No. 418.
Mr. Bingham to Mr. Evarts.

No. 1209.]

Sir: I beg leave to inclose for your information a translation carefully made by Mr. Thompson, interpreter to this legation, of a penal code adopted by this government, and promulgated by his imperial highness Prince Arisugawa Shinwo, acting prime minister of His Majesty the Emperor of Japan, by a proclamation of date the 17th of July last, a translation of which by Mr. Thompson is also inclosed herewith.

It is to be noted that this code forbids the enactment of ex post facto penal laws, and requires that persons shall only be held to answer criminally for the violation of existing laws clearly defining and prohibiting the offense charged.

I have, &c.,

JNO. A. BINGHAM.
[Inclosure in No. 1209.]

Proclamation No. 36.

Proclamation is hereby made that the following Penal Code has been definitely settled. The time when it shall go into effect will be proclaimed hereafter.

ARISUGAWA SHINWO,
Acting Prime Minister.

[Page 659]

PENAL CODE.

TABLE OF CONTENTS.

Book I.—GENERAL PRINCIPLES.

Chapter I.—Of Laws.

Chapter II.—Of Punishments.

  • Sec. 1. Punishments, their names.
  • Sec. 2. The infliction of principal punishments.
  • Sec. 3. The infliction of accessory punishments.
  • Sec. 4. Collection of costs and damages.
  • Sec. 5. Computation of the time of punishments.
  • Sec. 6. Conditional release.
  • Sec. 7. Final escape or release.
  • Sec. 8. Restoration of rights.

Chapter III.—The Increase or Diminution of Punishments.

Chapter IV.—Justification and Mitigation.

  • Sec. 1. Justification or mitigation of excusable offenses.
  • Sec. 2. Diminution of punishment on self-surrender.
  • Sec. 3. Diminution on account of extenuating circumstances.

Chapter V.—Increase of Punishment on account of repeated commission.

Chapter VI.—Order to be observed in increasing or diminishing punishments.

Chapter VII.—Several Crimes divulged at once.

Chapter VIII.—Joint Offenders.

  • Sec. 1. Principals.
  • Sec. 2. Accessories.

Chapter IX.—Offenses that are intended but remain unaccomplished.

Chapter X.—Relatives.

Book II.—GRAVE AND LIGHT CRIMES AGAINST THE PUBLIC WELFARE.

Chapter I.—Offenses against the Imperial Family.

Chapter II.—Offenses against the Nation.

  • Sec. 1. Rebellion.
  • Sec. 2. Invasion.

Chapter III.—Offenses against Tranquillity.

  • Sec. 1. Of mobs.
  • Sec. 2. Opposing officials in their duties.
  • Sec. 3. Of rescuing prisoners and hiding offenders.
  • Sec. 4. Of evading the execution of accessory punishments.
  • Sec. 5. The private manufacture and possession of arms.
  • Sec. 6. The obstruction of communication.
  • Sec. 7. The invasion of dwellings.
  • Sec. 8. Breaking open official seals.
  • Sec. 9. Refusing to perform public service.

Chapter IV.—Crimes against Credit.

  • Sec. 1. Counterfeiting money.
  • Sec. 2. Counterfeiting government seals.
  • Sec. 3. Forgery of government documents.
  • Sec. 4. Forgery of private seals and documents.
  • Sec. 5. Forgery of permits, tickets and certificates.
  • Sec. 6. False testimony.
  • Sec. 7. False weights and measures.
  • Sec. 8. Falsifying as to one’s rank.
  • Sec. 9. Falsifying public elections.

Chapter V.—Offenses against Health.

  • Sec. 1. Opium.
  • Sec. 2. Polluting pure drinking-water.
  • Sec. 3. Offenses against quarantine regulations.
  • Sec. 4. The manufacture of injurious articles.
  • Sec. 5. Sale of food, drinks, and drugs injurious to health.
  • Sec. 6. The unlicensed practice of medicine.

Chapter VI.—Offenses against Morals.

Chapter VII.—Of throwing aside the bodies of the dead, and opening graves.

Chapter VIII.—Of hindering the business of Merchants, Workmen, and Farmers.

Chapter IX.—Malfeasance in Office.

  • Sec. 1. Official injury to the public good.
  • Sec. 2. Offenses committed by officials against the people.
  • Sec. 3. Offenses of officials against property.

Book III.—GRAVE AND LIGHT CRIMES AGAINST PERSONS AND PROPERTY.

Chapter I.—Crimes against the Person.

  • Sec. 1. Murder and and manslaughter.
  • Sec. 2. Assault and battery.
  • Sec. 3. Justifiable and excusable homicide and wounding.
  • Sec. 4. Accidental homicide and wounding.
  • Sec. 5. Suicide.
  • Sec. 6. Arbitrary arrest and confinement.
  • Sec. 7. Of threats.
  • Sec. 8. Of producing abortion.
  • Sec. 9. Of abandoning children and sick or aged persons.
  • Sec. 10. Kidnapping and decoying away.
  • Sec. 11. Indecent conduct, adultery and bigamy.
  • Sec. 12. False accusation and slander.
  • Sec. 13. Offenses against parents and grandparents.

Chapter II.—Crimes against Property.

  • Sec. 1. Of theft.
  • Sec. 2. Of robbery.
  • Sec. 3. Of lost or buried things.
  • Sec. 4. Offenses committed in becoming bankrupt.
  • Sec. 5. Obtaining property by fraud and crimes relating to articles received on trust.
  • Sec. 6. Stolen objects.
  • Sec. 7. Arson and accidental fires.
  • Sec. 8. Causing inundations.
  • Sec. 9. Wrecking vessels.
  • Sec. 10. Destruction of houses and other objects, and injury of animals and plants.

Book IV.—INFRACTION OF POLICE REGULATIONS.

[Page 661]

PENAL CODE.

Book I.—GENERAL PRINCIPLES.

Chapter I.—On Laws.

Article 1. Offenses punishable in law are divided into three classes: (a) grave crimes, (b) light crimes, and (d) infractions of police regulations.

Art. 2. No act can be punished which is not fairly stated in law.

Art. 3. The law cannot be applied to offenses committed before its publication.

(Note.—In case of an offense committed before the publication of this law and yet in litigation, the old law and the new shall be compared and the more lenient followed.)

Art. 4. This penal code cannot be applied to cases which are to be settled by military or naval law.

Art. 5. Everything not clearly stated in this penal code, but which is described as punishable in any other law, is to be decided according to that law.

(Note.—If no general principles are attached to such other law, the general principles contained in this penal code are to be followed.)

Chapter II.—Punishments.

Section 1.—Punishments; their names.

Art. 6. Punishments are of two kinds: (a) principal; (b) accessory. A principal punishment is invariably mentioned in the sentence; an accessory punishment is mentioned or not as the law directs.

Art. 7. The following are the principal punishments of grave crimes: (a) death; (b) perpetual penal service; (c) limited penal service; (d) perpetual banishment; (e)limited banishment; (f) severe service in the chain gang; (g) moderate service in the chain gang; (h) severe imprisonment; (i) moderate imprisonment.

Art. 8. The following are the principal punishments of light crimes: (a) severe confinement; (b) moderate confinement; (c) the major fine.

Art. 9. The following are the principal punishments for infraction of police regulations: (a) arrest and detention; (b) the minor fine.

Art. 10. The following are the accessory punishments: (a) deprivation of civil rights; (b) suspension of civil rights; (d) incapacity to manage property; (e) surveillance; (f) the major fine; (g) confiscation.

Art. 11. Special rules are provided regulating the actual infliction of punishment and inspection of offenders.

Section 2.—The infliction of punishments.

Art. 12. The death penalty is to be inflicted by hanging: An officer appointed according to law shall witness its infliction in the prison.

Art. 13. The death penalty cannot be inflicted without an order from the minister of justice.

Art. 14. The infliction of the death penalty on the chief holidays and on national festivals is prohibited.

Art. 15. If a woman who has received her sentence of death is pregnant, the execution shall be suspended till one hundred days after her delivery.

Art. 16. If the relatives of the executed person desire to have the dead body, it shall be delivered to them to be buried without ceremony.

Art. 17. Those sentenced to penal service, whether perpetual or limited, shall be sent to an island and subjected to regular service. Limited penal service shall be for from twelve to fifteen years.

Art. 18. Women sentenced to penal service shall not be sent to an island, but shall be made to perform hard labor in the grounds of a chain-gang on the mainland.

Art. 19. An offender full sixty years old, sentenced to penal service, shall be exempt from the usual hard labor, and shall be assigned service suitable to his bodily strength.

Art. 20. Those sentenced to banishment, either perpetual or limited, shall be shut up in an insular prison, but shall not be made to do hard labor. Limited exile shall last from twelve to fifteen years.

Art. 21. An offender sentenced to perpetual banishment may, after five years, be released by the executive authority from confinement and be allowed to live in a fixed place in the island. An offender sentenced to limited banishment shall enjoy the same privilege after three years.

Art. 22. Persons sentenced to service in the chain-gang shall be put in the grounds of a chain-gang on the mainland and there be made to do hard work. An offender over sixty years old shall be treated as stated in Article 19. Service from nine to [Page 662]eleven years is regarded as severe service. Service for from six to eight years is light service;

Art. 23. Those sentenced to imprisonment are put in prison on the mainland, and not made to do hard work. An offender over sixty years old is treated according to Article 19. Imprisonment for from nine to eleven years is known as severe imprisonment; for from six to eight years is light imprisonment.

Art. 24. Those sentenced to confinement shall be detained in a place of confinement. Severe confinement implies hard labor also. Light confinement is without hard labor. Confinement, both severe and light, is from eleven days to five years; its exact length in each case is determined by the law.

Art. 25. The wages of an offender, subjected to hard labor by his prison regulations, shall be in part used to defray the prison expenses, and a part shall be given to the prisoner. But he can receive no part if his service is under one hundred day’s duration.

Art. 26. A major fine is from 2 yen ($2) and upwards; the amount in each case is fixed by law.

Art. 27. A major fine must be paid within one month after the decision of the court. If not so paid, it shall be commuted for confinement at the rate of one yen a day. Any amount under one yen ($1) shall be counted as one day. When a major fine is commuted for confinement a new trial is not necessary. An officer of the court shall order it at the request of the inspecting officer. The period of confinement shall not exceed two years. If during the time of confinement the fine is paid, the number of days passed in confinement shall be deducted, and the confinement stopped. The same rule shall be observed when the fine is paid for the offender by his relatives.

Art. 28. Arrest is detention in a station-house, without hard work, from one to ten days. The exact time is fixed in each case by the law.

Art. 29. A minor fine is from 5 sen (5 cents) to 1 yen 95 sen ($1.95). The exact amount is fixed in each case by the law.

Art. 30. A minor fine must be paid within one month after the decision of the court is rendered. If not paid in the given time, it shall be commuted or exchanged for detention under arrest according to Article 27.

Section 3.—Accessory punishments; their infliction.

Art. 31. Deprivation of civil rights implies and includes the loss of the following rights: (a) the special rights of a citizen; (b) the right to become an officer of the government; (c) the right to receive decorations, salary, titles of rank or honor, or gratuities; (d) the right to wear the decorations of a foreign country; (e) the right to be registered as a soldier; (f) the right to be a witness in court, except to relate matters of fact; (g) the right to be a guardian, except of his children and grandchildren with the permission of the relatives; (h) the right to be a receiver of a bankrupt, and the right to manage the property of a company; (i) the right to be the head of a school, or inspector of teachers.

Art. 32. Any one subjected to punishment for a grave crime, is, without a special sentence, deprived of civil rights for life.

Art. 33. Any one subjected to confinement without special sentence loses his present official position and has the exercise of his civil rights suspended during the time of punishment.

Art. 34. Any one subjected to surveillance during the time of punishment for a light crime without special sentence, will have the exercise of his civil rights suspended during the time of such surveillance. Any one who is subjected to surveillance after the remission of a principal punishment will be treated in like manner.

Art. 35. Any one subjected to punishment for a grave crime without special sentence, loses the right of managing his own property till the end of such punishment.

Art. 36. When a banished offender is released from close confinement the prohibition to manage his property may be partly withdrawn.

Art. 37. Any one subjected to punishment for a grave crime, may, without special sentence, be subjected to surveillance for a time equal to one-third of the shortest time fixed by the law.

