The Police Law
法令番号: 法律第196号
公布年月日: 昭和22年12月17日
法令の形式: 法律
I hereby promulgate the Police Law.
Signed:HIROHITO, Seal of the Emperor
This seventeenth day of the twelfth month of the twenty-second year of Showa (December 17, 1947)
Prime Minister KATAYAMA Tetsu
Law No.196
CONTENTS OF THE POLICE LAW
Chapter I General Provisions
Chapter II National Rural Police
Section 1. National Public Safety Commission.
Section 2. Executive Office of the National Safety Commission
Section 3. Public Safety Commission of To (Metropolis), Do (Hokkaido) and Prefectures
Section 4. National Rural Police of To (Metropolis), Do (Hokkaido) and Prefectures
Chapter III Police of Autonomous Entities
Section 1. General Provisions
Section 2. Public Safety Commissions of Cities, Towns and Villages
Section 3. Police of Cities, Towns and Villages.
Section 4. Special Provisions concerning Special Wards
Chapter IV Relationship Between the National Rural Police and the Police of Autonomous Entities and Relationship Among the Polices of Autonomous Entities
Chapter V Exercise of Authority Outside of Jurisdiction
Chapter VI Criminal Statistics and Criminal Identification
Chapter VII Special Measures in a State of National Emergency
Chapter VIII Miscellaneous Provisions
Supplementary Provisions:
Appended List
The Police Law
In conformity with the Constitution of Japan which preserves the ideal of human liberty for the nation and with a view to furthering the principle of Local Autonomy, the National Diet for the purpose of maintaining order, strengthening the enforcement of statute, securing the maximum of human dignity through recognition of individual and communal responsibility, and establishing systems of democratic authority vasted in the people to safeguard the rights and liberties of the individual, does enact the Police Law as follows:
Chapter I General Provisions
Article 1. The Police shall have charge of protecting lives, persons and properties of the people, detecting crimes, apprehending suspects and maintaining public safety.
Activities of the police shall be strictly limited to the extent mentioned in the preceding paragraph and its authority shall never be abused in any way such as to interfare with the civil liberties and rights of the individual, as guaranteed in the Constitution of Japan.
Article 2. The term"Administrative control"as used in the present Law shall comprehend all matters relating to the organization and budget of the police as well as to personnel affairs of its officials.
The term"Operational control"as used in the present Law shall comprehend the matters relating to the following affairs:
1. Maintenance of public order;
2. Protection of life and property;
3. Prevention and of crimes;
4. Detection of crimes and apprehension of suspects;
5. Control of traffic;
6. Serving of warrants of arrest and of detention and other affairs ordered by the Court, Judge or Public Procurator and provided for by law.
The term"Crimes"as used in the present Law shall include violations of economic laws and ordinances, but shall not be limited thereto.
Article 3. The oath of office taken by all categories of personnel subject to this Law shall include the obligation to defend and uphold the Constitution and the laws of Japan.
Chapter II National Rural Police
Section 1. National Public Safety Commission
Article 4. There shall be established under the jurisdiction of the Prime Minister a National Public Safety Commission and a National Rural Police Force not to exceed 30,000 of police personnel in strength, the expenses of which shall be borne by the National Government.
The National Public Safety Commission shall take charge of the following affairs:
1. Matters concerning the maintenance and control of the police communication system (except systems connecting the headquarters of the police of autonomous entities with lower organizations within their jurisdiction), provided that the police of autonomous entities shall have access to police communication systems for the purpose of communicating with other police of autonomous entities and with the National Rural Police;
2. Matters concerning the maintenance and control of criminal identification facilities;
3. Matters concerning the maintenance and control of police education and training facilities;
4. Other matters concerning the administrative control of the National Rural Police;
5. Matters concerning criminal identification and criminal statistics;
6. Matters concerning the preparation and execution of plans for integrating the police to cope with a state of national emergency;
7. Matters concerning the control of the Imperial Guard, snd policing of those buildings and facilities occupied by the Diet, Cabinet, Ministries (including the Prime Minister's Office and Attorney-General's Office) Board of Audit and the Supreme Court within the Metropolis upon request of the agencies concerned.
Article 5. The National Public Safety Commission shall be composed of five members.
Members of the Commission shall be appointed by the Prime Minister with the consent of both Houses of the Diet from among persons who have not been in the police service or who have not the career of public servants in the Government or public offices (except those who have been either elected or appointed through the public election or the election or resolution of one or both Houses of the Diet or of the Assemblies of local autonomous entities subsequent to September 2, 1945).
If, in regard to the appointment of a member of the Commission, the House of Representatives consents, but the House of Councillors does not, the consent of the House of Representatives shall be the consent of the Diet in conformity with the instance mentioned in Article 67, Paragraph 2 of the Constitution of Japan.
