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Overview for Bill on Transfer of International Convict
1. Purpose of Bill

Regarding a Japanese national, or the like, who has been in prison after being sentenced in the final adjudication of an imprisonment penalty in a foreign country and a foreign national, who has been in prison after being sentenced in the final adjudication of an imprisonment with labor or an imprisonment in Japan, the bill stipulates the requirements and procedures necessary for mutual assistance between the countries concerned for enforcing the adjudication and the like in order to promote the improvement and rehabilitation of convicts and their smoother rehabilitation into society, and comply with the "Convention on transfer of a person who is sentenced to a punishment" adopted by the European Council, by performing mutual assistance for executing mutual assistance for executing the adjudication under international cooperation.

2. Overview of Bill

(1) Transfer of a convict from a cognizant country to Japan (transfer of accepted convict)

a) The transfer is performed on condition that the case falls under the requirements such that a convict (a Japanese national or a special inhabitant) must agree to the transfer, the convict must be above 14 years old, the guilty act of the convict must fall under a punishment of imprisonment without labor or heavier penalties even if the criminal act of the convict is conducted in Japan and the case with regard to the criminal act of the convict is not under examination by a Japanese court and the Justice Minister deems the transfer reasonable.

b) As for a foreign punishment which is sentenced in a foreign adjudication, Japan shall provide mutual assistance with the foreign country concerned in executing the adjudication as "the punishment of mutual assistance," the term (the prison term of the punishment of mutual assistance) shall be an imprisonment with labor for life or an imprisonment with labor for a limited term in accordance with the term imprisonment imposed by the cognizant country and the imprisonment with labor for a limited term shall be limited to the upper limit in the criminal code, 20 years (15 years if a convict is sentenced while still a juvenile).

c) A Japanese court examines whether or not a case falls under the requirements of the transfer.

d) The convict after being transferred is regarded as being sentenced to an imprisonment with hard labor if the punishment sentenced by the cognizant country is equivalent to an imprisonment with hard labor and the convict is sentenced to an imprisonment if the punishment sentenced by the cognizant country is equivalent to an imprisonment, and Japan shall provide mutual assistance in executing the punishment pursuant to the laws and regulations of Japan.

(2) Transfer from Japan to an executing country (transfer of entrusted convict)

a) Transfer is conducted on the condition that a case falls under the requirements such that a convict (a national of the executing country or a person the executing country regards as a national) must agree to the transfer, the criminal act of the convict falls under an accusation even if the same is entrusted to the executing country, a retrial or the like is not under examination by a Japanese court, another criminal case of the convict is not under examination by a Japanese court and the Justice Minister deems the transfer reasonable.

b) Mutual assistance in executing the adjudication for an imprisonment with labor or an imprisonment of the convict after the transfer shall be provided pursuant to the laws and regulations of the executing country.

c) When mutual assistance in executing the punishment is completed in the executing country, the execution of the punishment is deemed to be completed in Japan as well.

3. Member countries of the "Convention on transfer of a person who is sentenced to a punishment" adopted by the European Council

The forty member countries of the European Council and the nine countries outside of the European Council, such as the U.S.A. and Canada, have concluded the Convention. In recent years, the number of countries that have concluded the Convention have been steadily increasing, and it is anticipated that this trend will continue in the future.

4. Number of convicts who fall under the Convention

There are 132 foreign convicts who come from member countries of the European Convention (the number published in the bulletin as of the end of December 2001) and there are 32 Japanese convicts who have been in jail in member countries of the European Convention.

The number of foreign convicts under the Convention has been increasing rapidly and it is assumed that the number will surely increase in the future


Bill on Transfer of International Convict

Law of Transfer of International Convict

Table of Contents

    Chapter I Overview (Article 1 to Article 4)

    Chapter II Crime of Accepted Convict Transferred (Article 5 to Article 27)

    Chapter III Crime of Entrusted Convict Transferred (Article 28 to Article 38)

    Chapter IV Supplementary Provisions (Article 39 to Article 47)

    Appendix

    Chapter I Overview


(Purpose)

Article 1. Regarding a Japanese national, or the like, who is sentenced to the punishment of a final adjudication in a foreign country and is detained as its execution, and a foreign national who is sentenced to the imprisonment with labor or the imprisonment of a final adjudication and is detained as its execution in Japan, the law stipulates the necessary proceedings for mutual assistance in executing the final adjudication of a foreign punishment that a Japanese national, or the like, is sentenced to and the final adjudication of an imprisonment with labor or an imprisonment that a foreigner, or the like, is sentenced to and, by providing mutual assistance in executing the final adjudication in its home country under international cooperation in view of the importance of promoting the improvement and rehabilitation of a convict and smoother rehabilitation into society, and to comply with the Convention on the transfer of a person who is sentenced to a punishment (hereinafter referred to as the "Convention").

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(Definition)

Article 2. In this law, the meaning of the word "stipulated" is defined in each item.

1) Foreign punishment: a punishment pursuant to the laws of a foreign country, equivalent to an imprisonment with labor or an imprisonment.

2) Punishment of mutual assistance: a foreign punishment executed by Japan as mutual assistance in executing the final adjudication with regard to a crime of an accepted convict transferred who is sentenced to a punishment in a foreign country.

3) Japanese national, or the like: a person who has the nationality of Japan and a special inhabitant (hereinafter referred to as the "special inhabitant") stipulated in the Law Concerning Special Measures (Law No. 71 of 1991) concerning the immigration of a person, or the like, who has been expatriated from Japan based on a peace treaty concluded with Japan.

4) National, or the like, of a Member Country of the Convention:

A person who has the nationality of a foreign country (hereinafter referred to as the "member country"), a member country of the Convention, and a person whom the member country deems to be a national based on the Convention.

5) Acceptance of Transfer: to provide mutual assistance in executing the final adjudication upon accepting from a member country the transfer of a Japanese national, or the like, who is sentenced to the final adjudication of the foreign punishment in the member country based on the Convention, and is detained as its execution.

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6) Transfer of Entrustment: to entrust a member country with mutual assistance in executing the final adjudication upon transferring from Japan to the member country a foreign national, or the like, of the member country who is sentenced to the final adjudication of an imprisonment with labor or an imprisonment, and is detained in Japan as its execution, based on the Convention.

7) Cognizant Country: a member country from which Japan attempts to request acceptance of a transfer, a member country from which Japan has requested acceptance of a transfer and a member country which has requested that Japan accept a transfer.

8) Executing Country: a member country from which Japan attempts to request acceptance of a transfer, a member country from which Japan has requested acceptance of a transfer and a member country which has requested that Japan accept a transfer.

9) Accepted Convict: a convict who, until mutual assistance in the executing the final adjudication of a foreign punishment is completed, being a Japanese national, or the like, is sentenced to the final adjudication of the foreign punishment and is detained as its execution, and a Japanese national, or the like, who is transferred to Japan upon acceptance of a transfer.

10) Entrusted Convict: A convict who, until mutual assistance in executing the final adjudication of an imprisonment with labor or an imprisonment is completed, being a national, or the like, of a member country, who is sentenced to the final adjudication of an imprisonment with labor or an imprisonment and is detained in Japan as its execution, and a national, or the like, who is transferred to the member country upon acceptance of the transfer.

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11) Crime of Accepted Convict Transferred: a crime which is deemed to have been committed by an accepted convict sentenced in the final adjudication of a foreign punishment regarded as the objective of mutual assistance in executing the acceptance of the transfer.

12) Crime of Entrusted Convict Transferred: A crime which is deemed to have been committed by an entrusted convict sentenced in the final adjudication of an imprisonment with labor or an imprisonment regarded as the objective of mutual assistance in executing the transfer of the entrustment.

(Issuance of Request of the like)

Article 3. The Minister of Foreign Affairs issues documents and notices on requests for acceptance of transfer and acceptance of entrustment between Japan and a member country, required for compliance with the Convention. It is, however, provided that the Justice Minister shall issue the above-mentioned documents if the Minister of Foreign Affairs agrees to the deputation in the case of urgency or under any other particular circumstances.

(Measures taken by the Minister of Foreign Affairs receiving a request)

Article 4. When the Minister of Foreign Affairs receives a request for acceptance of transfer or acceptance of entrustment from a member country, the Minister shall attach any relevant documents to the request and send the documents, with an opinion, to the Justice Minister.