Art. 38. Surveillance added to the punishment of a light crime must be mentioned in the sentence, and must not exceed what is mentioned in the law bearing on the case.

Art. 39. Those who have obtained final release from (see section VII) the death penalty or from perpetual punishment shall, without special sentence, undergo five years surveillance.

Art. 40. The period of surveillance shall be reckoned from the time when the principal punishment ceased. When a final release or escape (See Book I, chap. II., sec. 7) from a principal punishment has been effected the computation shall be from the days of arrest. When a principal punishment has been remitted and surveillance substituted, the time shall be reckoned from the day when the decision of the court was rendered.

[Page 663]

Art. 41. Persons subjected to surveillance may, according to circumstances, be released therefrom by the executive officers.

Art. 42. A major fine, when added to a principal punishment, must be mentioned in the sentence, and if not paid within one month, shall be commuted for light confinement, according to Article 27; such confinement to be undergone after the expiration of the principal punishment.

Art. 43. The following articles are, by sentence, forfeited to the government:

(Note.—Articles declared to be forfeited by existing laws or regulations must be surrendered according to such special laws and regulations.)

1st.
Articles prohibited by law.
2d.
Articles used in committing crimes.
3d.
Articles acquired by crime.

Art. 44. Things prohibited by law are to be forfeited whenever found, but articles used in committing depredations or acquired thereby are not to be forfeited, except when found in the hands of the offender, or when found without an owner.

Section 4.—Payment of costs, &c.

Art. 45. The whole or part of the costs of court, which are fixed by special regulation, are to be assessed on the offender.

Art. 46. The offender, whether punished or released, must, in answer to the claim of the injured party, restore plunder and make compensation for damages.

Art. 47. When there are several accomplices in a crime, they shall be together made to pay the costs of court, restitution for plunder, and compensation for damages.

Art. 48. The costs of court, articles to be restored, and damages to be paid are to be decided by the court at the request of the party injured. When plunder is found in the hands of the offenders it is to be restored at once to the injured party even without his request.

Section 5.—Computation of the time of punishment.

Art. 49. In computing the time of punishment, one day is to consist of twenty-four hours; one month of thirty days. A year is determined by the almanac. The first day is reckoned a full day, without regard to fractions. The day of release is hot counted as belonging to the term of punishment.

Art. 50. Punishment cannot be inflicted until after the decision of the court is rendered.

Art 51. The duration of punishment is to be calculated from the day of receiving sentence. If an appeal is taken the following rule is to be observed: If the offender appeals himself, and the appeal is sustained, the duration is to be calculated from the day of the first sentence, if the appeal is not sustained the duration is to be reckoned from the day of the second sentence. If the “Ken shi Kwan” (a prosecuting officer) makes this appeal, whether this appeal is sustained or not, the time is to be reckoned from the day of the first sentence. The time one may be released or employed in some service during the appeal cannot be reckoned in the time of punishment.

Art. 52. One who has escaped during the term of punishment, and is arrested again, shall be punished a certain time for this second offense. The time of the first offense and the time of the second shall be computed together, deducting the days during which the offender was at large.

Section 6.—Conditional release.

Art. 53. If a criminal who is undergoing the punishment of a grave or light crime carefully observes the prison regulations and shows evidence of reformation he may be released by the executive department after the expiration of three-fourths of his time of service. A criminal condemned to perpetual punishment with labor may be released in the same manner after the expiration of fifteen years. For criminals condemned to banishment no release is allowed except that provided for in Article 21.

Art. 54. One condemned to penal service, though released as above, must still be made to reside on the island.

Art. 55. A criminal released from confinement as above may acquire in some degree from the executive authority the right to manage his property, but is to be subjected to special surveillance during the period of his punishment.

Art. 56. When a criminal commits a grave or light crime while released from confinement as above, his release shall be stopped forthwith, and the days spent at large cannot be computed in the term of his punishment.

Art. 57. A criminal who commits a grave or light crime during the term of his punishment cannot be released conditionally as above.

[Page 664]

Section 7.—Final release or escape.

Art. 58. One who has escaped the execution of a penalty may obtain a final release in consequence of the expiration of a time fixed by law.

Art. 59. In the case of the principal punishments a final release may be obtained at the expiration of the following term of years: Death, after thirty years. Perpetual service or banishment after twenty-five years. Limited service or banishment after twenty years. Severe service in the chain-gang or imprisonment after fifteen years. Light service in the chain-gang or imprisonment after ten years. Confinement or the major fine after seven years. Arrest and detention or the minor fine after one year.

Art. 60. In the case of deprivation or suspension of civil rights and in case of surveillance no final release can be obtained. A superadded major fine is released along with the principal punishment. Things forfeited are released finally after the expiration of five years, excepting always such things as are prohibited by law.

Art. 61. The final release is reckoned from the day when escape from the infliction of punishment was effected. When a second escape after arrest is effected the computation is to be made from the day of such second escape. When a “Kaheno Saibau” (trial when absent) is had, the computation must be made from the day when absence was declared.

Art. 62. When an order is issued to pursue and arrest the person who has escaped the execution of punishment, the final release must be computed from the day when the last order was issued.

Section 8.—Restitution of rights.

Art. 63. A person who has been deprived of his civil rights can have them restored in certain cases, according to circumstances, at the expiration of five years from the termination of the principal punishment. One who has obtained the final release may also obtain the restitution of his civil rights at the end of five years from the time when subjected to surveillance.

Art. 64. Any one pardoned in a general release shall assume at once the exercise of his civil rights; but one pardoned by a special act does not assume the exercise of his civil rights unless it is so stated expressly in the writ of pardon. Those who thus acquire the exercise of their civil rights are also exempt from surveillance.

Art. 65. The restitution of civil rights cannot be made without imperial cognizance.

Chapter III.—On increasing or diminishing Punishments.

Art. 66. In increasing or diminishing punishments according to the law the following order is to be observed. In no case, however, is a punishment to be increased so as to result in death:

Art. 67. The punishment of grave crimes is to be increased or diminished in the following order—

  • First. Death.
  • Second. Perpetual penal service.
  • Third. Limited penal service.
  • Fourth. Severe service in the chain-gang.
  • Fifth. Light service in the chain-gang.

Art. 68. The punishment of grave crimes against the state is to be increased or diminished in the following order:

  • First. Death.
  • Second. Perpetual banishment.
  • Third. Limited banishment.
  • Fourth. Severe imprisonment.
  • Fifth. Light imprisonment.

Art. 69. For a person sentenced to light service in the chain-gang (the lowest degree of punishment mentioned in Article 67), when his punishment is to be diminished, a reduction to from two to five years severe confinement (see Article 24) shall be considered one degree. For a person sentenced to light imprisonment (see Article 68), when his punishment is to be diminished, a reduction to light confinement for from two to five years shall be considered one degree.

Art. 70. When the punishment of a person sentenced to confinement or to pay a major fine is diminished, one-fourth of the time or money mentioned in the law under which he was sentenced shall be regarded as one degree. The punishment is increased in the same proportion. The punishment of a light crime cannot be increased so as to result in a punishment proper for a grave crime. Confinement may be increased to seven years.

Art. 71. Confinement when entirely exhausted results in detention under arrest. A major fine when entirely exhausted results in a minor fine. When in diminishing [Page 665]confinement on a major fine the shortest time, ten days, or the smallest sum, 1 yen 95 sen.($1.95), is reached, said confinement on major line may terminate, or result in detention under arrest, or in a minor fine, as the judge directs.

Art. 72. When the punishment of one sentenced to detention under arrest, or to pay a minor fine, is diminished, as in the case of confinement and the major fine, one-fourth shall he regarded as one degree. The punishment of an infraction of the police regulations cannot be increased to the punishment of a light crime. Arrest and detention may be increased to twelve days, but cannot be reduced to less than one day. The minor fine may be increased to 2 yen 40 sen ($2.40), but cannot be reduced below 5 sen.

Art. 73. When a fraction is reached in the process of reducing or augmenting the term of confinement or arrest and detention, it is omitted in the calculation.

Art. 74. A major fine superadded to a principal punishment increases or is diminished in proportion along with the principal punishment. One fourth the amount will be regarded as one degree. When exhausted, the principal punishment alone is inflicted.

Chapter IV.—Justification and Mitigation.

Section 1.—Justification and mitigation of excusable offenses.

Art. 75. One is not responsible for acts committed in an unavoidable emergency, and unintentionally. The same is true of an act done in defense of one’s life, or the life of a relative, or done in unavoidable danger caused by some natural calamity or unusual change.

Art. 76. A man is not responsible for what he does in obedience to the command of his superior officer in the discharge of his official duties.

Art. 77. One is not responsible for an act committed without intention to commit a crime, except as otherwise declared by some regulation or law. A person is not held to account for an act committed not knowing it to be a crime. When any one commits an aggravated offense not knowing it to be such, he shall not be held accountable for the aggravations. Ignorance of the law shall not be regarded as identical with want of intention.

Art. 78. Any one who, by reason of a defect of mind, cannot discern the right or wrong of an action shall not be held accountable for an offense committed.

Art. 79. A child under twelve years is not responsible; a child over eight years, however, may, according to circumstances, be detained in a place of correction till sixteen years of age, but not longer.

Art. 80. When a person over the age of twelve and under sixteen commits a crime, it shall be ascertained whether he perceived the right or wrong of his act. When committed ignorantly he shall not be held to account, but he may, according to circumstances, be put in a place of correction till twenty years of age, and no longer, if the crime was committed knowingly; its punishment shall nevertheless be reduced two degrees out of leniency to a crime committed at such an age.

Art. 81. When the offender is between sixteen and twenty years of age, one degree of the punishment of his crime shall be remitted out of leniency.

Art. 82. A mute shall not be held accountable for an offense, but may, as circumstances require, be put in a place of correction for a period not exceeding five years.

Art. 83. In case of infraction of police regulations, no leniency will be shown on account of youth to offenders between the ages of sixteen and twenty years. One degree of the punishment of persons between the ages of twelve and sixteen shall be remitted out of leniency to youth. Persons under twelve years of age and mutes shall not be held to account.

Art. 84. Besides the cases mentioned in this section, special cases justifiable or deserving of leniency will be mentioned in the law or regulations bearing on such cases.

Section 2—Diminution of punishment in consequence of self-surrender.

Art. 85. One degree of the punishment of offenders who surrender themselves to the officials before their crime is divulged, shall be remitted excej)t in cases of deliberate murder.

Art. 86. Offenders against property who surrender themselves and make restitution of plunder or compensation for injuries shall have two degrees of their punishment remitted over and above the diminution made in consequence of self-surrender. If not the whole, but a half or more is restored, the punishment shall be reduced one degree.

Art. 87. The same rule (Art’s 85 and 86) shall be observed in the case of those who surrender themselves to the persons injured and not to the officials after committing a crime against property.

Art. 88. When in addition to what is contained in this section any special law or [Page 666]rule mentions the subject of self-surrender, such special law or rule is to be followed in every case under it.

Section 3.—Diminution of punishment in consequence of extenuating circumstances.

Art. 89. The punishment of grave crimes, light crimes, and infractions of police regulations, all without distinction, may be diminished on account of extenuating circumstances, and this diminution is to be made even in the case of those punishments that are to be augmented or decreased by express law.

Art. 90. When a diminution of punishment is made on the above account, it shall be a diminution of one or two degrees.

Chapter V.—Increase of Punishment on account of repeated commission.

Art. 91. A person who commits a grave crime after undergoing the punishment of a former grave crime, shall have his punishment increased one degree.

Art. 92. A person who commits a light crime after enduring the punishment of a former grave or light crime, shall have his punishment increased one degree.

Art. 93. When any one commits an infraction of the police regulations who has been punished for a like previous offense, his punishment shall be increased one degree. But in this case the second offense must be committed within one year after punishment for the first, and within the territorial limits of the court exercising jurisdiction.

Art. 94. The repeated offense must be committed after the decision of the court in the first case has been reached.

Art. 95. When any one is resentenced to be punished for a crime committed while undergoing punishment, the punishment attended with forced labor shall be inflicted first, and the punishment without such labor shall be inflicted afterwards. If both punishments include or both exclude forced labor, the severest shall be inflicted first. When one is sentenced to pay both the major and the minor fines, he shall pay both without regard to order.