A person falling under any of the following numbered items shall not be able to become a member of the Commission:
1. An incompetent or quasi-incompetent person, or a bankrupt who has not been rehabilitated;
2. A person who has been sentenced to imprisonment or a heavier punishment;
3. A person who, on and after the day of enforcement of the Constitution of Japan, has organized or joined a political party or any other organization advocating destruction by violence of the Constitution of Japan or the Government formed thereunder.
The appointment of members of the Commission shall not result in three or more of them belonging to the same political party.
Article 6. The provisions of Section 7 of Chapter III of the National Public Service Law shall apply mutatis mutandis to members of the Commission.
Members of the Commission shall not become officers of a political party or any other political organization.
Article 7. The term of office of members of the Commission shall be five years, provided that a member filling a vacancy shall remain in office during the rest of the term of office of his predecessor.
Members of the Commission may be re-appointed.
Article 8. In case a member of the Commission has come to fall under any of the items of Article 5, Paragraph 4, he shall ipso facto be relieved of his office.
The Prime Minister may, in case he considers that a member of the Commission has been incapacitated from performing his duties on account of a mental or physical defect or that he has violated his official obligations or committed a misconduct ill befitting a member of the Commission, dismiss him with the consent of both Houses of the Diet.
The Prime Minister shall dismiss the following members of the Commission with the consent of both Houses of the Diet:
1. All except two of such members of the Commission as have simultaneously come to belong to the same political party to which none of the members have belonged;
2. All except one of such members of the Commission as have come to belong to a political party to which one of the members of the Commission has already belonged.
The provisions of Article 5, Paragraph 3 shall apply mutatis mutandis to the cases mentioned in the preceding two Paragraphs.
The Prime Minister shall immediately dismiss a member of the Commission who has come to belong to a political party to which two members of the Commission have already belonged.
Except in the cases mentioned in Paragraphs 2 and 3 and the preceding paragraph, no member of the Commission shall be dismissed against his will.
Article 9. Members of the Commission shall receive a salary similar to that of the Procurator-General.
Article 10. There shall be a chairman of the Commission who shall be selected and appointed through cooptation by its members. The term of office of the chairman shall be one year, provided that he may be re-appointed.
The chairman shall preside over the affairs of the National Public Safety Commission.
Section 2 Executive Office of the National Public Safety Commission
Article 11. There shall be established in the Public Safety Commission as its executive office a headquarters of the National Rural Police to deal with the affairs concerning the matters within the authority of the National Public Safety Commision.
Article 12. 322a0196-402
There shall be appointed a Director-General in the Headquarters of the National Rural Police. The Director-General shall be appointed, and dismissed for cause, by the National Public Safety Commission in accordance with the provisions of the National Public Service Law.
Article 13. The Director-General shall be subject to the direction and supervision of the National Public Safety Commission and control the affaira of the Headquarters of the National Rural Police,
Article 14. In the Headquarters of the National Rural Police, there shall be no more than five divisions, comprising in them General Affairs Division, Police Affairs Division and Criminal Investigation Division.
There shall be attached to the Headquarters of the National Rural Police a Police College.
The Police College shall train the pre-service and in-service police personnel of the National Rural Police and also, upon request of the police of autonomous entities, may train such personnel thereof.
Article 15. In the Headquarters of the National Rural Police, there shall be an Assistant-Director, not more than five Chiefs of Divisions and police personnel, other necessary subordinate personnel and subordinate organs as provided for by the National Public Safety Commission.
The personnel mentioned in the preceding paragraph shall be appointed, and dismissed for cause, by the Director-General of the Headquarters of the National Rural Police in accordance with the provisions of the National Public Service Law.
Article 16. The whole country shall be divided into six Police Regions and there shall be established in each Police Region a Headquarters of the Police Region as a local office of the National Rural Police to take charge of the assigned affairs of the Headquarters of the National Rural Police.
The area and name of each Police Region and the location and name of the Headquarters of each Police Region shall be in accordance with the appended list.
Article 17. In the Headquarters of each Police Region, there shall be a Director, Police personnel and other necessary personnel and organs as provided for by the National Public Safety Commission. The organization shall follow the pattern as established for the National Rural Police Head-quarters.
The personnel provided for in the preceding paragraph shall be appointed, and dismissed for cause, by the Director-General of the Headquar ters of the National Rural Police in accordance with the provisions of the National Public Service Law.
Article 18. The Directors of the Headquarters of Police Regions shall be subject to the direction and supervision of the Director-General of the Headquarters of the National Rural Police, deal with the affairs of the Headquarters of Police Regions and administratively coordinate and promote the uniformity of the National Rural Poline of To, Do and Prefectures under their jurisdiction.
The Directors of the Headquarters of Pale Regions and Public Safety Commissions of To, De and Prefectures shall maintain close liaison and adequately cooperate with each other in regard in police matters.
Article 19. There shall be attached to the Henc quarters of each National Rural Police Regiona Regional Police School.
The Regional Police School shall tram the pre-service and in-service police personnel of the National Rural Police and also, upon request of the police of autonomous entities, may train such personnel thereof.
The Regional Police Schools and the Police College shall be maintained and operated by the National Rural Police.
