Jurisdiction

Japan

Japan - Code of Criminal Procedure Part I, II 1948 (2019) EN/Japanese

Part I General Provisions

Chapter I Jurisdiction of Courts

Article 2
(1) The territorial jurisdiction of courts is determined by the place where the crime was committed, the place where the domicile or the residence of the accused is located, or the place where the accused is at present.
(2) With respect to crimes committed on board a Japanese vessel while outside Japanese territory, the territorial jurisdiction will be determined, in addition to the places prescribed in the preceding paragraph, by the place of the port of registry of such vessel or the place of the port of call after said crime was committed.
(3) With respect to crimes committed in a Japanese aircraft while outside Japanese territory, the territorial jurisdiction shall be determined, in addition to the places prescribed in paragraph (1), by the place where such aircraft landed including territory, the territorial jurisdiction will be determined, in addition to the places prescribed in paragraph (1), by the place where such aircraft lands (including landing on water) after the crime was committed.

Japan - Penal Code 1907 (2020) EN/Japanese

PART I. GENERAL PROVISIONS

Chapter I Scope of Application

(Crimes Committed within Japan)
Article 1 (1) This Code applies to anyone who commits a crime within the territory of Japan.
(2) The same applies to anyone who commits a crime on board a Japanese vessel or aircraft outside the territory of Japan.

(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.

(Crimes Committed by Japanese Nationals outside Japan)
Article 3 This Code applies to any Japanese national who commits one of the following crimes outside the territory of Japan:
(i) The crimes prescribed under Article 108 (Arson of Inhabited Buildings) and paragraph (1) of Article 109 (Arson of Uninhabited Buildings), and other crimes which are dealt with in the same manner as the preceding crimes provided therein, as well as any attempt to commit the crimes mentioned above;
(ii) The crime prescribed under Article 119 (Damage to Inhabited Buildings by Flood);
(iii) The crimes prescribed under Articles 159 through 161 (Counterfeiting of Private Documents; Falsifying of Medical Certificates; Utterance of Counterfeit Private Documents) and the crime regarding electronic or magnetic records in Article 161-2 except those which fall within item (v) of the preceding Article;
(iv) The crimes prescribed under Article 167 (Counterfeiting or Unauthorized Use of Private Seals) and any attempt to commit the crimes prescribed under paragraph (2) of that Article;
(v) 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 a Person Having Custody of a Person under 18; Attempts; Indecency through Compulsion Causing Death or Injury) and 184 (Bigamy);
(vi) The crime prescribed under Article 198 (Active Bribery);
(vii) the crime prescribed under Article 199 (Homicide) and attempt thereof;
(viii) The crimes prescribed under Articles 204 (Injury) and 205 (Injury Causing Death);
(ix) The crimes prescribed under Articles 214 through 216 (Abortion through Professional Conduct; Causing Death or Injury thereof; Abortion without Consent; Abortion without Consent Causing Death or Injury);
(x) The crime prescribed under Article 218 (Abandonment by a Person Responsible for Protection) and the crime prescribed under Article 219 (Abandonment Causing Death or Injury) in connection with the crime prescribed under Article 218;
(xi) The crimes prescribed under Articles 220 (Unlawful Capture; Unlawful Confinement) and 221 (Unlawful Capture or Unlawful Confinement Causing Death or Injury);
(xii) 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);
(xiii) The crime prescribed under Article 230 (Defamation);
(xiv) The crimes prescribed under Articles 235 through 236 (Theft; Taking Unlawful Possession of Real Estate; Robbery), Articles 238 through 240 (Constructive Robbery; Drug-Facilitated Robbery; Robbery Causing Death or Injury), paragraphs (1) and (3) of Article 241 (Robbery or Forcible Sexual Intercourse; Causing Death Thereby), and Article 243 (Attempts);
(xv) The crimes prescribed under Articles 246 through 250 (Fraud; Computer Fraud; Breach of Duty of Loyalty; Constructive Fraud; Extortion; Attempts);
(xvi) The crime prescribed under Article 253 (Embezzlement in the Pursuit of Social Activities);
(xvii) The crimes prescribed under paragraph (2) of Article 256 (Acceptance of Stolen Property).

(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).

(Crimes Committed by Public Employees outside Japan)
Article 4 This Code applies to any public employees of Japan who commits one of the following crimes outside the territory of Japan:
(i) The crime prescribed under Article 101 (Assistance in Escape by a Guard) as well as an attempt thereof;
(ii) The crime prescribed under Article 156 (Making of False Official Documents);
(iii) The crimes prescribed under Article 193 (Abuse of Authority by Public Employees), paragraph (2) of Article 195 (Assault and Cruelty by Specialized Public Employees) and Articles 197 through 197-4 (Acceptance of Bribes; Acceptance on a Request; Acceptance in Advance; Passing of Bribes to a Third Party; Aggravated Acceptance of Bribes; Acceptance after Resignation of Office; Acceptance for Exertion of Influence), and the crime prescribed under Article 196 (Abuse of Authority causing death or injury by Specialized Public Employees) related to the crime prescribed in paragraph (2) of Article 195.

(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 11 Jurisdiction ratione temporis

1. The Court has jurisdiction only with respect to crimes committed after the entry into force of this Statute.

2. If a State becomes a Party to this Statute after its entry into force, the Court may exercise its jurisdiction only with respect to crimes committed after the entry into force of this Statute for that State, unless that State has made a declaration under article 12, paragraph 3.

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.

Article 13 Exercise of jurisdiction

The Court may exercise its jurisdiction with respect to a crime referred to in article 5 in accordance with the provisions of this Statute if:

(a) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by a State Party in accordance with article 14;

(b) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by the Security Council acting under Chapter VII of the Charter of the United Nations; or

(c) The Prosecutor has initiated an investigation in respect of such a crime in accordance with article 15.