(Performance of Acceptance of Transfer)

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Article 5. Acceptance of transfer may be implemented with the exception of the following cases:

1) If an accepted convict does not agree;

2) If an accepted convict is under 14 years old;

3) If any act, which does not fall under a crime where a punishment of imprisonment without labor or heavier penalties is imposed pursuant to the laws and regulations of Japan, was committed by an accepted convict transferred in Japan;

4) If a case regarding a crime of an accepted convict transferred is examined by a Japanese court and the adjudication of innocence is established, if a convict is sentenced to an imprisonment with labor or heavier penalties by a Japanese court and the whole or part of the punishment is executed, or the whole of the punishment is not to be executed

(Confirmation of Consent)

Article 6. Either one of the officials stipulated in the following items shall confirm the consent of a convict stipulated in Item 1 of the preceding Article. In this case, the convict appears before the official to provide a signature and put a stamp on the official document which describes the items related to the provisions of Articles 16 and 17 and other items defined by the ordinance of the Justice Ministry.

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1) Japanese ambassadors, ministers, consuls or officials designated by them, stationed in foreign countries, authorized by the Justice Minister;

2) Officials designated by the Justice Minister

(Measures taken by the Justice Minister)

Article 7. When a cognizant country requests that Japan accept the transfer of a convict, if the request does not fall under either of the items in Article 5 and the Justice Minister finds it appropriate to accept the request, the Justice Minister shall send the relevant documents to a chief public prosecutor at the Tokyo Public Prosecutorís Office and order the prosecutor to file an examination of the case with the Tokyo District Court to verify whether or not the case allows for the acceptance of the transfer.

2) If a cognizant country does not request that Japan accept the transfer, the same procedures shall apply when the Justice Minister finds that the request does not fall under either of the items in Article 5 and finds it appropriate to request that the cognizant country transfer the convict to Japan.

3) If the Justice Minister intends to order the prosecutor to file a request for examination based on the provisions of the preceding item, the Justice Minister shall consult on the matter with the Minister of Foreign Affairs beforehand.

(Request for Examination)

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Article 8. When the order described in Item 1 or Item 2 in the preceding Article is issued, the prosecutor at the Tokyo Public Prosecutorís Office shall immediately file a request for examination with the Tokyo District Court to verify whether or not the case allows for the acceptance of the transfer.

2) The prosecutor shall file a request for examination in writing and attach the relevant documents.

Article 9. If the Tokyo District Court receives a request for examination, it shall immediately begin examining the case and subsequently make a judgment.

(Decision by Tokyo District Court)

Article 10. The Tokyo District Court shall make a decision based on the results of the examination pursuant to the provisions of the preceding Article, in accordance with the following classifications:

1) A decision to dismiss the request for examination if it is not legitimate

2) A decision to the effect that the acceptance of the transfer may not be allowed if the case falls under the category of cases that may not allow the transfer;

3) A decision to the effect that the acceptance of the transfer may be allowed if the case falls under the category of cases which may allow the transfer.

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2) When the Tokyo District Court makes a decision pursuant to the preceding Article, the court shall immediately send a certified copy of the decision to a public prosecutor at the Tokyo Public Prosecutorís Office and simultaneously return the relevant documents to the Office.

(Submission of Certified Copy of Decision, or the like, to the Justice Minister)

Article 11. When the certified copy of a decision is sent to a chief public prosecutor at the Tokyo Public Prosecutorís Office pursuant to the provisions in Item 2 in the preceding Article, the prosecutor shall immediately submit the certified copy together with the relevant documents to the Justice Minister.

(Request for Acceptance of Transfer to a Cognizant Country)

Article 12. The Justice Minister may request that a cognizant country accept a transfer if the cognizant country does not request Japan to transfer a convict to the country, the decision is made pursuant to Item 3, Subsection 1, Article 11 and the Justice Minister deems it appropriate.

(Order of Acceptance of Transfer by the Justice Minister)

Article 13. When a cognizant country requests that Japan accept a transfer and a decision is made pursuant to Item 3, Subsection 1, Article 11, or when a cognizant country notifies Japan of its acceptance if Japan has requested that the cognizant country accept a transfer pursuant to the provisions of the preceding Article, the Justice Minister shall order the chief public prosecutor at the Tokyo Public Prosecutorís Office to perform the acceptance of the transfer. This shall not apply, however, in cases where the Justice Minister does not deem it appropriate to order the acceptance of the transfer.

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(Notice to Accepted Convict)

Article 14. When the Justice Minister requests that the cognizant country transfer a convict to Japan for the acceptance of the transfer pursuant to the provisions of Article 12 and orders the performance of the acceptance of the transfer, the Minister shall notify the accepted convict in writing. This shall apply to either case; if the cognizant country requests that Japan perform the acceptance of the transfer, the Justice Minister either confirms the consent of the accepted convict based on the provisions of Article 6, or decides not to perform the acceptance of the transfer.

(System of Order of Acceptance of Transfer)

Article 15. The order, pursuant to Article 13, shall be in writing and certified copies of the relevant documents shall be attached to the order.

2) The document, referred to in the preceding item, shall describe the name of the accepted convict, the age, the name of the cognizant country, the name of the crime of acceptance of transfer, the prison term of the punishment, the date and place of acceptance of transfer and the prison where the convict is to be detained, and the Justice Minister shall provide his signature and put a stamp on the document.

(Execution Method of Punishment of Mutual Assistance)

Article 16. When the Justice Ministry receives delivery of an accepted convict from a cognizant country pursuant to the order of Article 13, the Justice Ministry shall provide mutual assistance in executing the final adjudication of a foreign punishment with regard to the crime of the accepted transfer, by executing the punishment of the types stipulated in the items, in accordance with the classifications of the foreign punishments sentenced in the final adjudication with regard to the accepted transfer of the crimes as stipulated in the following items:

1) If the foreign punishment is equivalent to a punishment with labor, the accepted convict is detained in a jail and is made to perform predetermined work.

2) If the foreign punishment is not equivalent to the case stipulated in the preceding item, the accepted convict is detained in a jail.

(2) If there are two or more foreign punishments sentenced in the final adjudication with regard to the accepted transfer of the crime, they are executed as one punishment of mutual assistance. In this case, if all of the foreign punishments are equivalent to the punishments with labor, the punishment as stipulated in the preceding Item 1 shall apply, and if either of the foreign punishments is not equivalent to a punishment with labor, the punishment as stipulated in the preceding Item 2 shall apply.

(Term of Punishment of Mutual Assistance)

Article 17. The term of the punishment of the mutual assistance shall correspond to the classifications of the foreign punishment sentenced in the final adjudication with regard to the accepted transfer of the crime, as stipulated in each of the following items:

1) If the foreign punishment (either one if there are two or more) is life imprisonment, life imprisonment shall apply.

2) If the prison term does not fall under the case stipulated in the preceding item, it shall be the prison term stipulated in the following a) or b) corresponding to the classification of the number of days (except for the number of days in which the convict has not been detained in the cognizant country as its execution) from the date (the earliest date if there are two dates or more; the same as below) on which the execution of the foreign punishment is initiated in the cognizant country as stipulated in the following a) or b) to the final date of which the accepted convict is deemed to be detained.

a) The number of days until the date on which 20 years have elapsed, if the prison term exceeds the number of days until the date on which 20 years have elapsed from the date on which the execution of the foreign punishment is initiated in a cognizant country.

b) The number of days until the final date, if the prison term does not exceed the number of days until the date on which 20 years have elapsed from the date on which the execution of the foreign punishment is initiated in a cognizant country.

2) Regarding the application of the provision in the preceding item if a person is sentenced to the foreign punishment (all of them if there are more than two punishments) with regard to the punishment of mutual assistance, if the accepted convict is less than 20 years old, the "20 years" stipulated in Item 2 in the same clause shall be "15 years."

(Calculation of Prison Term of Punishment of Mutual Assistance)

Article 18. The prison term shall count from midnight of the date corresponding to the time in Japan (the earliest date if there are two dates or more) on which the execution of the foreign punishment sentenced in the final adjudication with regard to the accepted transfer of the crime in the cognizant country is initiated.

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2) The prison term shall not include the number of days the convict is deemed not to be detained in a jail as its execution of the foreign punishment sentenced in the final adjudication with regard to the accepted transfer of the crime in the cognizant country, or the number of days in which the convict is not detained in jail after the delivery of the accepted convict from the cognizant country pursuant to the order stipulated in Article 13.