Section 3 Public Safety Commissions of To (Metropolis), Do (Hokkaido) and Prefectures
Article 20. There shall be established under the jurisdiction of the Governers of To, Do and Prefectwn Public Safety Consmissions of To, Do and Prefectures.
The Public Safety Commissions of To, Do and Prefectures shall exercise operational control over the National Rural Police of To, Do and Prefecture.
Article 21. The Public Safety Commissions of To, Do and Prefectures shall each be composed of three members.
Members of the Commission shall be appointed by the Metropolitan, Hokkaido or Prefectural Governor with the consent of the Metropolitan, Hokkaido or Prefectural Assembly from among persons who have the right to be elected as members of the respective Metropolitan, Hokkaido or Prefectural Assembly and who have not been in the police service or have not the career of public servants in the Government or public offices (except those who have been either elected or appointed through the public election or the election or resolution of one or both Houses of the Diet of the Assemblies of local autonomous entities subsequent to September 2, 1945).
A person falling under any of the following item shall not become a member of the Comission:
1. A bankrupt who has not been rehabilitated;
2. A person whose sentence of imprisonment or a heavier punishment has been executed;
3. A person who, on and after the date of enforcement of the Constitution of Japan, has organized or jointed a political party or any other organization advocating destruction by violence of the Constitution of Japan or the Government formed thereunder.
The appointment of members of the Commission shall not result in two or more of them belonging to the same political party.
Article 22. Members of the Commision shall not be able to become concurrently memoers of the Assemblies or salaried personnel of the Metropolis, Hokkaido, Prefectures, Special Wards, cities, towns or villages, or officers of a political party or any other political organization.
In addition to the preceding paragraph, matters concerning the performance of duties of members of the Commission shall be fixed by Metropolitan, Hokkaido or Prefectural Regulations in line with the provisions of Section 7 of Chapter III of the National Public Servants Law. However, the restrictions provided for in Articles 103 and 104 of the same Law shall not apply except in case the Governors of To, Do and Prefectures consider that a member of the Commission has been incapacitated from his service;and with regard to the service of members of the Commission it shall be fixed by the Public Safety Commission of To, Do and Prefectures.
Article 23. The term of office of members of the Commission shall be three years, provided that a member filling vacancy shall remain in office during the rest of the term of office of his predecessor.
Members of the Commission may be re-appointed.
Article 24. In case a member of he Commission falls under any of the following items, he shall ipsofacto be relieved of his office:
1. In case he has come to fall under any of the Items of Article 21, Paragraph 3;
2. In case he has ceased to have the right to be elected as a member of the respective Metropolitan, Hokkaido or Prefectural Assembly.
The provisions of Articles 86, 87 and Article 88, Paragraph 2 of the Local Autonomy Law shall apply mutatis mutandis to the request of dismissal of a member of the Commissi n provided that"more than one third of the total number of persons"used in Article 86. Paragraph 1 of the same Law shall read"more than one third of the total number of persons who have the right to vote within the jurisdiction of respective National Rural Police of To, Do and Prefectures."
The Governors of To, Do and Prefectures may, in case they consider that a member of the Commission has been incapacitated from performing his duties on account of a mental or physical defect or that he has violated his official obligations or committed a misconduct ill befitting a member of the Commission, dismiss him with the consent of the Assemblies of To, Do and Prefectures.
In case two or more members of the Commission have come to belong to the same political party, such members except one of them shall be dismissed by the Governors of To, Do and Prefectures with the consent of the Assemblies of To, Do and Prefectures, provided that the Governors of To, Do and Prefectures shall immediately dismiss the members of the Commission who have come to belong to a political party to which one of the members of the Commission has already belonged.
Except in the cases mentioned in the preceding two Paragraphs, no member of the Commission shall be dismissed against his will.
Article 25. To, Do and Prefectures shall provide members of the Commission with remuneration and compensation for such expenses as they may require for performing their duties
In regard to the remuneration and compensation of expenses mentioned in the preceding Paragraph, the provisions of Article 203, Paragraph 3 and Article 206 of the Local Autonomy Law shall apply.
Article 26. There shall be a chairman in each of the Public Safety Commissions of To, Do and Prefectures who shall be selected through cooptation by the members. The term of office of the chairman shall be one year, provided that he may be reappointed.
The chairman shall preside over the affairs of the Public Safety Commission of the respective To, Do and Prefectures.
Section 4 National Rural Police of To (Motropolis), Do (Hokkaido) and Prefectures
Article 27. The National Rural Police of To, Do and Prefectures shall, within the boundaries of the respective To, Do and Prefecture (except the areas under the jurisdiction of the police of autonomous entities), carry out those functions as listed in Article 2, Paragraph 2.
Article 28. There shall be established not more than one To or Prefecture headquarters of the National Rural Police within each To and Prefecture at the places where the Governments of To and Prefeeture are situated. In Do (Hokkaido) there shall be established not more than 14 headquarters of the National Rural Police in the administrative sub-divisions, one of which shall be at the place where the Government of Do (Hokkaido) is situated.
