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CHAPTER
9 PENAL PROVISIONS
Article 70. Any person subject to any of the following
items shall be punished with penal servitude or
imprisonment not more than 3 years or a fine not more
than 300,000 yen, or shall be punished with both penal
servitude or imprisonment and a fine:
(1) A person who has entered Japan in violation of the
provision of Article 3;
(2) A person who has landed in Japan in violation of the
provision of Article 9, Paragraph 5;
(3) Other than those coming under the preceding two
items, a person who has landed in Japan without
obtaining permission for landing at port of call,
permission for landing in transit, landing permission
for crewman, permission for emergency landing, landing
permission due to disaster or landing permission for
temporary refuge;
(4) A person who is clearly found to be engaged solely
in activities involving the management of business
involving income or activities for which he receives
remuneration in violation of the provisions of Article
19, Paragraph 1;
(5) A person who stays in Japan beyond the period of
stay authorized without obtaining an extension or change
thereof;
(6) A person who has been given permission for
provisional landing and disappears or fails to appear at
a summons without justifiable reason in violation of the
conditions imposed under Article 13, Paragraph 3;
(7) A person who has been given permission for landing
at port of call, permission for landing in transit,
landing permission for crewman, permission for emergency
landing, landing permission due to disaster or landing
permission for temporary refuge and stays in Japan over
the period mentioned in his passport or permit;
(7)-2 A person, who has been designated a period for
departure under the provisions of Article 16, Paragraph
7, but does not return to his vessel or leave Japan
within that period;
(8) A person provided for in Article 22-2, Paragraph 1,
without receiving permission pursuant to Paragraph 3, of
the same article, applicable correspondingly to Article
20, Paragraphs 3 and 4 or pursuant to Article 22-2,
Paragraph 4, applicable correspondingly to Article 22,
Paragraphs 2 and 3, who stays in Japan over the
period provided for in Article 22-2, Paragraph 1;
(9) A person who has been recognized as a refugee by
making a false statement or by other dishonest means.
Article 70-2. A person who has committed any of the
offences described in Items (1), (2), (3), (5) or (7) of
the preceding article, may be exempted from penalty if
evidence produced is applicable to each of the following
items. However, it will be permitted only when, after
having committed the offence, a prompt report was
submitted in the presence of an Immigration Inspector
corresponding to the following items:
(1) That he is a refugee;
(2) That he entered Japan directly from a territory
which was likely to be harmful to his life, physical
being, or physical liberty as prescribed in Article 1,
Paragraph A-(2) of the Refugee Convention;
(3) That the offence was committed because of the
likeliness of the preceding item.
Article 71. Any person who has departed or attempted to
depart from Japan in violation of the provisions of
Article 25, Paragraph 2, or Article 60, Paragraph 2,
shall be punished with penal servitude or imprisonment
not more than 1 year or a fine not more than 300,000
yen, or shall be punished with both penal servitude or
imprisonment and a fine.
Article 72. Any alien coming under any of the following
items shall be punished with penal servitude not more
than 1 year or with a fine not more than 200,000 yen, or
shall be punished with both of these.
(1) When a person under physical restraint under a
written detention order or deportation order has
escaped;
(2) When a person released under the provision of
Article 52, Paragraph 6, who has disappeared or has
failed to appear at a summons without justifiable reason
in violation of the conditions imposed under the
provision of the same paragraph;
(3) When a person permitted to land for temporary refuge
has disappeared in violation of the conditions imposed
under the provision of Article 18-2, Paragraph 3;
(4) When a person ordered to return the Refugee Travel
Document under the provision of Article 61-2-6,
Paragraph 7, has failed to return it within the period
indicated in the provision of the same paragraph;
(5) When a person has failed to return the Certificate
of Refugee Status or Refugee Travel Document in
violation of the provision of Article 61-2-2, Paragraph
3, or Article 61-2-7.
Article 73. Except for cases to which the provisions of
Article 70, Item (4) is to be applied, any person who
has been engaged in activities involving the management
of a business involving the income or other activities
for which he receives remuneration in violation of the
provisions of Article 19, Paragraph 1, shall be punished
with penal servitude or imprisonment not exceeding 1
year or a fine not more than 200,000 yen, or shall be
punished with both penal servitude or imprisonment and a
fine.
Article 73-2. Any person subject to any of the following
items shall be punished with penal servitude not more
than 3 years or a fine not more than 2 million yen, or
shall be punished with both prison and a fine.
(1) A person who has had an alien engage in illegal work
in relation to business activities;
(2) A person who has placed an alien under his control
for the purpose of having the alien engage in illegal
work;
(3) A person who has repeatedly mediated either the
procurement of an alien to engage in illegal work or the
act specified in the preceding item.
2. Illegal work mentioned in the preceding paragraph
means activities which violate the provisions of Article
19, Paragraph 1, or the activities done by those who
fall within the provisions of Article 70, Item(1), (2),
(3), (5), (7) or (7)-2, and for which he receives
remuneration and/or other income.
Article 74. Any person who has had collective stowaways
(those aliens in groups who have intention to land onto
Japan without obtaining landing permission, etc. from
Immigration Inspectors, or with obtaining landing
permission, etc. from Immigration Inspectors by a false
representation or other illegal measures. Hereinafter
the same.) under his control or charge enter into Japan
or land onto Japan shall be punished with penal
servitude of not more than 5 years or a fine of 3
million yen or less.