(Issuance of Warrant for Imprisonment of Acceptance or the like)

Article 19. If the order stipulated in Article 13 is implemented, a prosecutor at the Tokyo Public Prosecutorís Office shall issue a warrant for imprisonment of the accepted convict.

2) The items stipulated in Clause 2, Article 15 shall be described in the warrant for imprisonment and the prosecutor at the Tokyo Public Prosecutorís Office shall provide a signature and stamp on the warrant.

3) The warrant for imprisonment of the accepted convict shall have the same force as a bench warrant and a jail official shall execute the warrant under the direction of the prosecutor at the Tokyo Public Prosecutorís Office.

4) The first half of Clause 1 in Article 73 and the provision in Article 74 in the Code of Criminal Procedure (Law No. 131 of 1948) shall be applied mutatis mutandis to the execution of the warrant for imprisonment of the accepted convict stipulated in Clause 1. In this case, among the provisions, each of the below-mentioned items shall be read as follows: "A defendant" shall be read as "an accepted convict pursuant to Clause 9, Article 2 of the Law on Transfer of International Convict;" "a warrant for imprisonment" stipulated in the first half of Clause 1, Article 73 in the same law and "a warrant for imprisonment or a warrant for detention" stipulated in Article 74 in the same law, shall be read as "a warrant for the imprisonment of an accepted convict stipulated in Clause 1, Article 19 of the Law on Transfer of International Convict;" and "a court and other places" in the first half of Clause 1, Article 73 in the same law shall be read as "a prison."

(Execution Direction of Punishment of Mutual Assistance)

Article 20. A public prosecutor at the Tokyo Public Prosecutorís Office shall direct the execution of the punishment of mutual assistance.

2) The direction in the preceding clause shall be implemented in writing and a certified copy of the document stipulated in Clause ????, Article 15 with certified copies of relevant documents shall be attached to the execution direction.

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(Application of Criminal Code or the like)

Article 21. A person who is subject to the execution of the punishment of mutual assistance stipulated in Item 1, Clause 1, Article 16 shall be regarded as being subject to an imprisonment with labor; a person who is subject to the execution of the punishment of mutual assistance stipulated in Item 2 in the same clause shall be regarded as being subject to an imprisonment; a punishment of mutual assistance stipulated in Item 1 in the same clause shall be regarded as an imprisonment with labor; a punishment of mutual assistance in Item 2 in the same clause shall be regarded as an imprisonment, and respectively, the following provisions shall apply to the execution of the punishment of mutual assistance: Article 22, Article 24, Article 28, Article 29, Article 31 to Article 33 and Clause 1, Article 34 of the Criminal Code (Law No. 45 of 1907), Article 474, Article 480 to Article 482, Article 484 to Article 489, Article 520 to Article 504 and Article 507 of the Code of Criminal Procedure, Article 1, Article 3 to Article 7, Article 11 to Article 16, Article 18 to Article 32, Article 34, Article 36 to Article 66, Article 68 to Article 70 and Article 73 to Article 75 of the Law of Jail, Clause 1, Article 2, Clause 1, Article 27, Article 56, Article 57 to Article ???? and Article 61 of the Juvenile Law (Law No. 168 of 1948), Article 1, Article 2, Article 4 to Article 9, Clause 1, Article 10, Article 10-2, Article 13, Clause 1, Article 14, Article 4 and Article 5, Article 14-2 to Article 16, Clause 2, Article 17, Article 17-2 and Article 17-4 to Article 17-6 of the Reformatory Law (Law No. 169 of 1948) and Article 2, Article 3, Article 12, Article 18, Article 28 to Article 32, Clauses 1 and 2 Article 33, Article 34 to Article 37, Article 39 to Article 41-2, Article 42-2, Article 44, Article 45 (except for Clause 3), Article 48-2 to Article 53 and Article 55 to Article 60 of the Law of Criminal Preventive Rehabilitation (Law No. 142 of 1949). In this case, "one third" in Article 28 of the Criminal Code shall include the number of days a convict has been detained in jail as the execution of the foreign punishment (hereinafter referred to as the "foreign punishment") in Clause 1, Article 2 of the Law on Transfer of International Convict sentenced in the final adjudication with regard to the accepted transfer of the crime (hereinafter referred to as the "accepted transfer of crime") in Clause 11, Article 2 in the same law in one third (a cognizant country (hereinafter referred to as the "cognizant country") in Clause 7, Article 2 of the Law on Transfer of International convict),

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"10 years" shall be "10 years" (including the number of days a convict has been detained in jail as the execution of the foreign punishment sentenced in the final adjudication with regard to the accepted transfer of crimes in a cognizant country), "after the sentence of a punishment is established" in Article 32 in the same law shall be "after the delivery of a convict from a cognizant country pursuant to the order in Article 13 of the Law on Transfer of International Convict," "2 or more" in Article 474 of the Code for Criminal Procedure shall be "punishments of mutual assistance (hereinafter referred to as the "punishment of mutual assistance") in Clause 2, Article 2 of the Law on Transfer of International Convict," "its heavier punishments" shall be "punishments of mutual assistance," "other punishments" shall be "principal penalty," "a public prosecutorís office responding to a court which sentences a punishment" in Article 480 and Article 482 in the same law shall be "The Tokyo Public Prosecutorís Office," "the name of a punishment" in Article 487 in the same law shall be "kinds of punishments of mutual assistance," "a person who will be subject to the execution of an adjudication" in Article 502 in the same law shall be "a person who will be subject to the execution of the punishment of mutual assistance," "a court which has sentenced" shall be "The Tokyo District Court," and "a conviction against a principal is established while a probation has been sentenced on the principal" in Clause 1, Article 27 of the Juvenile Law and "an imprisonment with labor, an imprisonment or a detention is established while a probation has been sentenced" in Article 57 in the same law shall be "a person who will be subject to the execution of the punishment of mutual assistance in Clause 2, Article 2 of the Law on Transfer of International Convict, on whom a probation has been sentenced," and technicalities requiring reading as other expressions in connection with the application of these provisions shall be determined by a government ordinance.

(Special Rule of Parole)

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Article 22. An accepted convict who is sentenced to a foreign punishment (all of them if there are two or more punishments) with regard to the punishment of mutual assistance who is less than 20 years old, may be eligible for parole after the following terms (including the number of days the convict has been detained in jail) have elapsed:

1) Seven years in connection with the punishment of mutual assistance for life imprisonment;

2) Three years in connection with the punishment of mutual assistance for an imprisonment for a definite term exceeding ten years;

3) One year and eight months in connection with the punishment of mutual assistance for an imprisonment for a definite term exceeding five years but less than ten years;

4) One third of the prison term in connection with the punishment of mutual assistance for an imprisonment for a definite term of less than five years.

(Special Rule of Obligation of Notice by the Governor of the Facility)

Article 23. When the direction pursuant to Clause 1, Article 20 is implemented, and the term of punishment of a convict, pursuant to Article 28 of the Criminal Code applied by the provision of Article 21 or stipulated in Article 22 in this law, has already passed, the governor of the prison shall immediately notify a local rehabilitation and protection commission.

(Special Rule of Termination of Parole)

Article 24. After a convict, stipulated in Article 22, is eligible for parole with regard to the punishment of mutual assistance for life imprisonment, if 10 years have passed without the disposal being cancelled, the execution of mutual assistance is deemed to have terminated.

2. After an accepted convict, stipulated in Article 22, is eligible for parole with regard to the punishment of mutual assistance for an imprisonment for a definite term, if the same term as the term in which the convict has been subject to the execution of the punishment of mutual assistance before the parole without the disposal being cancelled (including the number of days the convict has been detained in jail as its execution of a foreign punishment sentenced in the final adjudication with regard to the accepted transfer of the crime in a cognizant country) or the prison term of the punishment of mutual assistance has passed, the execution of the punishment of mutual assistance is deemed to have terminated on whichever date comes earlier. If the prison term of the punishment of mutual assistance is less than 3 years, however, this shall not apply.

(Commutation of Execution of Punishment of Mutual Assistance or the like)

Article 25. The Central Rehabilitation and Protection Judging Committee may submit an offer to the Justice Minister for the commutation of the sentence or pardon of the execution of the punishment of mutual assistance against the convict.