The area under the jurisdiction of the National Rural Police of To, Do and Prefectures shall be divided into Police Districts, and there shall be established a police station for each Police District.
The area of each Police District and the location, name and jurisdiction of each police station shall be determined by the National Rural Police.
There shall be established police boxes or police sub-stations as lower organizations of police stations.
Article 29. There shall be established branches of the National Rural Police of To, Do and Prefectures at necessary places to have charge of liaison between the National Rural Police of To, Do and Prefectures and the police of autonomous entities and the maintenance and control of the police communication systems under the jurisdiction of the National Rural Police.
Article 30. The Chiefs of the Headquarters of the National Rural Police of To, Do and Prefectures (hereinafter to be called the Chiefs of Police of To, Do and Prefectures) shall be appointed, and dismissed for cause, by the Directors of the Headquarters of Police Regions with the consent of the Director-General of the Headquarters of the National Rural Police in accordance with the provisions of National Public Service Law.
Article 31. The Chiefs of Police of To, Do and Prefectures shall be subject to the operational control of the Public Safety Commissions of To, Do and Prefectures and subject to the administrative control of the Directors of Police Regions.
Article 32. The Chiefs of Police of To, Do and Prefectures shall control the police communication systems under the jurisdiction of the National Rural Police which are within the boundaries of the respective To, Do and Prefectures.
Article 33. There shall be established in the National Rural Police Headquarters of To, Do and Prefecturers necessary divisions and sections (including structures concerning criminal identification and criminal statistics).
Article 34. There may be attached to the National Rural Police of To, Do and Prefectures Police Schools of To, Do and Prefectures.
The Police Schools of To, Do and Prefectures shall train the pre-service and in-service police personnel of the National Rural Police and also, upon request of the police of autonomous entities, may train such personnel thereof.
Article 35. In the National Rural Police of To, Do and Prefectures, there shall be police personnel who are Superintendents, Inspectors, Assistant inspectors, Sergeants and Policemen, and other necessary personnel, in addition to the Chief of Police.
Ranks of police personnel shall be Chief of Police, Superintendent, Inspector, Assistant Inspector, Sergeant and Policeman.
Police personnel shall take charge of police affairs subject to the direction and supervision of their superiors.
Article 36. The personnel mentioned in the preceding Article, Paragraph 1 shall be appointed, and dismissed for cause, by the Chiefs of Police of To, Do and Prefecture in accordance with the provisions of the National Public Service Law, provided that no such personnel shall be placed on duty with the National Rural Police until he has undergone a course of basic police training.
Necessary matters concerning the oath, training and education, formality and uniform of police personnel shall be determined by the National Public Safety Commission.
Article 37. The chiefs of police stations shall be Superintendents or Inspectors.
The chiefs of police stations shall be subject to the direction and supervision of the Chiefs of Police of To, Do and Prefectures, execute police affairs within their jurisdiction and direct and supervise the personnel of police stations.
Article 38. The chiefs of police sub-stations shall be Inspectors or Assistant Inspectors.
The chiefs of police sub-stations shall be subject to the direction and supervision of the Chiefs of Police of To, Do and Prefectures, execute the affairs provided for in Article 29 and direct and supervise the personnel of police sub-stations.
Article 39. Detailed matters concerning the organs and officials of the National Rural Police of To, Do and Prefectures shall be fixed by the National Public Safety Commission.
Chapter III Police of Autonomous Entities.
Section 1 General Provisions
Article 40 Cities ane urban communities having five thousand population or over (hereinafter called cities, towns and villages) shall be responsible for the maintenance of police and enforcement of law and order within their boundaries.
The urban communities provided for in the preceding paragraph shall be given public notice by Cabinet Order in accordance with the population based on the latest census announced in the Official Gazette.
Article 41. The police of cities, towns and villages shall perform all functions in matters listed in Article 2, Paragraph 2.
Article 42. Expenses necessary for the police of autonomous entities shall be bolne by the respective cities, towns and villages.
Section 2 Public Safety Commissions of Cities, Towns and Villages
Article 43. There shall be established under the jurisdiction of the mayors of cities and headmen of towns and villages Public Safety Commissions of cities, towns and villages to control the police within the boundaries of the respective city, town and village.
Article 44.. In regard to the organization and operation of the Public Safety Commissions of cities, towns and villages and the qualification, appointment, prohibition of the concurrent holding of other offices, performance of duties, term of office, retirement, dismissal, remuneration and compensation of expenses of members of such Commissions, the provisions of Articles 21 to 23 inclusive, Article 24, Paragraphs 1, 3 to 5 inclusive, Articles 25 and 26 shall apply mutatis mutandis, provided that in case a member of the Commission is to be dismissed in consequence of the request of dismissal in accordance with the provisions of the Local Autonomy Law, he shall lose his office irrespective of the provisions of Article 24, Paragraph 5. And"To, Do and Prefectures"as used in Articles 21 to 26, inclusive shall read"cities, towns and villages,""Governors of To, Do and Prefectures"as used therein shall read"mayors of cities and headmen of towns and village"and"regulations of To, Do and Prefectures"as used therein shall read"regulations of cities, towns and villages."
