Computer Crime Act
(Japan Penal Code)
translated by Takato NATSUI
Cautions
These are translated by Takato NATSUI for private or educational purposes, and not official nor authorized.
Correctness of these translations are not guarantied.
Japan Penal Code
Chapter 1. General Provisions
Section 1 Crimes committed at any place inside territory of Japan
1. This Code shall be applicable to everyone who commits any crime at any place inside the territory of Japan.
2. Also, this Code shall be applicable to everyone who commits any crime in Japanese ship or aircraft nevertheless such ship or aircraft is located at any place outside the territory of Japan.
Section 2 Crimes committed at any place outside territory of Japan
This Code shall be applicable to everyone who commits one or over of following crimes at any place outside the territory of Japan.
1 (deleted)
2 (omitted)
3 (omitted)
4 Crimes of Section.154, Section 155, Section 157, Section 158, Section 161-2(concerned with electronic-magnetic records which ought to be produced by State office or public officer).
5 (omitted)
6 (omitted)
7 (omitted)
Section 3 Crimes committed by Japanese at any place inside territory of Japan
This Code shall only be applicable to Japanese who commits one or over of following crimes at any place inside the territory of Japan.
1 - 12 (omitted)
13 Crimes of Section 235, Section 236, Section 238 - Section 241.
14 Crimes of Section 246 - Section 250.
15 (omitted)
16 (omitted)
Section 7 definition of 'public officer' and 'State office'
1. In this Code, 'public officer' means a worker of the State or any local public service, or a member of the Diet, a commissioner or the other stuff who have duty bound to carry out the public service by law.
2. In this Code, 'State office' means a ministry, an agency, or the other place where public officer is carrying out or ought to carry out any public service.
Section 7-2 definition of 'electronic-magnetic record'
In this Code, 'electronic-magnetic records' means a record or records which produced by electronic, magnetic or the other human unrecognizable measures, and which are intended to or able to be use to perform information processing in computer system.
Chapter 17. Forgery of Document
Section 161-2 Unlawful production of electronic-magnetic records
1. Any person who intentionally and knowingly, unlawfully, for the purpose to confuse business transactions of others, produce electronic-magnetic records relating to legal rights or duties of others and are being used or intended to be used for such transactions shall be imprisoned at hard labor not more than 5 years or be fined not more than 50,000yen.
2. If the electronic-magnetic records have ought to be produced by State office or public officer, then such person as set forth in previous subsection shall be imprisoned at hard labor not more than 10 years or be fined not more than 100,000yen.
3. Any person who intentionally and knowingly, for the same purpose as set forth in subsection 161.2.1, use unlawfully produced electronic-magnetic records to perform them in business transactions shall be guilty and punishable by penalties as same as applicable to Any person who produces such unlawfully electronic-magnetic records.
4. Any person who attempt to commit any crimes as set forth in this section, shall be punishable.
Chapter 36. Interference with Credit and Transaction
Section 234-2 Interference with business transaction by computer system
Any person who intentionally and knowingly, unlawfully, 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 proper using or purposes of such computer system, by destruction of such computer system or electronic-magnetic records 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 imprisoned at hard labor not more than 5 years or be fined not more than 100,000yen.
Chapter 36. Theft and Burglary
Section 235 Theft
Any person who intentionally and knowingly, unlawfully, obtain property of others shall be guilty by theft, and be imprisoned at hard labor not more than 10 years.
Section 243 Attempt to commit theft
Any person who attempt to commit any crimes as set forth in Section 235, Section 236, or from Section 238 to Section 241 shall be punishable.
Section 245 Electricity Theft
For the purpose of this chapter, electricity shall be deemed to be property.
Chapter 37. Fraud and Threatening
Section 246-2 Computer Fraud
Any person who intentionally and knowingly, unlawfully, obtain unlawful profit or cause to be obtain unlawful profit to any others, by introducing false information or wrong instructions into computer system which is being used or intended to be use for business transactions of others, by producing false electronic-magnetic records relating to take, loss or change of property of others, or by using such false electronic-magnetic records on any business transactions, shall be imprisoned at hard labor not more than 5 years.
Section 250 Attempt to commit fraud or threatening
Any person who attempt to commit any crimes as set forth in this chapter shall be punishable.
Chapter 40. Damage and Conceal
Section 258 Destruction of official electronic-magnetic records
Any person who destroys any documents or electronic-magnetic records which ought to be use at State office shall be imprisoned at hard labor more than 3 months and not more than 5 years.
Section 259 Destruction of private electronic-magnetic records
Any person who destroys any documents or electronic-magnetic records relating to take, loss or change of property of others shall be imprisoned at hard labor not more than 5 years.
Section 264 Prosecution
Anyone who commit any crimes as set forth in Section 259 or Section 261 shall not be prosecuted without any accusation by victim.
Copyright (C) 1998 Takato NATSUI, All rights reserved.
Last Modified : Mar/20/1998