2) If the Justice Minister receives the offer described in the preceding item, the Justice Minister may reduce or pardon the execution of the punishment of mutual assistance of the accepted convict.

3) If the Justice Minister reduces or pardons the execution of the punishment of mutual assistance pursuant to the provisions of the preceding item, the Justice Minister shall grant to the accepted convict a warrant for the commutation of the execution of the punishment of mutual assistance or a warrant for pardon of the execution of the punishment of mutual assistance.

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4) The provisions in Article 11 of the Pardon Law (Law No. 20 of 1947) and Article 54 of the Criminal Preventive Rehabilitation Law shall be applied mutatis mutandis in connection with the commutation of the sentence or pardon of the execution of the punishment of mutual assistance. In this case "the sentence of guilt" in Article 11 of the Pardon Law shall be read as "the order in Article 13 of the Law on Transfer of International Convict;" "amnesty, particular pardon, commutation, pardon of the execution of punishment or recovery of legal status" shall be read as "the commutation of sentence or pardon of the execution of the punishment of mutual assistance pursuant to Clause 2, Article 25 in the same law;" "offering of particular pardon, commutation of the punishment for a particular person, pardon of the execution of punishment or implementation of recovery of legal status for a particular person" in Article 54 of the Criminal Preventive Rehabilitation Law and "offering of particular pardon, commutation of punishment or pardon of the execution of punishment" in Clause 2, Article 54 shall be read as "offering in Clause 1, Article 25 of the Law on Transfer of International Convict."

(Measures taken by the Justice Minister upon receipt of notice of inability to execute the final adjudication of foreign punishment or the like)

Article 26. If the final adjudication (all if there are two or more) with regard to the accepted transfer of the crime in a cognizant country is cancelled and its execution becomes impossible, and the cognizant country informs the Justice Ministry, the Justice Minister shall cancel the order pursuant to Article 13 and order a chief public prosecutor at the Tokyo Public Prosecutorís Office to release the accepted convict.

2) If an order is issued to release the convict pursuant to the preceding item, a public prosecutor at the Tokyo Public Prosecutorís Office shall immediately release the accepted convict.

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3) Except as provided in Clause 1, if a cognizant county notifies the Justice Ministry to the effect that the foreign punishment sentenced in the final adjudication with regard to the accepted transfer of the crime, the cognizant country will change the kind of foreign punishment or the final date which the accepted convict may be detained in the cognizant country due to the commutation of the punishment or other reasons, the Justice Ministry shall change the kind of the punishment of mutual assistance and the prison term pursuant to the provisions in Articles 16 and 17 based on the notice.

(Notice to Cognizant Country)

Article 27. The Justice Ministry shall immediately notify the cognizant country if the status of the convict comes under either of the following items:

1) The execution of the punishment of mutual assistance has terminated or the convict is deemed not to be subject to the execution;

2) The convict dies before the execution terminates or the convict escapes.

Chapter III

(Implementation of Transfer of Commitment)

Article 28. Transfer of transit may be implemented except in the following cases:

1) When the entrusted convict does not agree;

2) If an act with regard to the entrusted transfer of a crime was committed in an executing country, and the act is not regarded as a crime according to the laws and regulations of the executing country;

3) In connection with the entrusted transfer of a crime, a request pursuant to Article 350 of the Code of Criminal Procedure or a request for recovery of appeal or retrial or a procedure for urgent appeal is under examination by a Japanese court;

4) In connection with the entrusted transfer of a crime, a particular pardon is filed or is reported to a higher official, or in connection with an imprisonment with labor or an imprisonment sentenced in the final adjudication with regard to the entrusted transfer of a crime, the commutation of the punishment or the pardon of the execution of the punishment is filed or is reported to a higher official and the procedure is not completed;

5) If a fine, confiscation or penalty are jointly imposed in the final adjudication of an imprisonment with labor or an imprisonment with regard to the entrusted transfer of a crime, the execution has not terminated, or the execution is not yet received;

6) If a case regarding a punishment other than the entrusted transfer of a crime is under examination by a Japanese court, or in connection with the case, the entrusted convict has been subject to the punishment sentenced by a Japanese court and the execution has not been completed, or it is not determined whether or not the convict is subject to the execution.

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(Disclosure of Contents of Convention)

Article 29. If the adjudication of an imprisonment with labor or an imprisonment sentenced to a national, or the like, of a member country of the Convention held in a jail is established, the governor of the jail shall immediately disclose to the convict the important contents of the provisions stipulated in the Convention. If a national, or the like, of a member country of the Convention is sentenced to an imprisonment with labor or an imprisonment and is held in a jail for execution of the final adjudication, this shall apply as well.

(Notice to Entrusted Convict)

Article 30. If an entrusted convict offers to be an entrusted transfer, when the Justice Minister has given notice that Japan request a country to be an executing country for the entrusted convict based on the Convention, the Justice Minister shall notify the entrusted convict.

(Consent of Entrusted Convict)

Article 31. If the entrusted convict agrees pursuant to Clause 1, Article 28 the convict shall provide his signature on the document describing the items as stipulated in the ordinance of the Justice Ministry and put a stamp on it, witnessed by the governor, or other designated official, of the jail where the convict is being held.

2) If the entrusted convict provides his signature on the document in the preceding item and puts a stamp on it, the governor of the jail shall immediately submit the signed, stamped document to the Justice Minister.

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(Interview for Confirmation of Consent)

Article 32. If an ambassador, minister, consular official or an official in charge of the consular missions, or a public officer designated by a member country of the Convention requests an interview with an entrusted convict to verify whether or not the convict agrees to the entrusted transfer based on the Convention, the governor of the jail shall allow the request.

2) The interview shall be conducted within the scope of the laws and regulations.

(Request for Entrusted Transfer to Executing Country)

Article 33. If a case does not come under either clause in Article 28 and is deemed to be appropriate, the Justice Minister may request the entrusted transfer to the executing country.

2) If the Justice Minister attempts to make the request in the preceding item, the Justice Minister shall consult on the matter with the Minister of Foreign Affairs beforehand.

(Decision of Entrusted Transfer by the Justice Minister or the like)

Article 34. If the executing country requests an entrusted transfer, and the case does not come under either clause in Article 28, or if the Justice Minister requests an entrusted transfer to an executing country pursuant to the provisions of Clause 1 in the preceding Article, when the executing country gives notice agreeing to the request, the Justice Minister shall make the decision to perform the entrusted transfer. If the entrusted transfer is, however, not deemed to be appropriate, this shall not apply.

2) If the Justice Minister makes the decision in the preceding item, the Justice Minister shall order the governor of the jail where the entrusted convict is being held to deliver the convict.

3) If the Justice Minister decides not to perform the entrusted transfer pursuant to the proviso in Clause 1, the Justice Minister shall consult on the matter with the Minister of Foreign Affairs beforehand.

(Notice to Entrusted Convict)

Article 35. If the Justice Minister requests an entrusted transfer to the executing country pursuant to the provisions in Clause 1, Article 32 and orders the delivery of the convict pursuant to the provisions in Clause 2 in the preceding Article, the Justice Minister shall give notice in writing to the entrusted convict. If the executing country requests that they not perform the transfer or if the entrusted convict agrees pursuant to the provision in Clause 1, Article 31, and it is determined not to perform the entrusted transfer, this shall apply as well.