Section 3 Police of Cities, Towns and Villages
Article 45. There shall be established one or more police stations in each city, town and village.
Where there are two or more police stations, there shall be established a Headquarters of the Police of cities, towns and villages.
The location, name and jurisdiction of each police station and the name and organization of the Headquarters of the Police of cities, towns and villages shall be determined by By-laws of cities, Towns and Villages after consulting with the Public Safety Commissions of cities, towns and villages.
Article 46. In the police of cities, towns and villages there shall be a Chief of Police and police personnel of the ranks necessary and consistent with efficient policing in accordance with the provisions of this Law.
The provisions of Article 35, Paragraphs 2 and 3 shall apply mutatis mutandis to the police personnel of cities, towns and villages referred to in the preceding paragraph.
The fixed number of police personnel of cities, towns and villages shall be determined by the local entities under By-laws in accordance with local requirements, and shall not exceed 95,000, provided that until such time as local autonomy in financial matters has been established the fixed number of police personnel of cities, towns and villages shall be in accordance with the standards fixed by Cabinet Order. Such standards shall be fixed according to the population of cities, towns and villages and according to the ranks of police personnel necessary for efficient policing, administration of police and supervision of police. Such standards shall also specify the numbers and types of professional, technical, clerical and maintenance employees necessary for efficient policing in accordance with city, town and village population. Readjustment in the allocation of the total personnel strength of 95,000 shall be made only through legislation enacted by the Diet after such time as local autonomy in financial matters has been established.
Article 47. The Chiefs of Police of cities, towns and villages shall be appointed, and dismissed for cause, by the Public Safety Commissions of cities, towns and villages in accordance with By-law.
Article 48. The Chiefs of Police of cities, towns and villages, in accordance with the standards fixed by the Public Safety Commission, shall appoint, and dismiss for cause, the police personnel of the respective city, town and village. They shall also direct and supervise such personnel.
Article 49. The chiefs of police stations shall be police personnel not lower than Assistant Inspectors. However, the Chiefs of Police of cities, towns and villages may hold such offices concurrently.
The chiefs of police stations shall be subject to the direction and supervision of their superiors, execute police affairs within their jurisdiction and direct and supervise the personnel subordinate to them.
Article 50. The appointment and dismissal, allowance, performance of duties and other matters of police personnel shall be fixed by By-laws of cities, towns and villages in line with the spirit of the National Public Service Law, provided that such persons as have not undergone a course of basic police training shall not be placed on duty with the police of cities, towns and villages except as temporary personnel thereof.
Necessary matters concerning the oath, education and training, formality and uniform of municipal police personnel shall be fixed by municipal regulations in line with the regulations to be determined by the National Public Safety Commission as provided for in Article 36, Paragraph 2, provided that the uniform shall be easily distinguishable from that of the National Rural Police.
Section 4 Special Provisions concerning Special Wards
Article 51. In area where special wards exist, the Wards shall be collectively responsible for police within the areas of such wards:
Article 52. For such special wards there shall be established one Special Ward Public Safety Commission corresponding to Public Safety Commission of cites touns and villages, under the jurisdiction of the Governor of To, and members thereof shall be selected and appointed by the Governor of to with the consent of the Metropoktan Assembly.
Article 53. Except the matters provided for in the preceding two Articles, areas where special wards exist shall be considered as a city so far as the Municipal police in such areas is concerned, and the provisions concerning the Municipal Police shall apply mutatis mutandis.
Chapter IV Relationship Between the National Rural Police and the Police of Autonomous Entities, and Relationship Among the Polices of Autonomous Entities
Article 54. There shall exist neither administrative not operational control by the National Rural Police over the police of cities, towns and villages. These polices shall be obligated to cooperate with each other.
Article 55. The police personnel of the National Rural Police may, at the request of the Public Safety Commissions of cities, towns and villages for assistance, exercise their authority in the area of the respective city, town and village under the operational control of the Public Safety Commission of the city, town or village which made the request for assistance.
Article 56. The Chiefs of Police of To, Do and Prefectures shall maintain close liaison with the Chiefs of Police of cities, towns and villages within To, Do and Prefectures.
Chapter V Exercise of Authority Outside of Jurisdiction
Article 57. The National Rural Police and the Police of cities, towns and villages shall, in regard to a crime committed in an area within five hundred meters outside of the boundaries of the jurisdiction of the respective National Rural Police. of To, Do and Prefectures or the Police of cities, towns and villages, exercise their authority also in that area.
Article 58. The National Rural Police and the Police of cities, towns and villages may, with regard to specific individual cases of criminal operations which have been conducted within the area under their jurisdiction (including here and hereinafter in this Article any area within five hundred meters outside of the boundaries of their jurisdiction) or originated in, or extended into, the area under their jurisdiction, extend their authority beyond the boundaries of their jurisdictions for the suppression and detection of such operations and apprehension of suspects.