Art. 96. When a person who has been judged by a naval or military court, commits anew a grave or light crime, the first offense not having been dealt with according to the common law, the second shall not be regarded as a repeated offense.

Art. 97. When any one obtains a release in consequence of a general amnesty the matter of repetition of crime, though a fact, shall not come into consideration thereafter.

Art. 98. The punishment of crimes committed three times and upwards shall be increased in the same proportion as the punishment of a crime repeated twice only.

Chapter VI.—Order of augmenting and diminishing Punishments.

Art. 99. When according to the exigencies of a case it is necessary to augment and diminish a punishment sumultaneously, a main punishment in accordance with the general rules the following order shall be observed in determining its character.

Note.—When provision is made by special law for increasing or diminishing a punishment as in the case of one who follows the lead of others, or in the case of one who fails of attaining his end, and like special cases, the punishment as diminished shall be regarded as the main punishment.

The order referred to above is the following:

1st.
Increase on account of repetition.
2d.
Diminution out of clemency.
3d.
Diminution on account of self-surrender.
4th.
Diminution or account of extenuating circumstances.

Chapter VII.—Respecting several Crimes divulged at once.

Art. 100. When any one commits a grave or light crime, and before decision is reached two or more other crimes are divulged together, the offender shall endure the heaviest punishment provided. The, longest period in this case shall be regarded as the proper punishment for a grave crime. When periods are of the same length the punishment that is attended with labor shall be regarded as the heaviest. The punishment to be inflicted for a light crime shall be the one which in the opinion of the judge is the severest.

Art. 101. When two infractions of police regulations are divulged at once each shall be punished. If they are divulged along with a grave or light crime, they shall together constitute one grave offense.

Art. 102. When one offense has been brought to light and decided, and afterwards another offense comes to light of the same kind, or lighter, it is not considered; but if it is a still graver crime it is considered anew, and the punishment of the former is to [Page 667]be computed with the punishment of the latter. When the punishment of the former is a fine it shall be computed with the second period of punishment according to the provision in Article 27. When the first crime has been decided, and the second is a repetition, its punishment shall be made one degree heavier.

Art. 103. While several offenses shall be punished as above, forfeiture and restitution shall be made only as the special regulations require.

Chapter VIII.—Joint Offenders.

Section 1.—The principal.

Art. 104. When two or more persons openly commit a crime, they shall be regarded all as principals and punished accordingly.

Art. 105. Any one who instigates another to commit a grave or light crime shall be regarded as a principal.

Art. 106. When oh account of personal character, the punishment of a principal is augmented, the like increase shall not be made in the case of the other principals, accessories, or instigated persons.

Art. 107. When a punishment is increased on account of numbers, persons instigated shall not be counted in.

Art. 108. When any one has been instructed and instigated to commit a crime and the person instigated commits a different crime, or commits it in a different manner, he shall be dealt with as follows:

1st. If the crime committed is graver than the crime suggested or instigated to, the offender shall be punished for the crime to which he was instigated.

2d. If the crime committed is lighter than the crime instigated to, the offender shall be punished for the crime committed.

Section 2.—Accessories.

Art. 109. All persons who knowingly supply instruments, or who lead, direct, or make provision for, and thereby aid the principals and facilitate their crimes, are accessories. Their punishment is one degree less than that of the principals. When the crime committed by the principals proves to be graver than the accessories knew, its punishment shall for this reason be diminished one degree.

Art. 110. When a person, whose character requires him to receive an increase of punishment, is an accessory, the graver punishment shall be diminished one degree on this account; but when the personal character of the principal entitles him to a diminution of punishment, the punishment of the accessory is not diminished accordingly.

Section 9.—Designated hut unaccomplished crimes.

Art. 111. When a person has merely meditated the commission of a crime or made preparation to commit it but has not carried out his intention, he shall not be punished inasmuch as his crime is not defined in law.

Art. 112. When any one actually attempts a crime but is prevented from committing it by some unexpected obstruction or accident, the punishment shall be one or two degrees lower than the punishment of an actual crime.

The foregoing rule (article 112) shall be observed in the case of attempted grave crimes. In the case of attempted light crimes it shall not be observed nor the punishment there prescribed inflicted, when not so stated in the law or rule bearing on the case.

Intended infractions of police regulations shall not be investigated.

Chapter X.—Relatives.

Art. 114. In this law the following shall be regarded as relatives:

(a)
Grandparents, parents, husband, and wife.
(b)
Children, grandchildren and their consorts.
(c)
Brothers, sisters, and their consorts.
(d)
Children of brothers, and sisters and their consorts.
(e)
Brothers and sisters of parents and their consorts.
(f)
Children of uncles and aunts.
(g)
Consorts of grandparents and parents.
(h)
Brothers and sisters of consorts and their parents.
(i)
Nephews and nieces of consorts.
(j)
Uncles and aunts of consorts.

Art. 115. The word “grandparents” includes great-grandparents, and great-great-grandparents, and grandparents on the female side. The word “parents” includes [Page 668]step-parents, and direct mother. (A concubine’s son regards the real wife as his direct or legal mother.—Translator.) The words “children” and “grandchildren” include the child of a concubine, great-grandchildren, and great-great-grandchildren. The words “brothers and sisters “include the brothers and sisters of step-parents. An adopted child ranks with the real children of the family into which he is adopted.

Book II.—GRAVE AND LIGHT CRIMES AGAINST THE PUBLIC WELFARE.

Chapter I.—Crimes against the Imperial Family.

Art. 116. Any one who injures or attempts to injure the Emperor or one of the three empresses is punishable with death.

Art. 117. Any one who is disrespectful to the Emperor or any of the three empresses shall be punished with from three month’s to five year’s confinement and a major fine of from 20 to 200 yen. Any one showing disrespect to the Emperor’s monuments shall be subject to a like punishment.

Art. 118. Any one who injures a member of the imperial family dangerously shall be punished with death, and any one who threatens injury shall be punished with perpetual penal service.

Art. 119. Any one who is disrespectful to a member of the imperial family shall be punished with from two month’s to four year’s confinement and a major fine of from 10 to 100 yen.

Art. 120. Those who commit any of the above crimes and thereby incur the punishment due a light crime shall be subjected to surveillance for from six months to two years.

Chapter II.—Crimes against the Country.

Section 1.—Of insurrection.

Art. 121. Those who raise insurrection with the intention of overthrowing the government, seizing the territory of the nation, or disturbing the imperial constitution, shall be punished in the manner following:

(a)
Ring-leaders and instigators with death.
(b)
Persons in command or who perform important duties, with perpetual banishment. Those whose cases show extenuating circumstances, with limited banishment.
(c)
Those who supply arms, money, and food, or who perform general services, with severe imprisonment. Those whose cases present extenuating circumstances, with severe confinement.
(d)
Those who follow instigators, and render various services under their direction, with from two to five year’s light confinement.

Art. 122. Any one who shall seize arms, ammunition, ships, money, grain, or other articles laid up for military purposes, with the intention of exciting rebellion, shall be punished as one who has already excited rebellion.

Art. 123. Any one who kills a man, with the intention of disturbing the government, shall be treated as a rebel, even though war does not result from his act. The instigator and perpetrator of the murder shall be punished with death.

Art. 124. The crimes mentioned in the three foregoing articles are to be punished as therein indicated, even when unsuccessfully attempted.

Art. 125. Any one who collects forces, arms, money, or grain, or makes other provision to promote rebellion, shall receive a punishment one degree lighter than that provided in article 121. Those who merely plot, but do not actually prepare for rebellion, shall receive a punishment two degrees lighter than that provided in article 121.

Art. 126. Those who surrender themselves to the authorities before any overt act of rebellion has been committed shall be exempt from the prescribed punishment, even though they have made provision for rebellion or participated in conspiracy; but they shall be subjected to surveillance for from six months to three years.

Art. 127. Any one who provides a meeting place for rebels, knowing them to be such, shall be punished with from two to five years’ confinement.

Art. 128. Any one who takes advantage of a rebellion to commit wantonly a grave or light crime against life or property, shall receive the heaviest punishment provided for such offenses.

Section 2.—Crimes connected with foreign invasion.

Art. 129. Any one who unites with foreigners against his native land, or the allies of his native land, when engaged in war, or who otherwise assaults his native land in the interests of her foes, shall be punished with death.

Art. 130. Whoever in time of war guides the enemy’s soldiers into his native land, [Page 669]or delivers over to the enemy cities or fortresses of his country, or of her allies, or surrenders arms, ammunition, ships, grounds, buildings, or articles used for the purposes of war, shall be punished with death.

Art. 131. Whoever reveals the military condition or plans of his country or her allies to the enemy or who gives information as to garrisons, or roads, shall be punished with perpetual banishment, as shall be the case also with any one who introduces or harbors the enemy’s spies.

Art. 132. Anyone who has received a commission in the army or navy to supply articles or do work, who in time of war shall hold communication with the enemy’s country, or who for bribes shall disobey orders or produce a deficiency of military supplies, shall be punished with perpetual banishment.

Art. 133. Any one who on his own account shall attack a foreign country, shall be punished with limited banishment. If he stops with preparation his punishment shall be lightened two degrees.

Art. 134, If in the time of foreign war a proclamation of neutrality is published in Japan, any one disobeying it shall be punished with from six months’ to three years’ confinement without labor and a fine of from 10 to 100 yen.

Art. 135. Any one who commits any of the offenses named in this chapter and thereby incurs the punishment due a light crime shall be subjected to surveillance to from six months to two years.

Chapter III—Offenses against Public Tranquility.

Section 1.—Mobs.

Art. 136. When a mob assembles to commit acts of violence and refuses to disperse at the instance of the officials, the ring-leaders and instigators of the mob shall be punished with from three months’ to three years’ severe confinement, and their followers with a fine of from 2 to 5 yen.

Art. 137. When a mob assembles and wrangles in a government office or resists the officials, acts disorderly in a town or village, or commits any other act of violence, the ring-leaders and instigators shall be punished in the chain-gang for from nine to eleven years, and others who in response to the call have fanned discontent and helped the movement shall be punished in the chain-gang from six to eight years. This punishment shall be diminished one degree in case of extenuating circumstances. Mere participators and followers shall be liable to a fine of from 2 to 20 yen.

Art. 138. When any one is killed in a mob, or when a dwelling, ship, boat, or storehouse is burnt the actual perpetrators of the crime shall be punished with death. The leaders and instigators of the mob shall also be punished with death, in case the above crimes are perpetrated with their knowledge and consent.

Section 2.—Opposition to officials in the performance of their duties.

Art. 139. Any one who violently and forcibly resists an official while engaged in executing the laws, or the orders of the executive or judicial officers, shall be punished with severe confinement, for from four months to four years, and a fine of from 5 to 50 yen. Any one who forces an official to do what is wrong shall be punished with a like punishment.

Art. 140. Any one who strikes and wounds an official in addition to the commission of the above-named crimes shall receive a punishment one degree heavier than the heaviest punishment provided in the law against assault and battery.

Art. 141. Any one who openly, by gesture or word, insults an official in the performance of his duty shall be punished with severe confinement for from one month to one year and a fine of from 5 to 50 yen. Anyone who, though not openly by printed document, picture, or public address, insults an official shall receive the same punishment.

Section 3.—The escape of prisoners and concealment of offenders.

Art. 142. A prisoner already condemned who makes his escape shall be punished with severe confinement for from one to six months. If in effecting his escape he injures the jail or its furniture, or if he escapes by violence, he shall be punished with severe confinement for from three months to three years.

Art. 143. Such escape shall not be regarded as a repeated offense unless the offender escapes twice during the term of his punishment.

Art. 144. A prisoner not yet condemned who escapes from surveillance shall receive the punishment mentioned in article 142. His original offense, however, shall be aggravated according to the law regulating the case of several offenses committed together.

Art. 145. When three or more prisoners consult together and escape, their punishment shall be increased one degree according to article 142.

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Art. 146. Those who provide prisoners with weapons or other instruments for effecting their escape, or who show them how to escape, shall be punished with severe confinement for from three months to three years, with a fine of from 2 to 20 yen. The above punishment shall be increased one degree in case the effort to escape is successful.