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(Application Mutatis Mutandis to Execution of Entrusted Transfer)

Article 36. The provisions in Clause 1, Clause 3 and Clause 4, Article 16, Clause 1, Article 9, Clause 1, Article 20 and Article 21 of the Escaped Convict Extradition Law (Law No. 68 of 1953) shall be applied mutatis mutandis if an entrusted convict is delivered to an executing country pursuant to the order in Clause 2, Article 34. The following items shall be read as follows: "the order of delivery in clause ????, Article 14" in Clause 1, Article 16 in the same law and "the direction of extradition pursuant to the provisions in Clause 1 or Clause 5, Article 17" in Clause 1, Article 20 in the same law shall be read as "the order in Clause 2, Article 34 of the Law on Transfer of International Convict; "the name of escaped convict, the name of crime delivered, the name of requesting country, the place of delivery, the deadline of delivery and the date of issuance" in Clause 4, Article 16 in the same law shall be read as something is missing in this section: "the name, age, nationality of the entrusted convict (hereinafter referred to as the "entrusted convict") in Clause 10, Article 2 of the Law on Transfer of International Convict the name of the executing country (hereinafter referred to as the "executing country") in Clause 8, Article 2 in the same law, the name, the name of punishment, the prison term the date of delivery and the place of delivery of the entrusted transfer of the crime in Clause 12, Article 2 in the same law; "Clause 3, Article 16" in Clause 1, Article 19 in the same law shall be read as "Clause 3, Article 16 of the Escaped Convict Extradition Law applied mutatis mutandis pursuant to the provisions of Article 36 of the Law on Transfer of International Convict " "a requesting country" in Clause 1, Article 19 in the same law, Clause 1, Article 20 and Article 21 in the same law shall be read as "an executing country;" "by showing, of an escaped convict" in Clause 1, Article 20 in the same law shall be read as "by showing, of a transited convict;" "an escaped convict" shall be read as "a transited convict;" "Clause 1 in the preceding Article" in Article 21 in the same law shall be read as "Clause 1, Article 20 of the Escaped Convict Extradition Law applied mutatis mutandis pursuant to the provisions of Article 36 of the Law on Transfer of International Convict;" "an escaped convict" shall be read as "a transited convict."

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(Termination of Imprisonment with Labor or Imprisonment When Entrusted Transfer Performed)

Article 37. The execution of an imprisonment with labor or an imprisonment sentenced in the final adjudication with regard to the entrusted transfer shall be deemed to be completed at midnight of the date corresponding to the time in Japan on which the execution of the mutual assistance is completed in an executing country.

(Notice to Executing Country)

Article 38. If either of the following causes arises after the entrusted convict is delivered to the executing country according to the order in Clause 2, Article 34, the Justice Minister shall immediately notify the executing country:

1) If unable to execute the final adjudication of an imprisonment with labor or an imprisonment with regard to an entrusted convict by a claim, the recovery of an appeal, a retrial, an urgent appeal in Article 350 of the Code of Criminal Procedure or the procedure of an offering in Article 502 in the same law, or the kind of punishment or the final date until the entrusted convict may be detained in jail is changed.

2) In connection with the entrusted transfer of the crime, an amnesty or a special pardon is granted, or the commutation of the sentence by a government ordinance is implemented, or the execution of the punishment is pardoned regarding the imprisonment with labor or the imprisonment sentenced in the final adjudication of the entrusted transfer of the crime.

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Chapter IV Supplementary Provisions

(Extradition of Accepted Convict)

Article 39. The Justice Minister may order the governor of the jail where an accepted convict is held, to deliver a convict to a cognizant country (hereinafter the Article referred to as the "extradition") if, regarding an accepted convict (excluding any convict who is paroled pursuant to Article 28 of the Criminal Code applied by Article 21 or pursuant to the provision of Article 22 of the Law) delivered from a cognizant country pursuant to the order in Article 13, the convict appears for the award of a retrial of the final adjudication of the foreign punishment with regard to the accepted transfer of the crime or it is recognized that the convict has a necessitous situation, and the cognizant country requests delivery.

2) If the Justice Minister has ordered the extradition of a convict pursuant to the provisions in the preceding item, the Justice Minister shall notify the accepted convict in writing.

3) If the extradition is implemented pursuant to the order in the preceding item, the execution of the mutual assistance of the final adjudication of the foreign punishment with regard to the accepted transfer of the crime shall be completed.

4) The provisions in Clause 1, Clauses 3 and 4, Article 16, Clause 1, Article 19, Clause 1, Article 20 and Article 21 of the Escaped Convict Extradition Law shall be applied mutatis mutandis if the extradition pursuant to the order in Clause 1 is implemented. In this case, the items shall be read as follows:

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"the order of a delivery pursuant to the provisions in Clause 1 Article 14" in Clause 1, Article 14 in the same law and "the direction of delivery of an escaped convict pursuant to the provisions in Clause 1 or Clause 5, Article 17" in Clause 1, Article 20 in the same law shall be read as "the order in Clause 1, Article 39 of the Law on Transfer of International Convict;" "the name of an escaped convict, the name of a crime for delivery, the name of a claiming country, the place of delivery, the deadline of delivery and the date of issuance" in Clause 4, Article 16 in the same law shall be read as "the name and age of an accepted convict (hereinafter referred to as the "accepted convict") in Clause 9, Article 2 of the Law on Transfer of International Convict, the name of a cognizant country (hereinafter referred to as the "cognizant country" in Clause 7, Article 2 in the same law, the name of an accepted transfer of a crime in Clause 11, Article 2 in the same law, the prison term of a foreign punishment, the date of delivery and the place of delivery in Clause 1, Article 2 in the same law; "Clause 3, Article 16" in Clause 1, Article 19 in the same law shall be read as "Clause 3, Article 16 of the Escaped Convict Extradition Law applied mutatis mutandis pursuant to the provisions in Clause 4, Article 39 of the Law on Transfer of International Convict;" "a claiming country" in Clause 1, Article 19 in the same law, Clause 1, Article 20 and Article 21 shall be read as "a cognizant country;" "by showing, of an escaped convict" in Clause 1, Article 20 in the same law shall be read as "by showing, of an accepted convict;" "an escaped convict" shall be read as "an accepted convict;" "Clause 1 in the preceding Article" in Article 21 in the same law shall be read as "Clause 1, Article 20 of the Escaped Convict Extradition Law applied mutatis mutandis pursuant to the provision in Clause 4, Article 39 of the Law on Transfer of International Convict;" and "an escaped convict" shall be read as "an accepted convict."

(Handling of Detention, or the like, in an Executing Country)

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Article 40. If, regarding the convict who is delivered to the executing country pursuant to the order in Clause 2, Article 34 and the convict mentioned below, the execution of an imprisonment with labor or an imprisonment sentenced in the final adjudication with regard to the entrusted transfer of the crime is performed, the term during which the convict has been detained in jail as the mutual assistance of the execution of the final adjudication in the executing country is deemed to have been completed as the execution of an imprisonment with labor or an imprisonment is completed.

1) A convict who is delivered from the executing country in order to appear for the award of a retrial of the final adjudication of the imprisonment with labor or the imprisonment with regard to the entrusted transfer of the crime.

2) A convict who may not be detained in a jail, a probation or other equivalent measures may not be implemented as the mutual assistance of the execution of the final adjudication of the imprisonment with labor or the imprisonment with the entrusted transfer of the crime in the executing country due to escape or other causes.

(Special Rule in Proviso of Article 5 of the Criminal Code)

Article 41. If a Japanese national, or the like, delivered from a cognizant country pursuant to the order in Article 13 is sentenced to a punishment with regard to the accepted transfer of a crime in which the national is indicted after its delivery, the execution of the punishment shall be pardoned regardless of the provisions in the proviso of Article 5 of the Criminal Code.

(Special Rule of Escape or the like)

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Article 42. An accepted convict who is detained in a jail pursuant to the provisions in Article 16, is deemed to be a convicted prisoner by the execution of the adjudication, and the provisions of Article 97 of the Criminal Code or Article 98 or Article 102 (limited to the portions in Article 97 or Article 98 regarding an attempted crime) shall be applied.

(Cost for Accepted Transfer)

Article 43. An accepted convict delivered from a cognizant country pursuant to the order in Article 13, shall bear the cost of the transportation, which Japan has paid out of the cost for sending the convict under escort from the cognizant country to Japan. If it is obvious that the accepted convict is unable to pay the entire amount due to poor financial status, the Justice Minister may issue an exemption of the whole or part of the cost in accordance with the provisions of the government ordinance.

(Special Rule of Immigration and Refugee Recognition Law or the like)

Article 44. A special inhabitant arriving in Japan pursuant to the order in Article 13, is deemed to have landed in Japan upon receipt of the stamp for the permit of landing pursuant to the provisions in Clause 1, Article 9 of the Refugee Recognition Law (Government Ordinance No. 319 of 191951, hereinafter referred to as the "Immigration Law").

2) If a warrant for deportation pursuant to the provisions in Clause 4, Article 47, Clause 8, Article 48 or Clause 5, Article 49 of the Immigration Law has been issued to an entrusted convict who has left Japan pursuant to an order in Clause 2, Article 34, the entrusted convict is deemed to be deported from Japan by a warrant for deportation with regard to the application of Item 5-2, Items 9 and 10, Clause 1, Article 5 in the law. In this case, "having deported" in Item 9, Clause 1, Article 5 in the law shall be read as "having gone."