Article 59. In those cases where the National Rural Police maintains facilities within the autonomous entities and in those cases where the autonomous entities maintain facilities within areas outside their boundaries, the National Rural Police and Police of such autonomous entities respectively shall exercise police power and jurisdiction over such facilities.
Chapter VI Criminal Statistics and Criminal Identification
Article 60. The Chiefs of Police of cities, towns and villages shall on forms and in the manner provided for by the National Public Safety Commission make reports of criminal statistics and of criminal identification consisting of evidence, photographs, fingerprints, physical description and criminal characteristics of suspects and arrested individuals to the Director-General of the Headquarters of the National Rural Police, through the Chiefs of Police of To, Do and Prefectures.
Article 61. There shall be established facilities for criminal identification in the Headquarters of the National Rural Police, and the Headquarters of the National Rural Police of To, Do and Prefectures.
Chapter VII Special Measures in a State of National Emergency
Article 62. If deemed especially necessary for the maintenance of peace and order in a state of national emergency the Prime Minister may, upon the recommendation of the National Public Safety Commission, issue a proclamation of a state of national emergency in respect of the country as a whole or any part of it.
The proclamation mentioned in the preceding paragraph shall set forth the area, outline of the situation and date of the effectivation of the proclamation.
Article 63. When the proclamation mentioned in the preceding Article has been issued, control over the whole police shall be temporarily assumed by the Prime Minister in accordance with the provisions of the present Law. In this case the Director-General of the Headquarters of the National Rural Police or the Director of the Headquarters of the Police Region shall give necessary orders to, or direct, the Chiefs of Police of To, Do and Prefectures or the Chiefs of Police of cities, towns and villages within the area set forth in the proclamation.
Article 64. The Prime Minister may order the National Rural Police or the Police of cities, towns and villages outside of the area set forth in the proclamation to dispatch to necessary areas the whole or a part of police personnel for assistance.
The police personnel dispatched in accordance with the provisions of the preceding paragraph may perform their duties also in the area to which they have been dispatched during the period of their mission there.
Article 65. The proclamation of a state of national emergency by the Prime Minister according to Article 62 must be ratified by the Diet within twenty days of the date of the proclamation. If the House of Representatives is dissolved, such ratification shall be obtained from the House of Councillors convoked in emergency session provided for in Article 54 of the Constitution of Japan.
If no ratification of the proclamation of a state of national emergency has been made according to the provisions of the preceding paragraph within the period mentioned therein or if the ratification has been rejected, the proclamation of a state of national emergency shall lose its effect for the future.
Article 66. The Prime Minister shall, in case he has proclaimed a state of national emergency, promptly proclaim the rescission of the former proclamation when he deems that it necessity has ceased to exist. He must do so if the Diet so_directs.
In regard to the proclamation of the rescission mentioned in the preceding paragraph and other duties of the Prime Minister provided for in the present Law, the National Public Safety Commission shall always give necessary advice to the Prime Minister.
Chapter VIII Miscellaneous Provisions
Article 67. The relationship between the Public Safety Commissions of To, Do and Prefectures, Public Safety Commissions of cities, towns and villages and police personnel on the one hand and the Public Procurators on the other shall be otherwise determined by law.
The National Public Safety Commission shall constantly maintain close liaison with the Procurator-General.
Article 68. In case an alteration has taken place in the area which shall be under the jurisdiction of the National Rural Police of To, Do and Prefectures and the area which shall be under the jurisdiction of the Police of cities, towns and villages, or in case an area which shall be under the jurisdiction of the Police of one city, town or village, or two or more cities, towns and villages has been divided into areas which shall be under the jurisdiction of the Police of two or more cities, towns and villages or has become an area which shall be under the jurisdiction of the Police of one city, town or village, measures consequent upon the alteration of jurisdiction shall be completed not later than fifty days from the day the alteration has become necessary.
Until the measures mentioned in the preceding paragraph have been completed, the former police jurisdiction shall prevail in the area concerned. In the case of the latter part of the preceding paragraph, duties of the former mayor of a city or headman of a town or village shall be performed by mayors of cities and headmen of towns and villages of two or more areas through mutual consultation or by the mayor of a city or the headman of a town or village.
Supplementary Provisions:
Article 1. The date of enforcement of the present Law shall be fixed by Cabinet Order in respect of each provision within a period not exceeding ninety days of the day of its enactment.
Article 2. The term of office of the members of the National Public Safety Commission to be appointed for the first time after the enforcement of the present Law shall be one year for one of the five members, two years for one member, three years for one member, four years for one member, and five years for one member.
The term of office for each member provided for in the preceding paragraph shall be determined by the Commission by lot.
Article 3. The term of office of the members of the Public Safety Commissions of To, Do and Prefectures and the Public Safety Commissions of cities, towns and villages to be appointed for the first time after the enforcemenr of the present Law shall be one year for one of the three members, two years for another and three years for another.