Art. 147. Any one who rescues a prisoner or by violence helps his escape shall be punished with severe confinement for from one to five years and a fine of from 5 to 50 yen. If the prisoner so helped is one undergoing the punishment of a grave crime the offender shall be punished with light penal service. (See article 22.)

Art. 148. If a person set to guard or escort a prisoner lets him escape the offender shall be punished according to article 147.

Art. 149. Those who attempt to commit the crimes mentioned in the foregoing articles and who fail, shall be dealt with according to the law against criminal attempts.

Art. 150. If a guard or escort fails through negligence to observe the escape of a prisoner he should be subjected to a fine of from 2 to 20 yen If the prisoner be one undergoing the punishment of a grave crime the tine shall be from 3 to 30 yen.

Art. 151. Those who conceal or secretly conduct offenders knowing them to be criminals, escaped prisoners, or persons subjected to surveillance shall be punished with light confinement for from eleven days to one year and a fine of from 2 to 20 yen. In the case of one subjected to punishment for a grave crime the punishment thall be increased one degree.

Art. 152. Any one who in order to aid another to escape punishment shall conceal evidences of guilt shall be punished with light confinement for from eleven days to six months, and a fine of from 2 to 20 yen.

Art. 153. When the persons committing the acts forbidden in articles 151 and 152 are relatives of the parties aided their offense shall not be investigated.

Section 4.—The crime of evading the execution of the accessory punishments.

Art. 154. When persons whose civil rights have been taken away or suspended exercise those rights in private, they render themselves liable to severe confinement for from one month to one year and a fine of from 2 to 10 yen.

Art. 155. When a person subjected to surveillance violates the regulations he shall be punished with severe confinement for from fifteen days to six months.

Art. 156. The offense mentioned in the two preceding articles shall not be regarded as a repeated offense unless it be committed twice during the term of confinement.

Section 5.—Concerning the manufacture in private of arms and ammunition for war purposes, and the holding the same in possession.

Art. 157. Anyone who shall, without a government order or permit, manufacture arms, ammunition, or explosive articles suitable for army or navy use, or who shall import the same, shall be punished with severe confinement for from two months to two years and a fine of from 20 to 200 yen. One who sells the above articles shall be punished with severe confinement for from one month to one year, and a fine of from 10 to 100 yen.

Art. 158. The punishment of workmen and other employès who, under the direction of the principal offender, violate the above law shall be diminished two degrees.

Art. 159. Persons who attempt to commit the offenses mentioned in the two foregoing articles shall be dealt with according to the law against criminal attempts.

Art. 160. Any One who keeps in his possession, privately, the articles mentioned in article 157 shall be fined from 2 to 20 yen.

Art. 161. Instruments and machinery specially provided for the manufacture of the articles mentioned in article 157 shall be confiscated whenever found.

Section. 6.—Obstruction of communication.

Art. 162. Any one who shall interrupt communication by destroying or obstructing roads, bridges, rivers, harbors, &c., shall be punished with severe confinement for from two months to two years and a fine of from 2 to 20 yen.

Art. 163. The same punishment shall be inflicted on those who by strategy or force detain the mail.

Art. 164. Any one who destroys telegraph machinery or poles or who prevents the passage of electricity by cutting the wires shall be punished with severe confinement for from three months to three years and a fine of from 5 to 50 yen. In case the injury inflicted on the machinery, poles, or wires is not such as to interrupt communication, the punishment shall be diminished one degree.

Art. 165. Any one who destroys the rails of a railroad or the signals to prevent the passage of the cars, or who interposes any dangerous obstruction, shall be punished with severe penal service. (See article 22.)

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Art. 166. Any one who shall destroy a light-house, buoy, or other signals used to insure the safety of vessels, or who shall display false signals with the intention of hindering the passage of vessels, shall be punished as provided in article 165.

Art. 167. When the forementioned offenses are committed by an officer, employé, or workman in the service of the railroad or light-house departments, the punishment shall in each case be increased one degree.

Art. 168. Any one who shall commit any of the offenses mentioned in article 162, and thereby cause the death or injury of any one, shall receive the severest punishment provided in the special law against the crimes of murder and maiming.

Art. 169. Any one who shall commit any of the crimes mentioned in articles 165 and 166, and thereby upset the cars or sink a vessel, shall be punished with perpetual banishment, or with death in case life is thereby destroyed.

Art. 170. Any one who shall attempt, though ineffectually, to commit any of the crimes mentioned in this Section VI shall be dealt with according to the law against such attempts.

Section 7.—Invasion of dwellings.

Art. 171. Any one who shall in the day time without cause enter a dwelling occupied by a family, or a building guarded by some person, shall be punished with severe confinement for from eleven days to six months. The foregoing punishment shall be increased one degree in the following cases:

(a)
When the entrance is effected by climbing over or breaking down a gate, door, fence, or wall, or by opening a lock.
(b)
When the person entering brings with him weapons or implements for committing crimes.
(c)
When the entrance is effected in a violent manner.
(d)
When two or more enter together.

Art. 172. Any one who shall at night without cause enter an occupied house, or guarded building, shall be punished with severe confinement for from one month to one year. In case the crime is aggravated by acts such as are mentioned in article 171, the punishment shall be increased one degree.

Art. 173. Any one who shall without cause enter the Emperor’s palace, gardens, summer residence, stopping place, or cemetery shall receive a punishment one degree heavier than that provided in the two foregoing articles.

Section 8.—Breaking open official seals.

Art. 174. Any one who shall break open a seal affixed to a house, store-house, or to anything else by a government office shall be punished with severe confinement for from two months to two years. In case the offense is committed by a person in charge the punishment shall be increased one degree.

Art. 175. Any one who shall break a government seal and steal or destroy the government property shall be punished with the severest punishment provided by the law against theft and destruction of property.

Art. 176. When a person in charge through negligence fails to observe the offender who breaks open the seal and steals or destroys property, such person in charge shall pay a fine of from 2 to 20 yen.

Section 9.—Refusing to perform public service.

Art. 177. When any officer of the army or navy receives a summons from a department authorized to call out troops, without reason refuses to comply, he shall be punished with light confinement for from two months to two years and a fine of from 5 to 50 yen.

Art. 178. Any one registered for military service in the army or navy who shall mutilate his body or feign sickness, or make any other pretense, in order to be exempted from service, shall be punished with severe confinement for from one month to one year and a fine of from 3 to 30 yen. If he instigates another to assume his name and enlist instead of him his punishment shall be the same, and the person instigated to enlist shall be dealt with according to article 231.

Art. 179. If a physician, chemist, or other person is summoned by a government officer to dissect, analyze, or test anything, and without cause refuses, he shall pay a fine of from 4 to 40 yen.

Art. 180. When any one refuses without cause to answer a summons to bear testimony as a witness in court, he shall be subject to a like fine.

Art. 181. A physician who refuses without cause when ordered to investigate a disease or to suggest a method of disinfection when an epidemic prevails or a suspected ship enters a port, shall be punished with a fine of from 5 to 50 yen. A cattle doctor who shall be guilty of the above offense when a cattle plague prevails shall receive a punishment one degree lighter than the foregoing.

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Chapter IV.—Crimes against Credit

Section 1.—Of counterfeiting money.

Art. 182. Any one who shall counterfeit the gold and silver coin or paper money of the empire, and who shall circulate such counterfeited money, shall be punished with perpetual banishment. One who shall alter money or circulate altered money shall be punished with light penal service.

Art. 183. Any one who shall counterfeit or use when counterfeited the foreign gold and silver coin current in the country shall be punished with limited banishment. Any one who shall alter such coin and circulate it when altered shall be punished with from two to five years, severe confinement.

Art. 184. Any one who shall counterfeit bank bills issued with government permission or who shall alter such notes or circulate them when altered shall be dealt with according to the two preceding articles, observing the distinction between foreign and domestic money.

Art. 185. Any one who shall counterfeit and circulate when counterfeited the current paper coin of the land shall be punished with light penal service. If be alters and then circulates such coin he shall be punished with light confinement for from one to three years.

Art. 186. The punishment of any one who shall counterfeit or alter the aforementioned moneys but not circulate them shall be mitigated one degree. An attempt merely to counterfeit shall be mitigated two degrees from the punishment prescribed by law. The punishment of one who has merely provided machinery for counterfeiting shall be mitigated three degrees.

Art. 187. A workman who shall take employment, knowing the object of his employer to be to counterfeit or alter money, shall receive a punishment one degree less than that provided by law for the principal offender in such cases. Any one who assists the workman by attending to miscellaneous business shall receive a punishment one or two degrees less than that of the workman.

Art. 188. Any one who shall provide a house or room, knowing that it is needed for the purpose of counterfeiting or altering money, shall receive a punishment two degrees less than that of the principal offender.

Art. 189. Any one who shall import counterfeited or altered money shall receive the same punishment as the counterfeiter or alterer.

Art. 190. Any one who shall receive and circulate counterfeit or altered money, knowing it to be such, shall receive a punishment two degrees lighter than that provided by law for the counterfeiter. One who has not circulated the counterfeit money in his possession shall receive a punishment three degrees lighter.

Art. 191. Any one who incurs the punishment due a minor crime in consequence of having committed any of the foregoing offenses, shall be subjected to surveillance for from six months to two years.

Art. 192. If any one who has counterfeited or altered money or imported or received it shall make confession before putting it in circulation he shall be exempted from the punishment provided, but he shall be subjected to surveillance for from six months to three years. If a workman, helper in all work, or the provider of a house shall confess before money has been put in circulation, he shall be exempted from punishment.

Art. 193. Any one who after receiving money learns that it is counterfeit or altered, and yet circulates it, shall pay a fine equal to twice the amount of money put in circulation, provided that such fine shall never be less than 2 yen.

Section 2.—Counterfeiting government seals.

Art. 194. Any one who shall counterfeit the Emperor’s seal or the government seal, or who shall use such counterfeited seals shall be punished with perpetual banishment.

Art. 195. Any one who shall counterfeit the seal of a government office, or who shall use such counterfeited seal shall be punished with severe penal service.

Art. 196. Any one who shall counterfeit the government stamp or mark used to stamp productions or articles of merchandise, or who shall use such counterfeit stamp or mark shall be punished with light penal service. Any one who shall counterfeit the government stamp used to mark books and like articles, or who shall use such counterfeited stamp shall be punished with severe confinement for from one to three years.

Art. 197. Any one who shall steal and use the impression of the imperial seal, government seal, or official seal or stamp shall receive a punishment one degree lighter than the preceding punishment for counterfeiting. If this act is done by a person in charge, the punishment will be the same as for counterfeiting.

Art. 198. Any one who shall counterfeit or alter the stamped and ruled paper issued by the government, or postage stamps, or shall knowingly use such counterfeited articles, [Page 673]shall be punished with severe confinement for from one to five years, and a fine of from 5 to 50 yen.

Art. 199. Any one who shall use government or postage stamps that have been once used shall pay a fine from 2 to 20 yen.

Art. 200. Any one who shall merely attempt the commission of the crimes enumerated in this section shall be dealt with according to the law against criminal attempts.

Art. 201. Any one who shall receive the punishment due a minor crime in consequence of having committed one of the offenses mentioned in this section shall also be subjected to surveillance for from six months to two years.

Section 3.—Forgery of official documents.

Art. 202. Anyone who shall forge an imperial document or add to, take from, or otherwise change one shall be punished with perpetual banishment. Any one who shall destroy such document shall receive the like punishment.

Art. 203. Any one who shall forge, add to, take from, or otherwise alter an official document, and use the same shall be punished with light penal service; as shall also be any one who destroys such official document.

Art. 204. Anyone who shall forge a government bond, title deed, or other evidence, or shall add to, take from, or otherwise alter and use such documents shall be punished with light penal service. If the government bond is without signature the punishment shall be increased one degree.

Art. 205. If an official shall forge, add to, take from, or otherwise alter a document relating to his appropriate duties, he shall receive a punishment one degree heavier than that provided in the two preceding articles; or if he destroys such document his punishment shall be the same.

Art. 206. Any one who in forging an official document shall also counterfeit or steal and use the official seal shall be dealt with according to the law against such counterfeiting, and shall receive the heaviest punishment provided.