(Rules of Supreme Court)

Article 45. In addition to the necessary proceedings defined in this law, the items necessary for the procedures regarding an examination by the Tokyo District Court are defined by the rules of the Supreme Court.

(Measures Taken by the Justice Minister Regarding Approval of Transit Escort)

Article 46. If a foreign country, through a diplomatic channel, requests that Japan approve of the police authorities of a foreign country sending a convict who has been sentenced to the final adjudication of the foreign punishment in the foreign country or other foreign country for executing the mutual assistance under escort through Japan, the Justice Minister may approve the transit except in the following cases:

1) If the act with regard to the crime sentenced in the final adjudication of the foreign punishment was committed in Japan and does not constitute a crime according to the laws and regulations of Japan.

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2) If a person who has been sentenced to the final adjudication of the foreign punishment is a Japanese national.

(2) The Justice Minister shall approve a person who has been sentenced to the final adjudication of the foreign punishment when a member country requests that Japan approve the item in the preceding clause based on the Convention, except in those cases stipulated in the same clause.

(3) The Justice Minister shall consult with the Minister of Foreign Affairs beforehand as to whether or not Japan should approve a case in the preceding clause.

(Enforcement Regulations)

Article 47. Except for the particular provisions defined in this law, the regulations necessary for the procedures of the execution of this law and other executions are defined by an ordinance of the Justice Ministry.

Supplementary Regulations

(Date of Enactment)

Article 1. This law is put into force from the date on which the Convention becomes effective in Japan.

(Interim Provisions)

Article 2. The law shall be applied to a Japanese national, or the like, who has been detained as the execution of the final adjudication of the foreign punishment in a member country when this law is put into force, and to a foreign national, or the like, who has been detained as the execution of the final adjudication of an imprisonment with labor or an imprisonment in Japan

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(Partial Revision of the Criminal Indemnity Act)

Article 3. The Criminal Indemnity Act (Law No. 1 of 1950) has been partially revised as follows:

The below-mentioned article is added to Article 26.

(Indemnity When Entrusted Transfer is Performed)

Article 27. If an entrusted transfer described in Clause 6, Article 2 of the Law on Transfer of International Convict (Law No. ???? of 2002) has been performed, a detention which has been implemented by the executing country in Clause 8 in the same article, as the mutual assistance in executing the final adjudication of an imprisonment with labor or an imprisonment with regard to the entrusted transfer of the crime in Clause 12 in the same article, is deemed to be the execution of the punishment in Japan.

(Partial Revision of the Rehabilitation and Protection Business Law)

Article 4. The Rehabilitation and Protection Business Law (Law No. 86 of 1995) has been partially revised as follows:

The following item is added to Clause 2, Article 2:

9) A person who has completed the execution of the mutual assistance in Item 1 or Item 2, Clause 1, Article 16 of the Law on Transfer of International Convict (Law No. ???? of 2002), or a person who is not subject to the execution of the punishment of the mutual assistance pursuant to the provisions in Clause 2, Article 25 in the same law, or a person for whom the execution of the punishment of the mutual assistance has been suspended pursuant to the provisions in Article 480 or Article 482 of the Code of Criminal Procedure (Law No. 131 of 1948) applied pursuant to the provisions in Article 21 of the Law on Transfer of International Convict.

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(Partial Revision of the Justice Ministry Law)

Article 5. The Justice Ministry Law (Law No. 93 of 19????) has been partially revised as follows:

"Other remediations" in Item 12, Article 4 is deleted and the following two items are added:

12-2. The contents in connection with the transfer of international convicts

12-3. In addition to the contents stipulated in the preceding item, the contents in connection with the remediations.

"Item 12-2" is added below "Item 10" in Item 18, Article 4.

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Reason for drafting the bill

With accedence to the Convention on the transfer of a person who is sentenced to a punishment, and regarding a Japanese national, or the like, who is sentenced to the final adjudication of a foreign punishment in foreign countries and is detained as its execution, and a foreign national who is sentenced to the final adjudication of an imprisonment with labor or an imprisonment in Japan, it is imperative to define the arrangements necessary for the mutual assistance, or the like, in executing the final adjudication of a foreign punishment sentenced to a Japanese national, or the like, and an imprisonment with labor or an imprisonment, in view of the importance of promoting the improvement and rehabilitation of convicts, thereby enabling their rehabilitation into society, by providing mutual assistance in executing the final adjudication in their home countries under international cooperation. The foregoing is the reason for presenting this bill.

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Synopsis for Bill on Transfer of International Convicts

1. Purpose

Regarding a Japanese national, or the like, who is sentenced to the final adjudication of a foreign punishment in a foreign country and is detained as its execution, and a foreigner who is sentenced to the final adjudication of an imprisonment with labor or an imprisonment in Japan, this law defines the arrangements necessary for the mutual assistance, or the like, in executing the final adjudication of a foreign punishment sentenced to a Japanese national, or the like, and an imprisonment with labor or an imprisonment, and complies with the Convention (hereinafter referred to as the "Convention") on the transfer of a national who is sentenced to a punishment in view of the importance of promoting the improvement and rehabilitation of convicts, thereby enabling their rehabilitation into society, by providing mutual assistance in executing the final adjudication in their home countries under international cooperation.

(Related to Article 1)

2. Definition (related to Article 2)

1) In this law, "a foreign punishment" shall mean a punishment pursuant to the laws and regulations of a foreign country, which is equivalent to an imprisonment with labor or an imprisonment in Japan.

2) In this law, "the punishment of mutual assistance" shall mean the punishment by a foreign country, which is provided by Japan as the mutual assistance in executing the final adjudication with regard to the accepted transfer of a crime.

3) In this law, "a Japanese national or the like" shall mean a person who has the nationality of Japan, and a special inhabitant (hereinafter referred to as the "Special Inhabitant") as defined in the Law Concerning Special Measures for Immigration for a person, or the like, who has been expatriated from Japan based on a peace treaty concluded with Japan.

4) In this law, "a national, or the like, of a member country" shall mean a person who has the nationality of a foreign country, a member country of the Convention (hereinafter referred to as the "Member Country") and a person who is deemed to be a national of the member country based on the Convention

5) In this law, "the transfer of an accepted mutual assistance" shall mean the acceptance from a member country of the delivery of a Japanese national, or the like, who is sentenced to the final adjudication of a foreign punishment in a member country based on the Convention and is detained as its execution, and the performance of mutual assistance in executing the final adjudication.

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6) In this law, "the transfer of an entrusted mutual assistance" shall mean the delivery from Japan to a member country of a national, or the like, of the member country, who is sentenced to the final adjudication of an imprisonment with labor or an imprisonment in Japan and is detained as its execution, and the entrustment of the member country with providing mutual assistance in executing the final adjudication.

7) In this law, "a cognizant country" shall mean a member country from which Japan attempts to request acceptance of the transfer of the accepted mutual assistance, a member country from which Japan has requested acceptance of mutual assistance and a member country which has requested that Japan accept mutual assistance.

8) In this law, "an executing country" shall mean a member country from which Japan attempts to request acceptance of the transfer of mutual assistance, a member country from which Japan has requested acceptance of the transfer of mutual assistance, and a member county which has requested that Japan accept the same.

9) In this law, "an accepted convict" shall mean a Japanese national, or the like, who is sentenced to the final adjudication of a foreign punishment in the cognizant country and is detained as its execution, a Japanese national, or the like, who is delivered to Japan by the transfer of an accepted mutual assistance, and Japanese nationals until the mutual assistance of the execution of the final adjudication of a foreign punishment is completed.

10) In this law, "an entrusted convict" shall mean a national, or the like, of a member country who is sentenced to the final adjudication of an imprisonment with labor or an imprisonment in Japan and is detained as its execution, a national, or the like, of a member country who is delivered to the member country by the transfer of an entrusted convict, and a foreign national until the mutual assistance of the execution of the final adjudication of an imprisonment with labor or an imprisonment is completed.

11) In this law, "the transfer of an accepted convict of a crime" shall mean a crime which is recognized as one that an accepted convict has committed in the final adjudication of a foreign punishment, which is to be the object of the mutual assistance of the execution in the transfer of accepted convict.