The term of office for each member provided for in the preceding paragraph shall be determined by the respective Commission by lot.
Article 4. The National Public Service Law shall be considered as already in effect within the extent necessary for the application of the present Law.
In case mentioned in the preceding paragraph, the authority of the National Personnel Commission shall, pending its establishment as provided for in the National Public Service Law, be exercised by the Temporary National Personnel Commission in comformity with the instance mentioned in Article 2 of the Supplementary Provisions of that Law.
Article 5. During one year after the enforcement of the present Law, the personnel in charge of the National Rural Police or the police of autonomous entities may, in case there exists no list of candidates for appointment or in case there is especial necessity, be temporarily appointed from among the persons who have qualifications necessary for such officials of the central government or the local governments as are corresponding to the respective personnel in accordance with the existing laws and orders.
Article 6. The appointment and dismissal, allowances and performance of duties of the police personnel of the National Rural Police and other necessary matters concerning such personnel shall still conform for the time being to existing instances of the police personnel of the Metropolitan Police Board and Prefectures, pending the establishment of rules of the National Personnel Commission concerning police personnel or the determination by the National Public Safety Commission in accordance with the provisions of Article 36, Paragraph 2.
Article 7. In case an official of the National Government who is in the service of the Metropolitan Police Board or the Hokkaido or Prefectural Police Division at the time of the enforcement of the present Law has consecutively become a member of the personnel of the Municipal Police, he shall be considered as being in service with the same status as before, and the provisions of the Pension Law shall apply to him mutatis mutandis for the time being. In case this member of the personnel of the Municipal Police has become a member of the personnel of the National Rural Police, his tenure of office as a member of the personnel of the Municipal Police shall be added to the years of his service as a public servant.
In case an official of the Metropolis, Hokkaido of a Prefecture who is in the service of the Metropolitan Police Board or the Hokkaido or Prefectural Police Division has consecutively become a member of the personnel of the National Rural Police, his tenure of office as an official of the Metropolis, Hokkaido or Prefecture shall be added to the years of his service as a public servant so far as the application of the Pension Law is concerned.
Article 8. Expenses necessary for the Police of cities, towns and villages shall be borne by the National Treasury and the Metropolis, Hokkaido and prefectures as provided for by Cabinet Order until such time as local autonomy in financial matters has been established.
Expenses necessary for the National Rural Police shall be borne by the National Treasury and the Metropolis, Hokkaido and prefectures until the time mentioned in the preceding paragraph.
In regard to the appointment of police expenses to the National Treasury and to the Metropolis, Hokkaido and Prefectures, existing instances shall still be followed until the time mentioned in Paragraph 1.
Article 9. In cases where municipalities newly assume respensibility for police on or after the enforcement of the present Law, State property and Metropolitan or Prefectural property or the goods owned by the State, Metropolis, Hokkaido or Prefectures which is or are actually being used for police and surplus to the needs of National Rural Police shall, if needed by the Municipal Police, be transferred without compensation to the respective municipality; provided that, in case there is a debt pertaining to such property or goods, the disposition of them shall be determined by mutual consultation.
Article 10. Criminal identification facilities, police communication systems and police education and traning facilities under the control of the Metropolitan Police Board or the Police Division of Do, and Prefectures at the time of the enforcement of the present Law shall be maintained and controlled by the National Rural Police except the Training Schools at Atago-cho, Minato-ku, Tokyo-to and in the Palace grounds of the present Metropolitan Police Board which shall be transferred to the municipal police of Special Wards of Tokyo-to.
Article 11. All Affairs Unions and Office Affairs Unions of towns and villages existing at the time of the enforcement of the present Law shall be considered as a town or a village so far as the app ication of the provisions of the present Law is concerned.
Article 12. "The respective administrative organ"as used in Articles 1 and 2 of the Administrative Enforcement Law shall mean"the chiefs of police stations as used in Articles 37 and 49,"and"the respective administrative organ"as used in Articles 3 to 5 inclusive and"the administrative organs"as used in Article 6 of the abovementioned Law shall include"the chiefs of police stations"as used in Articles 37 and 49.
Article 13. Municipalities shall assume responsibility for police within their boundaries in accordance with the provisions of Article 40, Paragraph 1, as from the day the Public Safety Commission has been formed and necessary police personnel have been appointed in the respective municipality by the application of the provisions of the present Law concerning the Police of Autonomous Entities provided that the day shall not be later than ninety days after the enactment of the present Law.
Article 14. In cases where municipalities have come to assume responsibility for police within their boundaries in accordance with the provisions of the preceding Article, the Metropolitan Police Board or the Hokkaido or Prefectural Police Division shall perform its duties as the National Rural Police until the provisions of the present Law concerning the National Rural Police have taken effect.
Article 15. Part of the Local Autonomy Law shall be amended as follows:
In Article 13, Paragraph 2,"members of electoral administration committee or inspection commissioners"shall read"members of electoral administration committee, inspection commissioners or members of public safety commission of city, town or village."