Art. 207. Any one who shall commit any of the offenses mentioned in this section and by virtue of the law of palliating circumstances shall receive the punishment due a minor crime, shall be subjected to surveillance for from six months to two years.

Section 4.—Forgery of private seals and documents.

Art. 208. Any one who shall forge and use the private seal of another person shall be punished with severe confinement for from six months to five years and a fine of 5 to 50 yens. This punishment shall be diminished one degree in case he steals and uses the impression only.

Art. 209. Any one who shall forge a bill of exchange or other salable indorsed document, such as a contract convertible into a sum of money, or who shall add to, take away from, or alter and use such documents shall be punished with light penal service. Any one who shall falsely indorse and use such documents shall receive the same punishment.

Art. 210. Any one who shall forge, add to, take from, alter and use any document relating to buying, selling, borrowing, lending, forwarding, exchanging, or other right and lawful action, shall be punished with from four months’ to four years’ severe confinement and a fine of from 4 to 40 yen. Any one who shall forge, add to, take from, alter and use any other private documents shall be punished with from one month to one year severe confinement and a fine of from 2 to 20 yen.

Art. 211. Anyone who shall merely attempt the commission of any of the minor crimes mentioned in this section shall be dealt with according to the law against criminal attempt.

Art. 212. Any one who shall commit any of the crimes mentioned in this section and shall therefore receive the punishment due to a minor crime shall be subjected to surveillance for from six months to two years.

Section 5.—Of forging permits, tickets, and certificates of health.

Art. 213. Any one who shall forge a government permit or ticket and use it shall be punished with severe confinement for from one month to one year and a fine of from 4 to 40 yen. If in doing so he shall counterfeit, steal, or use the official seal he shall be dealt with according to law against such counterfeiting.

Art. 214. Any one who shall obtain a permit or ticket by falsifying his registration rank or name, or by any other device, shall be punished with severe confinement for from fifteen days to six months and a fine of from 2 to 20 yen. An official who knowing the circumstances shall issue such permit or ticket shall receive one degree additional punishment.

Art. 215. Any one who, to avoid public service, shall use the name of a physician and forge a certificate of sickness and use it, whether for himself or another, shall be [Page 674]punished with severe confinement for from one month to one year and a fine of from 3 to 30 yen. A physician, who, on application, shall make out a false certificate shall be punished with one degree more severity.

Art. 216. Any one who shall forge and use a certificate of sickness in order to avoid service in the army or navy, or the physician who shall make a false certificate on application shall receive a punishment one degree heavier than that fixed in the preceding article.

Art. 217. Any one who shall add to, take from, or alter a permit, ticket, or certificate of health shall receive the same punishment as a forger.

Section 6.—False testimony.

Art. 218. Any one who shall, when summoned by a court to testify in a criminal case, conceal a matter of fact or bear false testimony in order to shelter the defendant from justice shall be dealt with as follows:

(1.)
One who bears false testimony in order to shelter an offender from the punishment of a severe crime shall be punished with severe confinement for from two months to two years and a fine of from 4 to 40 yen.
(2.)
One who bears false testimony in order to shelter an offender from punishment of a light crime shall be punished with severe confinement for from one month to one year and a fine of from 2 to 20 yen.
(3.)
One who bears false testimony in order to shelter an offender charged with an infraction of police regulations shall be dealt with according to the law against said infractions.

Art. 219. When, by means of false testimony, a defendant escapes just punishment the above punishment of the false witnesses shall be increased one degree.

Art. 220. One who shall bear false testimony in order to incriminate a defendant shall be dealt with as follows:

(1.)
Any one who shall testify falsely in order to prove a defendant guilty of a grave crime shall be punished with severe confinement for from two to five years and a fine of from 10 to 50 yen.
(2.)
Any one who shall testify falsely in order to prove a defendant guilty of a light crime shall be punished with a severe confinement for from six months to two years and a fine of from 4 to 40 yen.
(3.)
Any one who shall testify falsely in order to prove a defendant guilty of an infraction of police regulations shall be punished with severe confinement for from one to three months and a fine of from 2 to 10 yen.

Art. 221. If after a defendant has been subjected to punishment by reason of false testimony, the fact becomes known that false testimony was rendered in the case, the false witness shall be substituted and bear the punishment. If this punishment is lighter than the punishment due by law to this crime of false testimony the offender shall be punished according to the law against false testimony. When the crime of false testimony is divulged during the period of punishment the number of days past may be subtracted from the term of punishment of the substitute; but the term must not be reduced below the term required by the law against false testimony.

Art. 222. If on account of false testimony the defendant endures the death penalty, the punishment of the false witness shall be one degree less, and two degrees less in case the fact becomes known before the day fixed for the execution. If any one bears false testimony with the intention of effecting the death of the defendant he shall endure the death penalty. If the facts become known before the day of execution the punishment shall be mitigated one degree.

Art. 223. Any one who shall bear false testimony in the trial of civil, commercial, or executive matters shall be punished with severe confinement for from one month to one year and a fine of from 5 to 50 yen.

Art. 224. Any one who shall make a false statement when summoned to court to decide a matter, or to interpret, shall be dealt with, according to the foregoing law against false testimony.

Art. 225. Any one who shall use a bribe or like means in order to induce a man to bear false witness or render a false decision, or make a false translation, shall be tried by the law against false testimony.

Art. 226. If the person committing the crimes forbidden in this section confesses before the court renders its decision in the case he shall escape the punishment prescribed.

Section 7.—False weights and measures.

Art. 227. Any one who shall make a false weight or measure or alter one, and sell or buy with it, shall be punished with from two to five years’ severe confinement and a fine of from 10 to 50 yen. If he counterfeits the government stamp, or if he steals it, he shall receive the heaviest punishment provided by the law against such counterfeiting.

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Art. 228. The punishment of one who knowingly uses such weights and measures in buying and selling shall be one degree less than that fixed by law against falsifying weights and measures.

Art. 229. Any one who keeps in his possession a, weight or measure altered from the standard adopted for merchants, farmers, and workmen shall be punished with from one to three months’ severe confinement and a fine of from 2 to 20 yen. If any one gains property by using such altered weights and measures, he shall be dealt with according to the law against obtaining money by false pretences.

Art. 230. The punishment of one who is instigated or induced by another to alter weights and measures shall be one degree less than that of the instigator, who is regarded as the principal offender.

Section 8.—Falsifying one’s rank.

Art. 231. Any one who shall make a false statement to a government officer respecting his registration, rank, name, age, or occupation shall pay a fine of from 2 to 20 yen.

Art. 232. One who falsely assumes the rank and office of an official, or who wears an official badge or a decoration of a foreign country, shall be punished with from fifteen days’ to two months’ light confinement and a fine of from 2 to 20 yen.

Section 9.—Falsifying public elections.

Art. 233. Any one who shall falsify a public vote or shall increase or diminish the true number shall be punished with from one month to one year’s light confinement and a fine of from 2 to 20 yen.

Art. 234. Any one who shall give or receive a bribe to vote shall be punished with light confinement for from two months to two years and a fine of from 3 to 30 yen.

Art. 235. If a person who inspects an election or counts the number of votes falsifies the vote, adding to or diminishing it, he shall be punished with from six months to three years’ light confinement and a fine of from 4 to 40 yen.

Art. 236. If any one who makes out an account and reports the result of an election increases or diminishes the number of votes, or falsifies in any other respect, he shall be punished with from one to five years’ light confinement and a fine of from 5 to 50 yen.

Chapter V.—Offenses against Health.

Section 1.—Opium.

Art. 237. Any one who shall import, manufacture, or sell opium shall be punished with limited banishment.

Art. 238. Any one who shall import, make, or sell instruments for smoking opium shall be punished with light penal service.

Art. 239. Any custom-house official who shall knowingly let opium or instruments for smoking it be imported shall receive a punishment one degree heavier than that mentioned in the two previous articles.

Art. 240. Any one who for purposes of gain shall rent a house for smoking opium shall be punished with light penal service, as shall also any one who shall induce another to smoke opium.

Art. 241. Any one who smokes opium shall be punished with severe confinement for from two to three years.

Art. 242. Any one who shall possess or receive and give opium or the instruments for smoking it shall be punished with severe confinement for from one month to one year.

Section 2.—Polluting pure drinking-water.

Art. 243. Any one who shall pollute pure water provided for drinking purposes for men, and shall render it unfit for use, shall be punished with severe confinement for from eleven days to one month and a fine of from 2 to 5 yen.

Art. 244. Whoever infects water by using anything injurious to man’s health, or changes its character, shall be punished with severe confinement for from one month to one year, and a fine of from 3 to 30 yen.

Art. 245. Whoever shall commit the foregoing offenses and thereby render any one sick or cause his death shall be dealt with according to the law against inflicting injuries, receiving the heaviest punishment provided therein.

Section 3.—Offenses against quarantine regulations.

Art. 246. Whoever, contrary to the rules provided for the prevention of epidemics, [Page 676]shall disembark from a vessel, that has entered port, or shall convey goods on shore, shall be punished with light confinement for from one month to one year or a fine of from 20 to 200 yen.

Art. 247. The captain of a ship who himself shall violate the foregoing article, or knowingly let another violate it without restraining him, shall receive a punishment one degree heavier than that provided above.

Art. 248. Whoever in time of pestilence shall violate the quarantine regulations by going from an infected locality to another place shall be punished with light confinement for from fifteen days to six months or a fine of from 10 to 100 yen.

Art. 249. In time of a cattle-plague whoever shall take cattle from one place to another contrary to the quarantine regulations shall be punished with light confinement for from eleven days to two months or a tine of from 5 to 50 yen.

Section 4.—Offienses against the rules regulating the manufacture of dangerous articles, and articles injurious to health.

Art. 250. Whoever without government permission establishes a factory for making dangerous articles shall pay a fine of from 20 to 200 yen. If any one establishes a factory for making articles injurious to health, he shall pay a fine of from 10 to 100 yen.

Art. 251. Whoever shall fail to observe the rules for preserving health and preventing danger, even though he has obtained government permission to establish his factory as aforesaid, shall receive a punishment one degree less than that provided in the foregoing article.

Art. 252. Whoever shall violate the two preceding articles and thereby injure any one or destroy life shall receive the heaviest punishment provided by the law against accidental homicide or injury.

Section 5.—The sale of drinks, food, and drugs injurious to health.

Art. 253. Whoever shall mix anything injurious to health in food or drink and sell the same shall pay a fine of from 3 to 30 yen.

Art. 254. Whoever shall sell poisonous or dangerous drugs contrary to law shall pay a fine of from 10 to 100 yen.

Art. 255. Whoever shall violate the above two regulations and thereby cause death or injury shall receive the heaviest punishment provided in the law against accidental homicide and injury.

Section 6.—Unlicensed medical practice.

Art. 256. Whoever shall practice medicine without an official license shall pay a fine of from 10 to 100 yen.

Art. 257. If the above offender shall by mal-practice cause the death or injury of any one he shall receive the heaviest punishment provided in the law against unintentional homicide and injury.

Chapter VI.—Offenses against Manners and Morals.

Art. 258. Whoever shall be found guilty of vile conduct in public shall be punished with a fine of from 3 to 30 yen.

Art. 259. Whoever shall expose obscene books, pictures, or other objects, or buy or sell them, shall be fined from 4 to 40 yen.

Art. 260. Whoever shall open a gaming place for the purpose of gain and collect gamblers shall be punished with severe confinement for from three months to one year and a fine of from 10 to 100 yen.

Art. 261. Whoever shall game for property of any kind shall be punished with severe confinement for from one to six months and a fine of from 5 to 50 yen. Whoever with full knowledge shall provide rooms shall be punished in like manner. This law is not to apply to those who game for food and drink. The instruments for gambling found on the ground shall be forfeited.

Art. 262. Whoever shall collect valuables and engage in the business of gambling by means of the “tamkuji” or lot shall be punished with severe confinement for from one to six months and a fine of from 5 to 50 yen.

Art. 263. Whoever shall be guilty of disrespect publicly exhibited towards a Shinto or Budhist temple, grave yard, or place of worship shall be fined from 2 to 20 yen. If any one interrupts preaching or worship he shall be fined from 4 to 40 yen.

Chapter VII.—Of throwing aside the bodies of the Dead and of opening Graves.