12) In this law, "the transfer of an entrusted convict of a crime" shall mean a crime which is recognized as one that an entrusted convict has committed in the final adjudication of an imprisonment with labor or an imprisonment, which is to be the object of the mutual assistance of the execution in the transfer of an entrusted convict.

3. Issuance and Receipt of Requests or the like

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The Minister of Foreign Affairs shall exchange communications for issuing and receiving the transfer of an accepted convict of a crime or the transfer of an entrusted convict of a crime, and shall also issue and receive documents and notices between Japan and a member country in compliance with the Convention. However, in the case of an urgent matter or if any particular situation exists, the Justice Minister shall perform the foregoing instead, if the Minister of Foreign Affairs agrees (related to Article 3).

Julian: I don't know how the following paragraph number changed!

3. Crime of Accepted Convict Transferred

1) The transfer of an accepted convict of a crime may be performed except in the following cases which are defined in this law:

If an accepted convict does not agree;

If an accepted convict is less than 14 years old;

If the act with regard to the transfer of an accepted convict of a crime was committed in Japan, and the act does not come under a crime where a punishment of imprisonment without labor or heavier penalties is defined pursuant to the laws and regulations of Japan; and

If the case with regard to the transfer of an accepted convict of a crime is under examination by a Japanese court (related to Article 5).

2) A Japanese ambassador, a minister, a consular official, who are entrusted by the Justice Minister and are stationed in a foreign country, and an official designated by the Justice Minister, shall confirm an agreement in Item 1, and the above-mentioned official, or the like, shall obtain the signature of an accepted convict on a document describing the contents as defined by an ordinance of the Justice Ministry and put a stamp on it, witnessed by the official or the like (related to Article 6).

3) If a cognizant country requests that Japan accept the transfer of an accepted convict of a crime, the transfer does not come under either of the clauses in Item 1 and the acceptance of the request is deemed reasonable, the Justice Minister shall order a chief public prosecutor at the Tokyo Public Prosecutorís Office to file a request for examination of the transfer with the Tokyo District Court to verify whether or not the transfer comes under a case where the transfer of an accepted convict of a crime may be accepted (related to Clause 1, Article 7).

4) If a cognizant country does not request that Japan accept the transfer of an accepted convict of a crime, the transfer does not come under either of the clauses in Item 1 and the acceptance of the request is deemed reasonable the Justice Minister shall take the same action as in Item 3 (related to Clause 2 in the same article).

5) Upon request of an examination, the Tokyo District Court shall immediately begin examining the transfer. If the request for examination of the transfer is deemed illegal based on the results of the examination, the court shall make the decision to dismiss the filing. If the transfer comes under a case where the transfer of an accepted convict of a crime may not be accepted, the court shall make a decision to the effect that the transfer may not be accepted. If the transfer of an accepted convict of a crime comes under a case which may be accepted, the court shall make a decision to the effect that the transfer may be accepted (related to Articles 9 and 10).

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6) The Justice Minister may request that a cognizant country transfer an accepted convict of a crime if the cognizant country does not request that Japan accept the transfer, and a decision is made to the effect that the transfer of an accepted convict of a crime may be accepted based on the results of the examination in Item 5 and if the acceptance of the transfer is deemed reasonable (related to Article 12).

7) The Justice Minister shall order a chief public prosecutor at the Tokyo Public Prosecutorís Office to perform the transfer of an accepted convict of a crime if a cognizant country requests that Japan accept the transfer, and a decision is made to the effect that the transfer of an accepted convict of a crime may be accepted based on the results of the examination in Item 5, except in cases where it is deemed unreasonable to order the transfer if Japan requests that the cognizant country performs the transfer of accepted convict of crime and the cognizant country notifies Japan that it accepts the request.

8) If Japan accepts the transfer of an accepted convict of a crime from a cognizant country pursuant to the order in Item 7 and a foreign punishment is equivalent to an imprisonment with labor, the accepted convict is detained in jail and is made to perform predetermined work. If the foreign punishment does not correspond to an imprisonment with labor, the accepted convict is detained in jail. Thus, Japan provides mutual assistance in executing the final adjudication of the foreign punishment with regard to the transfer of an accepted convict of a crime (related to Clause 1, Article 16).

9) If there are two or more foreign punishments sentenced in the final punishment with regard to the transfer of an accepted convict of a crime, these multiple punishments shall be executed as one punishment of mutual assistance. As for the type of punishment of mutual assistance in this case, if all of the foreign punishments are equivalent to the punishments with labor, the accepted convict shall be detained in a jail and be made to perform predetermined work. If any of the foreign punishments are not equivalent to an imprisonment with labor, the accepted convict shall be detained in a jail (related to Clause 2 in the same article).

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10) If, for the prison term of the punishment of mutual assistance, the foreign punishment is a life imprisonment, it shall be the life imprisonment in Japan as well. If the foreign punishment is an imprisonment for a certain term, the prison term shall be the number of days until the date on which 20 years have elapsed, when the prison term exceeds the number of days from the date on which the execution of the foreign punishment is initiated to the date on which 20 years (15 years if the accepted convict is sentenced to the foreign punishment with regard to the punishment of mutual assistance when the convict is less than 20 years old; the same hereinafter) have elapsed in the cognizant country, the prison term shall be the number of days until the final date on which the execution of the foreign punishment is completed, when the prison term does not exceed the number of days from the date on which the execution of the foreign punishment is initiated to the date on which 20 years have elapsed in the cognizant country, corresponding to the number of days from the date on which the execution of the foreign punishment is initiated to the final date until the accepted convict may be detained in the cognizant country (except for the number of days in which the accepted convict has not been detained as its execution in the cognizant country) (related to Article 17).

11) The prison term shall count from midnight of the date corresponding to the time in Japan on which the execution of the foreign punishment was sentenced in the final adjudication with regard to the transfer of an accepted convict of a crime in the cognizant country is initiated. The number of days which the convict has not been detained as its execution of the foreign punishment sentenced in the final adjudication with regard to the transfer of an accepted convict of a crime in the cognizant country and the number of days which the accepted convict has not been detained after the convict is delivered to Japan from the cognizant country pursuant to the order in Item 7 shall not be included in the prison term of the punishment of mutual assistance (related to Article 18).

12) A convict who is subject to the execution of the punishment of mutual assistance, is detained in a jail and is made to perform predetermined work pursuant to Item 8, shall be deemed to be a convict who is subject to an imprisonment with labor; a convict who is subject to the execution of the punishment of mutual assistance, is detained in a jail pursuant to Item 8, shall be deemed to be a convict who is subject to an imprisonment; and the punishment of mutual assistance where a convict who is detained in a jail and is made to perform predetermined work pursuant to Item 8, shall be deemed to be an imprisonment with labor, respectively, to which the provisions regarding the executions of the punishments of the Criminal Code, the Code of Criminal Procedure, the Prison Law, the Juvenile Law, the Reformatory Law and the Criminal Preventive Rehabilitation Law shall be applied (related to Article 21).

13) An accepted convict sentenced to a foreign punishment with regard to the transfer of an accepted convict of a crime who is less than 20 years old may be eligible for parole, provided that after the respective prison terms of the punishments pass (7 years in the case of the punishment of mutual assistance of a life imprisonment; 3 years in the case an imprisonment for a definite term exceeding 10 years; 1 year and 8 months in the case of an imprisonment for a definite term exceeding 5 years but less than 10 years; and one third of the prison term in the case of the punishment of mutual assistance of less than 5 years (including the number of days a convict has been detained as its execution of the foreign punishment in the cognizant country) (related to Article 22).

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14) The Central Rehabilitation and Protection Judging Committee may submit proposals to the Justice Minister on implementation of a commutation or pardon of the execution of the punishments of mutual assistance. The Justice Minister may implement the commutation or pardon on the execution of the punishments of mutual assistance for the accepted convict concerned (related to Clauses 1 and 2, Article 25).

15) If the final adjudication of a foreign punishment for a crime of an accepted convict transferred to a cognizant country is cancelled, its execution is disabled and the cognizant country notifies Japan. The Justice Minister shall cancel the order in Item 7 and immediately order a chief public prosecutor at the Tokyo Public Prosecutorís Office to release the accepted convict (related to Clause 1, Article 26).

