Penal Code of Japan

(extract - provisions relating to Cybercrimes or computer crimes)

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Article 1 - Crimes within Japan

1. This Code shall apply to every person who commits a crime within the territory of Japan.

2. The provision of the preceding paragraph shall also apply to a person who commits a crime on board a Japanese vessel and or a Japanese aircraft outside the territory of Japan.

Article 2 - Crimes outside Japan

This Code shall apply to every person who commits any of following crimes outside the territory of Japan:

(1)-(4) omitted.

(5) Crimes specified in Article 154, 155, 157, 158 and 161bis.

(6) Crimes specified in Article 163bis through 163quint.

(7)-(8) omitted.

Article 7bis - Definitions

The term gelectromagnetic recordh used in this Code shall mean the record made by any electronic method, magnetic method or other methods unrecognizable with human perception and provided for the use of data processing in computer system.

Article 161bis - Illegal production and use of an electromagnetic record

1. Any person who with the intention of misleading any business management of others, illegally produces such an electromagnetic record relating to legal right, duty of certification of a fact as to be provided for the use of the business management shall be punished with penal servitude for not more than 5 years or a fine for of not more than 500,000 yen.

2. The crime under the preceding paragraph involved in the electromagnetic record to be made by public offices officers shall be punished with penal servitude for not more than 10 years or a fine for of not more than 1,000,000 yen.

3. Any person who with the intention of paragraph 1, provides such an electromagnetic record which is produced illegally and relating to legal right, duty of certification of a fact as to be provided for the use of the business management shall be punished with the same penalty as person who illegally makes the electromagnetic record.

4. Any person who attempts to commit any crimes set forth in preceding paragraph shall be punishable.

Article 163bis - Illegal production and use of an electromagnetic record on payment card

1. Any person who with the intention of misleading any business management of others, illegally produces such an electromagnetic record as to be provided for the use of the business management which consists credit card or other similar payment card for any fee or charge shall be punished with penal servitude for not more than 10 years or a fine for of not more than 1,000,000 yen. Any person who illegally produces such an electromagnetic record as to be provided for the use of debit card for withdrawal shall be same.

2. Any person who with the intention of paragraph 1 provides such an electromagnetic record as to be provided for the use of the business management shall be punished with the same penalty of paragraph 1.

3. Any person who with the intention of paragraph 1, transfers, lends or imports a card which has an electromagnetic record illegally produced set forth in paragraph 1 shall be punishable with the same penalty of paragraph 1.

Article 163ter - Illegal holding of an electromagnetic record on payment card

Any person who with the intention of paragraph 1 of previous Article, holds such a card set forth in paragraph 3 of previous article shall be punished with penal servitude for not more than 5 years or a fine for of not more than 500,000 yen.

Article 163quater - Preparation of illegal production of the electromagnetic records of the cards for payment

1. Any person who has, for the purpose of using for the criminal acts under Article 163bis paragraph 1, obtained the data of electromagnetic records under the said paragraph shall be punished with penal servitude for not more than 3 years or a fine of not more than 500,000 yen. The same shall also apply to the person who has provided such data with recognition of the circumstance.

2. The same shall also apply as paragraph 1 to the person who has stored the data of electromagnetic records under Article 163bis paragraph 1 which are obtained illegally for the purpose of criminal acts under preceding paragraph.

3. The same shall also apply as paragraph 1 to the person who has prepared any instruments and materials for the purpose of the criminal acts under said paragraph.

Article 163quint- Attempt

Attempts of crimes provided in Article 163bis and paragraph 1 of the preceding Article shall be punished.

Article 234bis - Interference with business transaction by computer system

Any person who intentionally and knowingly, illegally, causes disruption or interference with regular execution of valid performance of computer system which is being used or intended to be use for business transactions of others, or causes executions which are contrary to the proper use or purposes of such computer system, by destruction of such computer system or electromagnetic record which is being used or intended to use in such computer system, by introducing false information or wrong instructions into such computer system, or by the other similar means, and causes interference with business transactions of others shall be punished with penal servitude for not more than 5 years or be fined not more than 100,000 yen.

Article 246bis - Computer Fraud

Any person who intentionally and knowingly, illegally, obtain unlawful profit or cause to obtain unlawful profit to any others, by introducing false information or wrong instructions into computer system which is being used or intended to be used for business transactions of others, by producing a false electromagnetic record relating to take, loss or change of property of others, or by using such false electromagnetic record on any business transactions, shall punished with penal servitude for not more than 5 years.

Article 250 Attempt to commit fraud or threatening

Any person who attempts to commit any crimes as set forth in this chapter shall be punishable.

Article 258 - Destruction of official electromagnetic records

Any person who destroys any documents or electromagnetic record which ought to be used at a State office shall be punished with penal servitude for more than 3 months and not more than 5 years.

Article 259 - Destruction of private electromagnetic record

Any person who destroys any documents or electromagnetic record relating to take, loss or change of property of others shall be punished with penal servitude for not more than 5 years.

Article 264 - Prosecution

Anyone who commits any crimes as set forth in Article 259 or Article 261 shall not be prosecuted without any accusation by victim.