In Article 21, Paragraph 2,"a police officer"shall read"a member of national police force,"and"a member of public safety commission of an ordinary local public body and a member of municipal police force"shall be added next to"a revenue offiicer."
In Article 86, Paragraph 1 and Article 88, paragraph 2,"electoral administration committee or inspection commissioner"shall read"electoral administration committee, inspection commissioners or members of public safety commission of city, town or village."
In Article 121,"an inspection commissioner"shall read"an inspection commissioner and member of public safety commission."
In Article 125,"or its inspection commissioners"shall read"its inspection commissioners or the public safety commission of the city, town or village concerned."
In Article 130, Paragraph 1,"a police officer"shall read"a police officer with competent jurisdiction."
In Article 158, Paragraph 1,"
matters relating to police"and"Police Division
"shall be deleted.
In Article 160, Paragraph 2, a police officer"shall read"a police officer with competent jurisdiction."
In Article 173, Paragraph 1,"educational officials or police officials"shall read"educational officials."and the same Article, Paragraph 5 shall be deleted.
In Article 277,"Article 145'shall read"Article 121, Article 145."
The proviso of Article 1 of the Supplementary Provisions shall be deleted.
In Article 4 of the Supplementary Provisions,"(excluding the Metropolitan Police Board, same hereinafter)"shall be deletded.
Article 7 of the Supplementary Provisions shall be amended as follows:
Article 7 (deleted)
Article 16. Part of the Law. concerning the Election of the Members of the House of Representatives shall be amended as follows:
In Article 9,"and a police officer"shall read"a member of national police force, a member of the public safety commission of the Metropolis, district, urban or rural prefecture, city, town or village and a member of municipal police force."
In Article 40"a police officer"shall read"a police officer with competent jurisdiction."
In Article 41,"a police officer"shall read"a police officer with competent jurisdiction."
In Article 112, Paragraph 2 and Article 113, Paragraph 2,"a police officer"shall read"a member of the public safty commission of the Metropolis, district, urban or rural prefecture, city, town or village or a member of national police force or a member of municipal police force"and"the Metropelis, district, urban or rural prefecture concerned"shall read"the areas concerned."
In Article 121, Paragraph 2,"a police officer"shall read"a police officer with competent jurisdiction."
In Article 124,"a police officer"shall read"a police officer with competent jurisdiction"
Article 17. A Part of the Law concerning the Election of the Members of the House of Councillors shall be amended as follows:
In Article 7,"and a police officer"shall read"a member of national police force, a member of the public softy commission of the Metropolis. district, urban or rural prefecture, city, town or villagd and a member of municipal police force."
Article 18. Part of the Law concerning People's Examination of Supreme Court Judges shall be amended as follows:
In Article 44 Paragraph 2,"a police officer"shall read"a member of the public safety commission of the Metoropolis. urban, or rural prefecture, city, town or village, a member of national police force, or a member of municipal police force"and"the Metropolis, district, urban or rural prefecture concerned"shall read"the areas concerned."
Article 19. Provisions in other laws and ordinance relating to a police officer shall be deemed to refer to a police official with competent jurisdiction.
Appendix List
List of the Area and
Name of Each Police Region and
the Location and Name of the Headquarters of Each Police Region Area of Police Region
Name of Police Region Location of Headquarters of Police Region Name of Headquarters of Police Region
Hokkaido
Sapporo Police Region
Sapporo City
Headquarters of the Sapporo Police Region
Miyagi-ken, Fukushima-ken, Iwate-ken, Aomori-ken, Yamagata-ken Akita-ken
Sendai ,,
Sendai ,, ,,
Sendai ,,
Tokyo-to, Kanagawa-ken, Niigata-ken, Saitama-ken, Gumma-ken, Chiba-ken, Ibaragi-ken, Tochigi-ken, Shizuoka-ken, Yamanashi-ken, Nagano-ken
Tokyo ,,
Tokyo Metropolis ,,
Tokyo ,,
Osaka-fu, Kyoto-fu, Hyogo-ken, Nara-ken, Shiga-ken, Wakayama-ken, Aichi-ken, Mie-ken, Gifu-ken, Fukui-ken, Ishikawa-ken, Toyama-ken
Osaka ,,
Osaka City ,,
Osaka ,,
Hiroshima-ken, Tottori-ken, Shimane-ken, Okayama-ken, Yamaguchi-ken, Kagawa-ken, Ehime-ken, Tokushima-ken, Kochi-ken
Hiroshima ,,
Hiroshima ,, ,,
Hiroshima ,,
Fukuoka-ken, Saga-ken, Nagasaki-ken, Kumamoto-ken, Oita-ken, Miyazaki-ken, Kagoshima-ken
Fukuoka ,,
Fukuoka ,, ,,
Fukuoka ,,
Minister for Home Affairs KIMURA Kozaemon
Prime Minister KATAYATA Tetsu