Art. 264. Whoever shall throw aside a dead body that ought to be buried shall be [Page 677]punished with severe confinement for from one month to one year and a fine of from 2 to 20. yen.

Art. 265. Whoever shall open a grave and expose a coffin or dead body shall be punished with severe confinement for from two months to two years and a fine of from 3 to 30 yen. Any one who in opening a grave shall mangle or displace a dead body shall be punished with severe confinement for from three months to three years and a fine of from 5 to 50 yen.

Art. 266. Any one who merely attempts to commit the offense mentioned in this chapter shall be dealt with according to the law against criminal attempts.

Chapter VIII.—Of hindering the business of Merchants, Farmers, and Workmen.

Art. 267. Whoever shall by strategy or force prevent the sale of grain or other necessary articles of food shall be punished with severe confinement for from one to six months and a fine of from 3 to 30 yen. This punishment shall be mitigated one degree in the case of one who hinders the sale of other articles than those above mentioned.

Art. 268. Whoever shall by strategy or force hinder sale by auction or competitive bidding shall be punished with severe confinement for from fifteen days to three months and a fine of from 2 to 20 yen.

Art. 269. The above punishment shall be inflicted in case any one by strategy or foree hinders the work of farmers and mechanics.

Art. 270. If an employé of a farmer or manufacturer shall by strategy or force interfere between an employer and persons ready to take employment, for the purpose of obtaining higher wages or different terms of work, he shall be punished with severe confinement for from one to six months and a fine of from 3 to 30 yen.

Art. 271. If an employer shall by force or strategy, and for the purpose of keeping down wages, interfere between persons ready to take work and another employer he shall receive the same punishment. (See article 270.)

Art. 272. If any one shall disturb the price of grain and other necessary articles of food by circulating false reports he shall be fined from 10 to 100 yen.

Chapter IX.—Malfeasance in Office.

Section 1.—Of officials injuring the public welfare.

Art. 273. If an official shall fail to publish and execute the laws and regulations in his jurisdiction, or hinder their publication and execution by another official, he shall be punished with light confinement for from two to six months and a fine of from 10 to 50 yen.

Art. 274. If any official, who has the right to call for and use troops, shall fail to perform his duty in this respect, in case of a local disturbance or uprising that should be put down by military force, he shall be punished with light confinement for from three months to three years, and a fine of from 20 to 100 yen.

Art. 275. If an official engages in mercantile pursuits contrary to law he shall pay a fine of from 20 to 500 yen.

Section 2.—Of offenses committed by officials against the people.

Art. 276. If an official, by a wrongful exercise of authority, shall make any of the people do what he has no right to require, or pre vent them from doing what they have a right to do, he shall be punished with light confinement for from eleven days to two months, and a fine of from 2 to 20 yen.

Art. 277. If when danger is threatened by disturbers of the peace to person or property, a judge of an open court, inspector, or police officer shall receive notice and not promptly take measures for security, he shall be punished with light confinement from fifteen days to three months, and a fine of from 2 to 20 yen.

Art. 278. If an officer with power to arrest shall arrest any one contrary to the form and regulations prescribed by law, or if he shall confine any one unjustly, he shall be punished with severe confinement for from fifteen days to three months,” and a fine of from 2 to 20 yen, which punishment shall be increased one degree in case he confines any one for a longer period than ten days.

Art. 279. The above punishment shall be inflicted also in case an officer in charge of a prison places a man under arrest contrary to regulations, or fails to release a prisoner at the expiration of his term.

Art. 280. If an official, such as is described in the two foregoing articles or an escort charged to keep a prisoner take away his food, drink, or clothing, or perform any other cruel act, he shall be punished with severe confinement for from three months to three years, and a fine of from 4 to 40 yen. If the death or injury of the prisoner results, he shall be dealt with according to the law against inflicting injuries, and shall receive the heaviest punishment provided therein.

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Art. 281. If in time of flood, fire, or other calamity, an official fails to release from confinement, and death or injury results, he shall receive a punishment one degree heavier than that prescribed in the law against the infliction of injuries.

Art. 282. A judge, prosecutor, or police officer who shall use violence or force to compel confession of crime from a person on trial, shall be punished with severe confinement for from four months to four years, and a fine of from 5 to 50 yen. If the person on trial is killed or injured, he shall receive the heaviest punishment provided in the law against the infliction of injuries.

Art. 283. If a prosecutor or judge, without reason, refuses to hear a complaint in a criminal case, or delays to examine it, he shall be punished with light confinement for from fifteen days to three months, and a fine of from 5 to 50 yen. The same rule shall hold in civil cases.

Art. 284. If an official shall be approached by any one and shall take a bribe or allow a proposal to be made, he shall be punished with severe confinement for from one month to one year, and a fine of from 4 to 40 yen. This punishment shall be increased one decree in case any unjust action is taken in consequence of receiving the bribe.

Art. 285. If a judge in a civil case shall receive a bribe or allow such a thing to be proposed to him he shall be punished with severe confinement for from two months to two years, and a fine of from 5 to 50 yen. This punishment shall be increased one degree in case an unjust judgment be rendered in consequence of the judge’s act.

Art. 286. If a judge, prosecutor, or police officer takes a bribe in a criminal case or allows a proposal to be made, he shall be punished with severe confinement for from two months to two years, and a fine of from 5 to 50 yen. If the defendant is thereby sheltered from justice, the punishment shall be severe confinement for from three months to three years, and a fine of from 10 to 100 yen. If the defendant is in consequence wrongfully condemned, the punishment shall be severe confinement for from two to five years, and a fine of from 20 to 200 yen. If the above punishment of the innocent party is heavier than this, substitution shall be made according to articles 221 and 222.

Art. 287. If the judge, prosecutor, or police officer does not receive a bribe, yet if through prejudice or hatred he wrongfully protects or punishes the defendant, his punishment shall be the same as mentioned above, article 286.

Art. 288. The bribes mentioned in the foregoing articles shall be forfeited, and when spent, their equivalent shall be collected from the offender.

Section 3.—Offenses of officials against property.

Art. 289. An official who steals money, grain, or anything else left in his keeping shall be punished with light penal service. If in consequence he adds to, takes from, alters or destroys any official record or document, he shall be dealt with according to article 205.

Art. 290. If an official who collects customs and ships’ dues collects more than the law requires, he shall be punished with severe confinement for from two months to four years, and a fine of from 5 to 50 yen.

Art. 291. Any one who shall commit the crimes mentioned in this section, and in consequence be punished with the punishment due a light crime, shall be subjected to surveillance for from six months to two years.

Book III.—GRAVE AND LIGHT CRIMES AGAINST PERSON AND PROPERTY.

Chapter I.—Crimes against the Person.

Section 1.—Murder and manslaughter.

Art. 292. Any one who lays a plan and kills a man deliberately is guilty of murder and shall be punished with death.

Art. 293. Poisoning shall be regarded as deliberate murder and be punished with death.

Art. 294. One who on account of special provocation kills a man is guilty of manslaughter, and shall be punished with perpetual banishment.

Art. 295. A homicide who shall dissever, cut open, or otherwise cruelly mangle his victim, shall be punished with death.

Art. 296. If a man without premeditation kills another to facilitate the commission of a grave or light crime, or to escape the punishment of a crime already committed, he shall be punished with death.

Art. 297. One who when the intention to kill a man has arisen, deceives and leads him into danger, thereby causing his death, shall be regarded as guilty of manslaughter. But one who does the same with malice aforethought shall be regarded as a deliberate murderer.

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Art. 298. Whoever in attempting to commit homicide kills another by mistake, a different person, shall be regarded as a murderer or as guilty of manslaughter, as the case may be.

Section 3.—Assault and battery.

Art. 299. Any one who causes the death of a man by assaulting and beating him shall be punished with severe penal service.

Art. 300. Any one who in beating a man shall put out his eyes, destroy his hearing, break his arms or legs, cut off his tongue, destroy his privy members, render him idiotic or diseased, shall be punished with light penal service. If he destroy one eye, an ear or one limb, or maims the body so as to cripple the person assaulted, he shall be punished with severe confinement for from two to five years.

Art. 301. If the person who commits assault and battery injures his adversary so that he cannot work for more than twenty days, he shall be punished with severe confinement for from one to three years. If his adversary is disabled for less than twenty days he shall be punished with severe confinement for from one month to one year. If the person beaten is not disabled from work, but only receives a bodily injury, the offender shall be punished with severe confinement for from eleven days to one month.

Art. 302. If a man commits assault and battery premeditately and disables, wounds, or kills another he shall receive a punishment one degree heavier than that mentioned in the foregoing articles.

Art. 303. If a man commits assault and battery in order to facilitate the commission of a grave or light crime, or to escape the punishment of a crime already committed, he shall be punished as article 302 directs.

Art. 304. If any one shall assault by mistake and wound another, he shall receive the punishment provided in the law against assault and battery.

Art. 305. If two or more persons together commit assault and battery, each one shall be punished according to the severity of the wounds inflicted; if this distinction cannot be made out, each one except the instigator shall be punished for the infliction of the severest wound, which punishment shall be mitigated one degree.

Art. 306. The punishment of one who in a concerted attack merely aids but does not inflict a wound shall be mitigated one degree.

Art. 307. A person who injures another by the use of articles injurious to health shall be dealt with according to the law against deliberate assault and battery.

Art. 308. If any one shall lead another into danger, though not with intent to kill, and death or maining be the result, he shall be regarded as having committed assault and battery.

Section 3.—Justifiable and excusable homicide and maiming.

Art. 309. Any one who kills or wounds an assailant, under the influence of sudden anger when attacked, is excusable, but not when he himself provokes the assault.

Art. 310. When two persons come to blows and inflict mutual injuries, and it is not possible to ascertain who was the aggressor, the offense of both may be excused or mitigated.

Art. 311. The offense of a husband who, knowing his wife’s infidelity, kills or wounds her or her paramour on the spot, is excusable, but not if he has already before allowed her adultery.

Art. 312. The offense of any one who kills or injures a man to prevent his entering an occupied house in the day time without cause, or to prevent his climbing over a wall or a fence, or breaking a door is excusable.

Art. 313. All the punishments appropriate to the forementioned excusable offenses may be mitigated two or three degrees.

Art. 314. If any one in self defense or in defense of another is obliged to kill or wound an assailant he is justifiable, but not so if by unjust conduct he has provoked the assault.

Art. 315. Any one who is obliged to kill or wound a man is justifiable in the following cases:

1st.
In opposing any one who attempts to set fire to or otherwise destroy his property.
2d.
In opposing a thief and repossessing stolen goods.
3d.
In resisting the forcible entrance of his house at night or the climbing over or breaking down a door, fence, or wall.

Art. 316. One who in defending his own property without necessity, inflicts injury on his assailant, or who inflicts injury on him after danger is past is not justifiable, but may be excused in certain cases according to article 313.

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Section 4.—Accidental homicide and maiming.

Art. 317. Anyone who by carelessness or neglect, or by failing to observe regulations or customs, causes the accidental death of any one shall be punished with a fine of from 20 to 200 yen.

Art. 318. Whoever shall by accident injure a man so as to disable him or render him seriously diseased shall be punished with a fine of from 10 to 100 yen.

Art. 319. Any one who shall wound a man accidentally so as to prevent his working at his occupation shall be punished with a fine of from 2 to 50 yen.

Section 5.—Offenses connected with suicide.

Art. 320. Any one who instigates another to commit suicide, or when requested aids him to do so, shall be punished with light, confinement for from six months to three years, and a fine of from 10 to 50 yen. The punishment of the person who aids as above shall be mitigated one degree.

Art. 321. Any one who shall instigate another to commit suicide for purposes of gain shall be punished with severe penal services.

Section 6.—Of arbitrary arrest and confinement

Art. 322. Any one who arbitrarily arrests another or confines him in his own house shall be punished with from eleven days’ to two months’ severe confinement, and a fine of from 2 to 20 yen. One degree shall be added to the above punishment for every ten days of such confinement.

Art. 323. Any one who shall beat, torture, or deprive of food or clothing a person confined or bound, or who shall commit any other cruel act on such person shall be punished with severe confinement for from two months to two years, and a fine of from 3 to 30 yen.

Art. 324. Any one who shall commit any of the forementioned crimes, and thereby injure or wound another, shall receive the heaviest punishment provided in the law against assault and battery.