2. In cases where the person has committed the crime
provided in the preceding paragraph for the purpose of
profit, he shall be punished with penal servitude of not
less than 1 year nor more than 1 years and a fine of not
more than 1 million yen.
3. Attempts at the crimes provided in the preceding two
paragraphs (applicable only to the act of having the
stowaways land) shall be punished.
Article 74-2. Any person who has transported collective
stowaways under his control or charge toward Japan, or
who has transported them to the place of landing in the
territory of Japan, shall be punished with penal
servitude of not more than 3 years or a fine of not more
than 2 million yen.
2. In case where the person has committed the crime of
the preceding paragraph for the purpose of profit, he
shall be punished with penal servitude of not more than
7 years and a fine of not more than 5 million yen.
Article 74-3. Any person who has prepared vessels for
the criminal use with the intention of committing the
crime of Article 74, Paragraph 1 or 2, or the preceding
article, shall be punished with penal servitude of not
more than 2 years or a fine of not more than 1 million
yen. The same shall be applied to any person who
knowingly provided vessels for the criminal use.
Article 74-4. Any person who has received, from another
person who had committed the crimes of Article 74,
Paragraph 1 or 2, all or a part of aliens aided to land
by the person, or who has transported, harbored, or
concealed the aliens received, shall be punished with
penal servitude of not more than 5 years or a fine of
not more than 3 million yen. Any person who has received
all or a part of the aliens from the person who had
received them, or who has transported, hided or
concealed the aliens received, shall be punished the
same.
2. In cases where the person has committed the crime of
the preceding paragraph for the purpose of profit, he
shall be punished with penal servitude of not less than
1 year nor more than 1 years and a fine of not more than
1 million yen.
3. Attempts of the crimes provided for in the preceding
two paragraphs shall be punished.
Article 74-5. Any person who has made preparations for
the purpose of committing crimes provided for in the
preceding article, Paragraph 1 or 2, shall be punished
with penal servitude of not more than 2 years or a fine
of not more than 1 million yen.
Article 74-6. Any person who has made the acts provided
in Article 70 (1), (2) or (3) easier to commit shall be
punished with penal servitude of not more than 3 years
or a fine of not more than 2 million yen, or shall be
punished with both of these. Any person who has made
these acts easier by offering a passport or a crewman's
pocket-ledger, which is invalid to the holder, or
fraudulent documents produced as passports or crewman's
pocket-ledgers, shall be punished the same.
Article 74-7. Crimes provided for in Article 73-2,
Paragraph 1 and 2, Article 74-2 (except for the part of
transportation in the territory of Japan), Article 74-3
and the preceding article shall follow the case provided
in Article 2 of the Penal Code.
Article 74-8. Any person who has harbored or concealed
aliens who fall under any of Article 24(1) to (3) for
the purpose of letting the aliens escape from
deportation, shall be punished with penal servitude of
not more than 3 years or a fine of not more than 1
million yen.
2. In the case where a person has committed the crime of
the preceding paragraph for the purpose of profit, he
shall be punished with penal servitude of not more than
5 years and a fine of not more than 3 million yen.
3. Attempts to commit the crime provided for in the
preceding two paragraphs shall be punished.
Article 75. Any person who fails to appear without
justifiable reason, refuses to testify or make an oath
or gives false testimony in violation of the provision
of Article 10, Paragraph 5 (including the cases where
the same shall apply mutatis mutandis under Article 48,
Paragraph 5) shall be punished with a fine not exceeding
200,000 yen.
Article 76. Any person who does not carry a passport or
a permit with him or refuses to produce the same in
violation of the provision of Article 23, Paragraph 1 or
2, shall be punished with a fine not exceeding 100,000
yen.
(Concurrent Impositions)
Article 76-2. In cases where a representative of a
corporation, a proxy of a corporation or a person, an
employee of a corporation or a person, or any other
persons working for a corporation or a person, has
committed the crimes provided for in Article 73-2 to
74-6, or 74-8 in relation to the business of the
corporation or the person, the corporation or the
person, along with the person who has committed the
crime, shall be subject to the fine of each provision.
(Non-penal Fines)
Article 77. Any person who comes under any one of the
following items shall be punished with a non-penal fine
not exceeding 500,000 yen:
(1) A person who has refused to undergo or has
obstructed the examination or any other duties which are
performed by an Immigration Inspector in violation of
the provision of Article 56;
(2) A person who has refused or failed to present the
list in violation of the provisions of Article 57,
Paragraph 1, or who has failed to report in violation of
the provisions of Paragraph 2 or 3 of the same article,
or who has refused or failed to report in violation of
the provisions of Paragraph 4 or the same article;
(3) A person who has failed to take preventive actions
against landing in violation of the provisions of
Article 58;
(4) A person who has neglected to send back an alien in
violation of the provisions of Article 59.
(Confiscation)
Article 78. Any vessel or vehicle used for a criminal
act provided for in Article 70(1), 74, 74-2 or 74-4
which is owned or possessed by an offender shall be
confiscated. However, this shall not apply if the vessel
or the vehicle is owned by a person other than the
offender and applicable to any of the following:
(1) If it is recognized that the person has had
ownership of the vessel or the vehicle since when the
crime was committed without previous knowledge of the
commitment of the crimes provided in Article 70(1), 74,
74-2 or 74-4.
(2) If it is recognized that the vessel or the vehicle
was acquired after the crime of preceding item was
committed, without knowledge that it had been involved
in the crime.
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