall read "not exceeding two years" and "not more than 500 yen" respectively.
In Article 226, "outside the Empire" shall read "outside the state of Japan."
In Article 230, Par.1, "not exceeding one year" and "not more than 500 yen" shall read "not exceeding three years" and "not more than 1000 yen" respectively.
Article 230-(2). When the act of Par.1 of the preceding Article is deemed to have been committed in allegation of the facts having relation to the public interest and primarily for the public benefit, if, on inquiry into the facts, the truth thereof be established, the said act shall not be punishable.
In applying the provision of the preceding paragraph, the facts concerning a criminal act committed by person who has not yet been prosecuted in relation thereto shall be deemed the facts having relation to the public interest.
When the act of Par.1 of the preceding Article has been committed in allegation of the facts concerning a public official or a candidate for elective public office, if, on inoquiry into the facts, the truth thereof be established, the said act shall not be punishable.
To Article 232 shall be added the following paragraph:
When a person who may make a complaint is the Emperor, Empress, Grand Empress Dowager, Empress Dowager or the Imperial Heir, the Prime Minister shall make it in his or her behalf or when such person is Sovereign or President of a foreign state, the Representative thereof shall make it in his or her behalf.
In Articles 244 and 257"or members of the house shall be deleted.
Supplementary Provisions:
The date of enforcement of the present Law shall be fixed by the present Law shall come into force as from the day after the lapse of twenty days Cabinet Order reckoning from the day of its promulgation.
The amended provision of Article 26, Par.2 shall not apply to the case where a person sentenced guilty with the suspension of the execution of punishment has committed further crime before the coming into force of the present Law.
The amended provision of Article 34-(2) shall also apply to the person a against or for whom the punishment was sentenced or remitted before the coming into force of the present Law.
Irrespective of the amended provisions of Article 55, Article 208, Par.2, latter part of Article 211, Articles 244 and 257, the acts committed before the coming into force of the present Law shall be subject to tne provisions hitherto in force.
Minister of Justice SUZUKI Yoshio
Prime Minister KATAYAMA Tetsu