16) Except in the cases defined in Item 15, if a cognizant country notifies Japan that a change will be made in the type of foreign punishment or in the final date to which the convict may be detained in the cognizant country due to commutation of the punishment or other causes regarding the foreign punishment sentenced in the final adjudication with regard to the transfer of an accepted convict of a crime, the type and the prison term of the punishment of mutual assistance shall be changed pursuant to the provisions in Items 8 to 10 (related to Article 3).

17) If a case comes under any of the following cases, such as when the accepted convict has completed the execution of the punishment of mutual assistance, when the convict is not subject to the execution, or the accepted convict dies before the execution of the punishment of mutual assistance is completed, or the convict escapes, the Justice Minister shall notify the cognizant country. (related to Article 27).

4. Crime of Entrusted Convict Transferred

1) The transfer of an entrusted convict of a crime shall be implemented except in the following cases, which come under the clauses as provided in this law: if an entrusted convict does not agree; if the act with regard to the transfer of the entrusted convict of a crime does not constitute a crime according to the laws and regulations of the cognizant country; if the act was committed in the cognizant country, or a crime other than the crime of the entrusted convict transferred is under examination by a Japanese court or the like (related to Article 28).

2) The governor of a prison shall disclose to a convict the important contents of the provisions defined in the Convention if the adjudication of an imprisonment with labor or an imprisonment sentenced to a national, or the like, of a member country, who is held in the jail is established and a national, or the like, of a member country is sentenced to an imprisonment with labor or imprisonment and is held in a jail to execute the final adjudication (related to article 29).

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3) If an entrusted convict agrees to Item 1, the entrusted convict shall provide a signature on the document describing the contents as defined by an ordinance of the Justice Ministry and put a stamp on it in, witnessed by the governor, or an official designated by the governor, of the jail where the convict is being held (related to Clause 1, Article 31).

4) If a public official such as the ambassador, the minister, the consular official, or the like, of a member country requests an interview with an entrusted convict to verify whether or not the entrusted convict agrees to the transfer, the governor of the prison shall allow the interview and this interview shall be implemented within the scope of the Japanese laws and regulations (related to Article 32).

5) If the transfer does not come under either of the clauses in Item 1 and it is deemed reasonable, the Justice Minister may request that the executing country accept the transfer of an entrusted convict (related to Clause 1, Article 33).

6) The Justice Minister shall make a decision to perform the transfer of an entrusted convict to an executing country, if the executing country requests that Japan perform the transfer of the entrusted convict, the transfer does not come under either of the clauses in Item 1, or the executing country notifies Japan of its acceptance if Japan requests that the executing country accept the transfer pursuant to Item 5, except in cases where the transfer of an entrusted convict is deemed unreasonable (related to Article 34).

7) If the Justice Minister makes a decision on Item 6, the Justice Minister shall order the governor of the prison where the entrusted convict is being held to deliver the convict (related to Article 2).

8) If an entrusted convict is delivered to an executing country pursuant to Item 7, the provisions on the extradition of the Escaped Criminal Extradition Law shall be applied mutatis mutandis (related to Article 36).

9) The execution of an imprisonment with labor or an imprisonment sentenced in the final adjudication with regard to the crime of an entrusted convict transferred shall be completed at midnight on the date corresponding to the time in Japan on which the mutual assistance of the execution is completed in the executing country (related to Article 37).

10) If the causes that the execution of the final adjudication of an imprisonment with labor or an imprisonment with regard to the crime of an entrusted convict transferred are disabled pursuant to the procedures of a claim, recovery of appeal, retrial, urgent appeal in Article 350 of the Code of Criminal Procedure, or the procedure of an offering in Article 502 in the same law with regard to the entrusted convict, after the entrusted convict has been delivered to the executing country pursuant to the order in Item 7, the Justice Minister shall immediately notify the executing country. (related to Article 38).

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6. Others

1) If an accepted convict (excluding an accepted convict who is paroled pursuant to the provisions in Article 28 of the Criminal Code or Item 4-13 applied by the provision in item 4-12) is delivered to Japan from the cognizant country pursuant to the order in Item 4-7, to appears for the award of retrial of the final adjudication of the foreign punishment with regard to the crime of an accepted convict transferred and it is recognized that unavoidable situations exist, and the cognizant country requests delivery of the convict, the Justice Minister may order the governor of the prison where the accepted convict is being held to deliver the convict to the cognizant country (related to Clause 1, Article 39).

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2) If an entrusted convict is delivered to the executing country pursuant to the order in Item 5-7 in order to appear for the award of retrial of the final adjudication of an imprisonment with labor or an imprisonment with the crime of entrusted convict transferred and an entrusted convict for whom the implementation of a detention, a probation or other measures equivalent to these measures as the mutual assistance of the final adjudication of an imprisonment with labor or an imprisonment with regard to the crime of entrusted convict transferred by the executing country due to an escape or other causes is disabled, an imprisonment with labor or an imprisonment sentenced in the final adjudication with regard to the crime of entrusted convict transferred is executed in Japan, the execution of an imprisonment with labor or an imprisonment shall be deemed to have been completed by the term in which the convict has been detained as the mutual assistance of the execution of the final adjudication in the executing country (related to Article 40).

3) If a Japanese national, or the like, delivered from a cognizant country pursuant to the order in Item 4-7 is sentenced for a crime regarding the crime of an accepted convict transferred indicted after delivery, the execution of the punishment shall be pardoned regardless of the provision of the proviso in Article 5 of the Criminal Code (related to Article 41).

4) An accepted convict who is detained in a prison pursuant to the provisions in Item 4-8 and 9, shall be deemed to be a convicted prisoner detained by the execution of the adjudication, and the provisions of Article 97 or Article 98 or Article 102 of the Criminal Code (limited to the portions regarding the attempted crimes defined in Article 97 or Article 98) shall be applied (related to Article 42).

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5) If Japan receives an accepted convict delivered from a cognizant country pursuant to the order in Item 4-7, the accepted convict shall bear the cost of the transportation paid by Japan out of the cost for sending the accepted convict under escort to Japan from the cognizant country. If it is obvious, however, that the accepted convict is unable to pay the whole amount of the cost due to poor financial status, the Justice Minister may issue an exemption of the whole amount or a part of the cost pursuant to the provisions of the government ordinance (related to Article 43).

6) If a special inhabitant arrives in Japan pursuant to the order in Item 4-7, the special inhabitant is deemed to have landed in Japan upon receipt of the stamp for the permit of landing pursuant to the provisions in Clause 1, Article 91 of the Immigration and Refugee Recognition Law. If a warrant for deportation has been issued to an entrusted convict who has left Japan pursuant to the order in Item 5-7, pursuant to the provisions in Clause 4, Article 47, Clause 8, Article 48, Clause 5, Article 49 in the same law, the entrusted convict is deemed to have been compulsorily deported from Japan pursuant to the warrant for deportation in compliance with Item 5-2, 9 and 10 Clause 1, Article 5 in the same law (related to Article 44).

7) If a foreign country, through a diplomatic channel, requests that Japan approve the police authorities of the foreign country sending a convict who has been sentenced to the final adjudication of the foreign punishment in the foreign country or other foreign country for executing the mutual assistance, under escort through Japan, the Justice Minister may approve the transit except in the following cases: if the act with regard to the crime sentenced in the final adjudication of the foreign punishment was committed in Japan and the act does not constitute a crime according to the laws and regulations of Japan, or if a person who has been sentenced to the final adjudication of the foreign punishment is a Japanese national (related to Clause 1, Article 46).

8) Regarding a person who is sentenced to the final adjudication, if a member country requests that Japan approve Item 7 based on the Convention, the Justice Minister shall approve the request except in the following cases: if the act with regard to the crime sentenced in the final adjudication of the foreign punishment was committed in Japan and the act does not constitute a crime according to the laws and regulations of Japan, or if a person who has been sentenced to the final adjudication of the foreign punishment is a Japanese national (related to Clause 2, Article 46).

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9) The arrangements necessary for the procedures concerning the examinations by the Tokyo District Court are stipulated by the rules of the Supreme Court and the procedures of execution of this law and the detailed regulations necessary for other executions are stipulated by an ordinance of the Justice Ministry (related to Article 45 and Article 47).

7. Appendix

1) This law is put into force on the date on which the Convention becomes effective in Japan (related to Article 1 of Appendix).

2) Regarding the enforcement of this law, the necessary interim measures are stipulated and the required arrangements of the relevant laws shall be performed (related to Articles 3 to 5 of Appendix).

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