Art. 325. The above punishment shall be inflicted on any one who shall arbitrarily imprison another and neglect to release him in case of flood, fire, or earthquake, if death or injury results to the person so confined.

Section 7. Threats.

Art. 326. Any one who shall threaten to kill a man, or burn down his dwelling, shall be punished with severe confinement for from one to six months, and a fine of from 2 to 20 yen. Any one who shall threaten to strike, wound, or commit any other act of violence on the person of another, or who shall threaten to burn, destroy, or take away his property, shall be punished with severe confinement for from eleven days to two months, and a fine of from 2 to 20 yen.

Art. 327. Any one who shall have a weapon on his person when he commits any of the foregoing crimes shall be punished with one degree greater severity.

Art. 328. Any one who threatens to inflict injury on a man by injuring his relatives shall receive the punishment provided in the two foregoing articles.

Art. 329. The offenses mentioned in this section will not be prosecuted, unless complaint is made by the person threatened or by his relatives.

Section 8.—Of producing abortions.

Art. 330. A pregnant woman who by the use of medicine or other means produces an abortion shall be punished with severe confinement for from one to six months.

Art. 331. Anyone who shall oblige another to use medicine or other means to produce an abortion shall be punished as provided in Article 330. If death results he shall be punished with severe confinement for from one to three years.

Art. 332. The punishment of a physician, midwife, or apothecary who commits any of the foregoing crimes, shall be increased one degree in each case.

Art. 333. Any one who shall frighten or deceive a pregnant woman into producing an abortion shall be punished with severe confinement for from one to four years.

Art. 334. Anyone who shall strike, or do any other act of violence to a pregnant woman, knowing her to be such, and thereby produce abortion, shall be punished with severe confinement for from two to five years. Any one who shall act as above with the intention of producing an abortion, shall be punished with light penal service.

Art. 335. Any one who shall commit the offenses mentioned in the two foregoing articles, and thereby disable or permanently injure or kill a woman shall receive the heaviest punishment provided for such acts in the law against assault and battery.

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Section 9.—The crime of abandoning children or sick and aged persons.

Art. 336. Any one who shall abandon a child under eight years of age shall be punished with severe confinement for from one month to one year, as also any one who shall abandon a sick or old person who is unable to obtain a livelihood.

Art. 337. Any one who shall abandon a child under eight years of age or an aged or sick person in a solitary place, shall be punished with severe confinement for from four months to four years.

Art. 338. When any one who is employed and receives wages to take care of a child or helpless person commits the offenses mentioned in Articles 336 and 337, his punishment shall be increased one degree.

Art. 339. Any one who abandons a child, old person, or invalid, and thereby disables him shall be punished with light penal service. If the disability is chronic he shall be punished with severe penal service. If death results he shall be punished with limited banishment.

Art. 340. If any one knows that a child, aged person, or invalid has been cast away on grounds in his possession or charge, and does not render aid nor report the matter to the authorities he shall be punished with severe confinement for from fifteen clays to six months. The same punishment shall be inflicted on any one who shall see any one fall down sick, and not render aid.

Section 10.—Kidnapping and decoying away.

Art. 341. Any one who shall kidnap or decoy away a child under twelve years of age and hide the child himself or transfer it to another person, shall be punished with severe confinement for from two to five years, and a fine of from 10 to 100 yen.

Art. 342. If any one kidnaps a youth between the ages of twelve and twenty and hides him or transfers him to another, he shall be punished with severe confinement; for from one to three years, and a fine of from 5 to 50 yen. If he decoys away one or this age and conceals or transfers him he shall be punished with severe confinement for from six months to two years, and a fine of from 2 to 20 yen.

Art. 343. If any one knowing that a child has been kidnapped or decoyed away, makes him his household servant, or receives him under another name, his punishment shall be one degree less than that provided for in the two preceding articles.

Art. 344. The offenses mentioned in the foregoing articles shall be investigated on the complaint of the party injured or his relatives. But if the kidnapped or decoyed person has been legally married his complaint will be fruitless.

Art. 345. If any one kidnaps or decoys away a person under twenty years of age and delivers him to a foreigner he shall be punished with light penal service.

Section 11.—Obscene conduct, adultery, and bigamy.

Art. 346. Whoever is guilty of indecent conduct towards a boy or girl under twelve years of age, and whoever is guilty of such conduct attended with threats of violence towards a boy or girl over twelve years of age shall be punished with severe confinement for from one month to one year, and a fine of from 2 to 20 yen.

Art. 347. Whoever shall be guilty of indecent conduct, attended with threats of violence, towards a boy or girl under twelve years of age shall be punished with severe confinement for from two months to two years, and fine of from 4 to 40 yen.

Art. 348. Any one who commits a rape on a woman over twelve years of age shall be punished with light penal service. Any one who renders a woman insensible or distracted by the use of medicine and then has criminal intercourse with her shall be regarded as having committed a rape.

Art. 349. Any one who defiles a girl under twelve years of age shall be punished with light penal service, and whoever commits a rape on such a girl shall be punished with severe penal service.

Art. 350. The crimes mentioned in the foregoing articles shall be prosecuted on complaint of the injured party or his relatives.

Art. 351. Any one who in the commission of the above-mentioned crimes, kills or injures another shall receive the severest punishment provided in the law against assault and battery. In case disability or permanent injury results from the commission of a rape the offender shall be punished with limited banishment. In case death results he shall be punished with perpetual banishment.

Art. 352. Any one who shall act as a middle man and instigate a boy or girl under sixteen years of age to commit fornication shall be punished with severe confinement for from one to six months, and a fine of from 2 to 20 yen.

Art. 353. A married woman who commits adultery shall be punished with severe confinement for from six month to two years. He who commits adultery with her shall receive the same punishment. The above offense shall be prosecuted upon the complaint of the husband, but his complaint will be fruitless if he has previously allowed his wife to commit adultery.

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Art. 354. If any one who has a consort shall contract a second marriage be shall be punished with severe confinement for from six months to two years, and a fine of from 5 to 50 yen.

Section 12.—False accusation and slander.

Art. 355. Any one who without cause shall bring a false accusation against another shall be dealt with according to the law against false testimony, article 220.

Art. 356. If a false accuser surrenders himself before the injured party institutes inquiries he shall escape the above punishment, even though he has actually accused falsely.

Art. 357. If, by reason of a false accusation, the person accused has been subjected jbo punishment the offender shall be dealt with according to Articles 221 and 222.

Art. 358. Any one who shall hunt up and divulge bad actions or disgraceful conduct, and thereby defame another, shall, without inquiring whether the fact is so or not, be dealt with according to the following regulation:

(1)
Any one who shall defame another in a public address shall be punished with severe confinement for from eleven days to three months, and a fine of from 3 to 30 yen.
(2)
Any one who shall defame another by circulating documents or pictures, or by making representations in theatrical plays or by images, shall be punished with severe confinement for from fifteen days to six months, and a fine of from 5 to 50 yen.

Art. 359. If any one censures the dead without falsely accusing them he shaft not be dealt with according 10 the foregoing law.

Art. 360. If a physician, apothecary, midwife, attorney, advocate, letter-writer, or Buddhist or Shinto priest divulges any private matter communicated to him respecting the person or business of any one who requires his services, he shall be regarded as a defamer, and punished with severe confinement for from eleven days to three months, and a fine of from 3 to 30 yen; but he shall not be so punished in case he is summoned to court to testify to matters of fact.

Art. 361. The offenses in this section shall be prosecuted on complaint of the injured party or of the relatives of the dead.

Section 13.—Offenses against parents and grandparents.

Art. 362. A child or grandchild who murders or kills unintentionally his parents or grandparents shall be punished with death. If he commits a crime connected with the suicide of his parents or grandparents (see Articles 320 and 321) his punishment shall be two degrees greater than that of an ordinary person.

Art. 363. If a child or grandchild strikes, wounds, confines, threatens, abandons, falsely accuses, defames, or commits any other offense against his parents or grand-parents, he shall be punished with two degrees greater severity than an ordinary person. If he permanently disables his parents or grandparents he shall be punished with limited banishment. If he induces permanent disease he shall be punished with perpetual banishment. If he causes death he shall be punished with death.

Art. 364. If a child or grandchild does not supply his parents or grandparents with food and clothing, or if he withholds any other needful support, ho shall be punished with severe confinement for from fifteen days to six months, and a fine of from 2 to 20 yen. If sickness or death results the punishment shall be the same as provided in Article 363.

Art. 365. The crime of killing parents or grandparents cannot be justified or excused, except when done in ignorance.

Chapter II.—Crimes against Property.

Section 1.—Theft.

Art. 366. Any one who steals the property of another is guilty of theft, and shall be punished with severe confinement for from two months to four years.

Art. 367. Any one who takes advantage of a time of fire, flood, or earthquake to commit theft, shall be punished with severe confinement for from six months to five years.

Art. 368. Any one who climbs over or breaks through a door, gate, fence, or wall, or who opens a lock and enters a house or store-house and steals, shall be punished as above. (Article 367.)

Art; 369. If two or more persons together commit the crimes mentioned in the last three articles, their punishment shall be increased in each case one degree.

Art. 370. If one brings arms on his person and so enters the dwelling-house of another and steals, he shall be punished with light penal service.

Art. 371. If any one steals his own property that he has pawned to another, or that [Page 683]has, by government order, been placed in charge of another, he shall be regarded as guilty of theft.

Art. 372. Any one who steals grain, tea, or other like productions in the field, shall be punished with severe confinement for from one month to one year.

Art. 373. Any one who steals bamboo, timber, metal, or other productions in the mountains or woods, or who steals the productions which support men and give them employment in the rivers, ponds, lakes, or sea, shall receive the above punishment.

Art. 374. Any one who shall steal cattle from a pasturage shall be punished with severe confinement for from two months to two years.

Art. 375. Any one who attempts to commit any of the crimes mentioned in this section shall be dealt with according to the law against such attempts.

Art. 376. Any one who shall undergo the punishment due a minor crime, in consequence of having committed any one of the offenses named in this section, shall be subjected to surveillance for from six months to two years.

Art. 377. If grandparents, parents, husband, wife, children and grandchildren, or brothers and sisters who live together steal each other’s property, this shall not be regarded as theft, except when the theft is committed and the proceeds divided with another.

Section 2.—Robbery.

Art. 378. Any one who threatens a man or commits acts of violence on him, and thereby takes away his property, is guilty of robbery, and shall be punished with light penal service.

Art. 379. The punishment of one who commits robbery under the following circumstances shall be increased one degree in each case:

(1)
When two or more commit robbery together.
(2)
When the robbers are armed.

Art. 380. If a robber wounds a man he shall be punished with perpetual banishment; if he kills a man he shall be punished with death.

Art. 381. A robber who commits a rape shall be punished with perpetual banishment.

Art. 382. When a thief has stolen property and, to prevent its recapture, uses threats or offers violence at the time, he shall be regarded as a robber.

Art. 383. If any one uses medicine or liquor to make another drunk, and steals his property, he shall be regarded as a robber and punished with light penal service.

Art. 384. Any one who has committed the crimes mentioned in this section, and by reason of mitigating circumstances has incurred the punishment of a light crime, shall be subjected to surveillance for from six months to two years.

Section 3—Lost or buried things.

Art. 385. If any one picks up a lost or floating article and does not restore it to its owner, nor report it to the authorities, he shall be punished with severe confinement for from eleven days to three months, and a fine of from 2 to 20 yen.

Art. 386. The above punishment shall be inflicted on one who digs up a buried thing in the grounds of another and hides it.

Art. 387. When the offenses mentioned in this section are committed by the relatives mentioned in Article 377, no notice shall be taken of them.

Section 4.—Bankruptcy, crimes connected therewith.

Art. 388. When a man becomes bankrupt, if he hides his property or excepts it, or magnifies his debts, he shall be punished with severe confinement for from two months to four years. One who knowing the circumstances of the case consents to a false contract, or who acts as a middleman, shall receive the same punishment mitigated one degree.

Art. 389. If any one when bankrupt hides or destroys his account books, or if after distribution has been resolved on he privately pays to one or more of his creditors, to the injury of the rest, he shall be punished with severe confinement for from one month to two years.

