Universal jurisdiction

Japan

Japan - Penal Code 1907 (2020) EN/Japanese

PART I. GENERAL PROVISIONS

Chapter I Scope of Application

(Crimes Committed outside Japan)
Article 2 This Code applies to anyone who commits one of the following crimes outside the territory of Japan:
(ii) The crimes prescribed under Articles 77 through 79 (Insurrection; Preparations; Plots; Accessoryship to Insurrection);
(iii) The crimes prescribed under Articles 81 (Instigation of Foreign Aggression), 82 (Assistance to the Enemy), 87 (Attempts) and 88 (Preparation; Plots);
(iv) The crime prescribed under Article 148 (Counterfeiting of Currency and Uttering Counterfeit Currency) as well as an attempt thereof;
(v) The crimes prescribed under Article 154 (Counterfeiting of Imperial or State Documents), 155 (Counterfeiting of Official Documents), 157 (False Entries in the Original of Notarized Deeds) and 158 (Uttering Counterfeit Official Documents), and the crime concerning an electronic or magnetic record which should be created by a public office or a public employee in Article 161-2 (Unauthorized Creation of Electronic or Magnetic Records);
(vi) The crimes prescribed under Articles 162 (Counterfeiting of Securities) and 163 (Uttering Counterfeit Securities);
(vii) The crimes prescribed under Articles 163-2 through 163-5 (Unauthorized Creation of Payment Cards with an Electronic or Magnetic Record; Possession of Payment Cards with an Unauthorized Electronic or Magnetic Record; Preparation for Unauthorized Creation of Payment Cards with an Electronic or Magnetic Record; Attempts);
(viii) The crimes prescribed under Articles 164 through 166 (Counterfeiting or Unauthorized Use of the Imperial Seal; Counterfeiting or Unauthorized Use of Official Seals; Counterfeiting or Unauthorized Use of Official Marks) as well as any attempts to commit the crimes prescribed under paragraph (2) of Article 164, paragraph (2) of Article 165, and paragraph (2) of Article 166.

PART I. GENERAL PROVISIONS

Chapter I Scope of Application

(Crimes Committed by Non-Japanese Nationals outside Japan)
Article 3-2 This Code applies to any non-Japanese national who commits one of the following crimes against a Japanese national outside the territory of Japan:
(i) The crimes prescribed under Articles 176 through 181 (Indecency through Compulsion; Forcible Sexual Intercourse; Constructive Indecency through Compulsion and Constructive Forcible Sexual Intercourse; Indecency by a Person Having Custody of a Person under 18; Sexual Intercourse by Person
(ii) The crime prescribed under Articles 199 (Homicide) and attempt thereof;
(iii) The crimes prescribed under Articles 204 (Injury) and 205 (Injury Causing Death);
(iv) The crimes prescribed under Articles 220 (Unlawful Capture and Confinement) and 221 (Unlawful Capture or Confinement Causing Death or Injury);
(v) The crimes prescribed under Articles 224 through 228 (Kidnapping of Minors; Kidnapping for Profit; Kidnapping for Ransom; Kidnapping for Transportation out of a Country; Human Trafficking; Transporting Kidnapped Persons out of a Country; Delivery of Kidnapped Persons; Attempts);
(vi) The crimes prescribed under Articles 236 (Robbery), 238 through 240 (Constructive Robbery; Drug-Facilitated Robbery; Robbery Causing Death or Injury), and paragraphs (1) and (3) of Article 241 (Robbery or Forcible Sexual Intercourse; Causing Death Thereby), as well as attempts of these crimes (excluding the crime prescribed in paragraph (1) of Article 241).

PART I. GENERAL PROVISIONS

Chapter I Scope of Application

(Crimes Committed outside Japan Governed by a Treaty)
Article 4-2 Beyond what is provided for in the provisions of Article 2 through the preceding Article, this Code also applies to anyone who commits those crimes outside the territory of Japan prescribed under Part II which are governed by a treaty even if committed outside the territory of Japan.

Rome Statute

Article 12 Preconditions to the exercise of jurisdiction

1. A State which becomes a Party to this Statute thereby accepts the jurisdiction of the Court with respect to the crimes referred to in article 5.

2. In the case of article 13, paragraph (a) or (c), the Court may exercise its jurisdiction if one or more of the following States are Parties to this Statute or have accepted the jurisdiction of the Court in accordance with paragraph 3:

(a) The State on the territory of which the conduct in question occurred or, if the crime was committed on board a vessel or aircraft, the State of registration of that vessel or aircraft;

(b) The State of which the person accused of the crime is a national.

3. If the acceptance of a State which is not a Party to this Statute is required under paragraph 2, that State may, by declaration lodged with the Registrar, accept the exercise of jurisdiction by the Court with respect to the crime in question. The accepting State shall cooperate with the Court without any delay or exception in accordance with Part 9.