Section 5.—Obtaining property by fraud, and crimes relating to valuables received in trust.

Art. 390. Any one who shall obtain valuables or documentary evidences by deceiving or frightening another shall be regarded as guilty of obtaining property by fraud, and shall be punished with severe confinement for from two months to four years, and a fine of from 4 to 40 yen. If in doing as above any one forges a public or private document or adds to, takes from, or alters such document he shall receive the severest punishment provided against forgery.

Art. 391, Any one who shall take advantage of the inexperience of a child or of a [Page 684]man’s mental distraction to extort valuables or documents shall be regarded as guilty of obtaining property by fraud.

Art. 392. Any one who in selling or exchanging an article substitutes a different article or falsifies as to the quantity delivered, shall be regarded as guilty of obtaining property by fraud.

Art 393. Any one who shall represent that the movable or immovable property of another belongs to him, and shall sell or exchange it, or pledge or pawn it, shall be regarded as guilty of obtaining property by fraud, as shall also he who shall conceal the fact that his immovable property is already pawned or pledged and sells it to another, or pawns or pledges it a second time.

Art. 394. Any one who shall commit any of the forementioned crimes shall be subjected to surveillance for from six months to two years.

Art. 395. Any one who shall squander articles received in trust or on loan or as a pledge, or who shall squander money or objects committed to his care shall be punished with severe confinement for from one month to two years. If he obtains possession of said articles by deception, cheating, or other false course he shall be regarded as guilty of the crime of obtaining property on false pretenses.

Art. 396. If any one hides or withdraws his own goods which are held by the government authorities he shall be punished with severe confinement for from one to six months. Any one who does so in case of bankruptcy shall be dealt with according to Article 388.

Art. 397. Any one who shall attempt to commit the crimes mentioned in this section shall be dealt with according to the law against such attempts.

Art. 398. When the crimes mentioned in this section are committed by relatives, as stated in Article 377, they will not be prosecuted.

Section 6.—Stolen objects.

Art. 399. If any one knowingly receives the stolen goods of robbers or thieves, and stores or buys or sells them, he shall be punished with severe confinement for from one month to three years, and a fine of from 3 to 30 yen.

Art. 400. Any one who commits the foregoing crime shall be subjected to surveillance for from six months to two years.

Art. 401. If any one knowingly receives goods that have been obtained by fraud, and stores, buys, or sells them, he shall be punished with severe confinement for from eleven days to one year, and a fine of from 2 to 20 yen.

Section 7.—Arson and accidental fires.

Art. 402. Any one who shall set fire to and burn a man’s dwelling-house shall be punished with death.

Art. 403. Whoever shall set fire to an unoccupied house or other building shall be punished with unlimited banishment.

Art. 404. Any one who shall burn a deserted house or a building containing hay or manure shall be punished with severe penal service.

Art. 405. Any one who shall set fire to a boat or car containing passengers shall be punished with death. If the boat or car is empty he shall be punished with severe penal service.

Art. 406. Anyone who shall set fire to and consume mountain forests, bamboos, grain in the field, stacked hay or bamboo, or other articles, shall be punished with light penal service.

Art. 407. Whoever shall set fire to and burn his own house shall be punished with severe confinement for from two months to two years.

Art. 408. Whoever shall undergo the punishment of a light crime in consequence of having committed arson shall be subjected to surveillance for from six months to two years.

Art. 409. Any one who accidentally sets fire to and burns a man’s house or property shall be punished with a fine of from 2 to 20 yen.

Art. 410. If any one fires off gunpowder or other explosive matter or causes the explosion of a steam-boiler, and thereby destroys houses and property, he shall be dealt with as a deliberate or accidental incendiary, according as his act was intentional or accidental.

Section 8.—Causing inundations.

Art. 411. If any one shall break through a dike or destroy a water-gate and wash away a house occupied by another, he shall be punished with perpetual banishment. If the house or building washed away be unoccupied, he shall be punished with severe penal service.

Art. 412. If any one break open a dike or water-gate and lays waste a rice field, field, or mine, or pasturage, he shall be punished with light penal service.

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Art. 413. If any one shall break open a dike or water-gate to injure another, or to promote his own interest, or otherwise interfere with water conveniences, he shall be punished with from one month to two years’ severe confinement, and a fine of from 2 to 20 yen.

Art. 414. If any one accidentally causes injury by water, he shall be dealt with according to the law against accidental fires.

Section 9.—Wrecking vessels.

Art. 415. If any one sinks a ship containing passengers, by colliding with her or by any other means, he shall be punished with death, or with’ perpetual banishment only, in case no one on board is lost.

Art. 416. If any one in like manner sinks a vessel having no persons on board, he shall be punished with light penal service.

Section 10.—Destruction of houses and injury of animals and plants.

Art. 417. If any one destroys a dwelling-house or other building belonging to another person, he shall be punished with severe confinement for from one month to five years, and a fine of from 2 to 50 yen. If thereby he kills or wounds a man, he shall receive the heaviest punishment provided by the law against assault and battery.

Art. 418. If any one destroys the walls of a house, the ornamental work in gardens or ponds, the fences of fields and pastures, he shall be punished with severe confinement for from eleven days to three months, and a fine of from 2 to 20 yen.

Art. 419. If any one destroys the shrubs, bamboos, trees, or other useful plants of another, he shall be punished with severe confinement for from eleven days to six months, and a fine of from 3 to 30 yen.

Art. 420. If any one destroys or removes things which show the boundary of lands, he shall be punished with severe confinement for from one to six months, and a fine of from 2 to 20 yen.

Art. 421. If any one destroys the instruments or furniture of another, he shall be punished with severe confinement for from eleven days to six months, and a fine of from 3 to 30 yen.

Art. 422. If any one kills another’s ox or horse, he shall be punished with severe confinement for from one to six months, and a fine of from 2 to 20 yen.

Art. 423. If any one kills any other horse, animals (dogs, fowls, &c), besides those mentioned in Article 422, he shall be punished with a fine of from 2 to 20 yen. This offense will be prosecuted on the complaint of the injured party.

Art. 424. If any one destroys or diminishes documents relating to a man’s rights and duties, he shall be punished with severe confinement for from two months to four years, and a fine of from 3 to 30 yen.

Book IV.—INFRACTION OF POLICE REGULATIONS.

Art. 425. If any one commits any of the following offenses, he shall be placed under arrest for from three to ten days, and fined from 1 yen to 1 yen 95 sen:

(1.)
Carrying powder or other explosive material in the streets contrary to regulations.
(2.)
Storing powder and other explosive or combustible matter contrary to the regulations.
(3.)
Making and selling firecrackers without government permission.
(4.)
Recklessly playing with firecrackers and other imflammable things in a place where there are many houses.
(5.)
Violating the regulations governing the making, mending, or cleaning of steam-engines, smoke-stacks, and boilers.
(6.)
Failing to repair a falling house wall or fence after notice from the authorities.
(7.)
Dissecting a dead body without government permission.
(8.)
Failing to give notice to the authorities of a dead body known to be on one’s premises or removing it elsewhere.
(9.)
Striking any one without wounding him.
(10.)
Acting as an unlicensed prostitute, or aiding and harboring such prostitutes.
(11.)
Lying concealed in an unoccupied house.
(12.)
Wandering about without any fixed residence or usual occupation.
(13)
Burying a dead body privately outside of the appointed graveyards.
(14.)
Bearing false testimony in order to shelter a person guilty of an infraction of the police regulations.

Art. 426. If any one commits any of the following offenses, he shall be placed under arrest for from two to five days, or fined from 50 sen to 1 yen 50 sen:

(1.)
Kindling a fire secretly in the vicinity of a house, or in a forest or field.
(2.)
Standing by and looking on in time of a fire or flood or other natural calamity, after being requested by an official to render aid.
(3.)
Selling unripe fruit or putrid food or drinks.
(4.)
Violating rules established for the preservation of health and prevention of epidemics.
(5.)
Failing to put a covering on or fence around dangerous wells, drains, or holes where people pass along.
(6.)
Setting dogs and other animals to fighting on the road or frightening them.
(7.)
Neglecting to guard a crazy man and letting him run at large.
(8.)
Neglecting to chain up cross dogs and violent animals and letting them run at large.
(9.)
Burying a man accidentally killed without inspection.
(10.)
Destroying grave tablets, and destroying or reviling the wayside Buddhist and Shinto divinities.
(11.)
Desecrating Shinto and Buddhist temples and other public buildings.
(12.)
Reviling and reproaching a man in public. This offense will be prosecuted on complaint.

Art. 427. If any one commits any of the following offenses, he shall be placed under arrest from one to three days, or fined from 20 sen to 1 yen 25 sen:

(1.)
Reckless driving of horses and carriages, and thereby obstructing the passage along the streets.
(2.)
Driving horses and carriages into crowded places regardless of prohibition.
(3.)
Rapid driving at night without lamps.
(4.)
Piling up stones and lumber in the streets or highways without fencing in, and without marking the spot with signal light at night.
(5.)
Throwing tiles and small stones in the road, yard, or gardens.
(6.)
Throwing the carcasses of animals and birds in the road, or failing to clear them away.
(7.)
Throwing filthy things in roads, houses, and gardens.
(8.)
Carrying on the work of a mechanic or merchant contrary to police regulations.
(9.)
A doctor’s or midwife’s failing, without just cause, to respond to the call of a man or woman who is taken sick suddenly.
(10.)
Burying a corpse without notice.
(11.)
Deceiving others by rumors and false reports.
(12.)
Deceiving others for gain by explaining lucky and unlucky signs, or by prayers and charms.
(13.)
Building houses, fences, or walls on other people’s grounds, or unduly extending eaves and porches.
(14.)
Building sale-stands on the roadside or riverside without government permission.
(15.)
Destroying way-side trees, street-lamps, and privies.
(16.)
Destroying or mutilating notices not to pass along certain streets and bridges, and also destroying guide-posts.

Art. 428. One who commits any of the following offenses shall be put under arrest for one-day, or fined from 10 sen to 1 yen:

(1.)
Selling an article which has its price fixed by authority above the fixed price.
(2.)
Taking more than the legal rate of toll at bridges, ferries, and other places, or hindering passengers on their way.
(3.)
Passing over bridges and ferries and other places where toll is to be paid, without paying the fixed amount.
(4.)
Carrying on gambling on the wayside.
(5.)
Opening a theater or show against the rules.
(6.)
Destroying ditches and drains, or not cleaning them out when ordered by the proper official.
(7.)
Arranging food and other articles for sale on the wayside in disregard of prohibition.
(8.)
Setting loose and pasturing animals on government grounds without permission.
(9.)
Tattooing the body, or carrying on the business of a tattooer.
(10.)
Setting loose horses, cattle, or other animals that another has tied up.
(11.)
Unfastening small boats fastened by others.

Art. 429. Any one who commits any of the following offenses shall pay a fine of from 5 to 50 sen:

(1.)
Tying up a boat where it may injure a dike or bridge.
(2.)
Driving horses, cattle, carriages, and other things across the way, or piling up stones, timber, fire-wood, or coal, so as to impede the way of passers-by.
(3.)
Stopping up the way by driving abreast.
(4.)
Hindering the passage of boats by running or rowing boats abreast.
(5.)
Throwing water, snow, or dust in the road.
(6.)
Failing to clean the streets when enjoined by the authorities.
(7.)
Playing in the streets regardless of prohibition and thereby stopping up the way.
(8.)
Stopping up a road by negligent driving, or hitching of horses and cattle.
(9.)
Recklessly entering places closed to the public.
(10.)
Passing along a prohibited road in disregard of the prohibition.
(11.)
Loud singing in the streets in disregard of prohibition.
(12.)
Brawling or sleeping in the street when drunk.
(13.)
Extinguishing street lamps.
(14.)
Posting bills and writing on the walls and fences around a man’s dwelling.
(15.)
Destroying house-numbers, sign-boards, notices of sale or rent, and other advertisements.
(16.)
Plucking fruit in the field or garden of another, or plucking grass and flowers.
(17.)
Violating park regulations.
(18.)
Passing through the inclosed fields of another, or driving in cattle and horses.

Art. 430. If any one shall violate the police regulations made to meet the wants of each district, in addition to the foregoing, he shall be dealt with according to the provisions and penalties of such district regulations.