CRIMINAL ACT (PART I GENERAL PROVISIONS) [See entire ACT]

CHAPTER II CRIMES

SECTION 1 Commission of Crime and Mitigation or Exemption of Sentence

Article 9 (Criminal Minors)

The act of a person under fourteen years of age shall not be punished.

Article 10 (Persons with Mental Disorders)

(1) The act of a person who, because of mental disorder, is unable to make discriminations or to control one's will, shall not be punished.
(2) For the conduct of a person who, because of mental disorder, is deficient in the abilities mentioned in the preceding paragraph, the punishment shall be mitigated.
(3) The provisions of the preceding two paragraphs shall not apply to the act of one who, in anticipation of danger of a crime, has intentionally incurred one's mental disorder.

Article 11 (Deaf-Mutes)

Punishment shall be mitigated for the act of deaf-mutes.

Article 12 (Action Compelled)

Action compelled by either irresistible force or threat against the life or body of the compelled person or his relatives which cannot be protected shall not be punishable.

Article 13 (Criminal Intent)

Act performed through ignorance of the facts which comprise the constituent elements of a crime shall not be punishable, except as otherwise provided by Act.

Article 14 (Negligence)

Act performed through ignorance of the facts which comprise the constituents of a crime by neglect of normal attention, shall be punishable only when prescribed so by Act.

Article 15 (Misunderstanding of Fact)

(1) Act performed through ignorance of the facts which constitute especially more severe crimes shall not be punishable for such severe crimes.
(2) Crimes for which punishment become more severe due to results thereof, shall not be punishable for more severe crimes if such results were not foreseeable.

Article 16 (Mistake of Fact)

When a person commits a crime not knowing that his act constitutes a crime under existing Acts and subordinate statutes, he shall not be punishable if the misunderstanding is based on reasonable grounds.

Article 17 (Causation)

Any act which is not connected with the danger which is an element of a crime, it shall not be punishable for the results.

Article 18 (Crime Committed through Omission)

When a person who, having a duty to prevent the occurrence of danger, or having caused the occurrence of danger, does not prevent the occurrence of danger, that person shall be punished in accordance with the results of such danger.

Article 19 (Concurrence of Independent Act)

When a series of independent acts concur at the same time or at several times, each act shall be punished as an attempted crime, if it is not ascertainable which act has produced the result thereof.

Article 20 (Justifiable Act)

An act which is conducted in accordance with Acts and subordinate statutes, or in pursuance of accepted business practices, or other action which does not violate the social rules shall not be punishable.

Article 21 (Self-defense)

(1) An act which is performed in order to prevent impending and unjust infringement of one's own or another person's legal interest shall not be punishable if there are reasonable grounds for that act.
(2) When a preventive act has exceeded normal limits, the punishment may be mitigated or remitted according to the extenuating circumstances.
(3) In the case of the preceding paragraph, an act performed through fear, surprise, excitement, or confusion in the night or under other extraordinary circumstances shall not be punishable.

Article 22 (Necessity)

(1) An act which is performed in order to avoid impending danger against the one's own or another person's legal interest shall not be punishable when there are reasonable grounds.
(2) The provisions of the preceding paragraph shall not apply to a person charged with duties not to avoid the danger.
(3) The provisions of paragraphs (2) and (3) of the preceding Article shall apply mutatis mutandis to this Article.

Article 23 (Self-help)

(1) When it is impossible to preserve a claim by legal procedure, the action taken in order to avoid the impossibility or significant difficulties of its execution shall not be punishable when there are reasonable grounds.
(2) When the action defined in the preceding paragraph has exceeded reasonable limits, the punishment may be mitigated or remitted according to the circumstances.

Article 24 (Consent of Victim)

An act which infringes a legal interest with the consent of one who is authorized to dispose of such interest shall not be punishable except as otherwise provided by Acts.

SECTION 2 Criminal Attempts

Article 25 (Criminal Attempts)

(1) When an intended crime is not completed or if the intended result does not occur, it shall be punishable as an attempted crime.
(2) The punishment for attempted crime may be mitigated than that of consummated crime.

Article 26 (Voluntarily Ceased Crime)

When a person voluntarily ceases his criminal act which he began or prevents the result of the culmination thereof, the punishments shall be mitigated or remitted.

Article 27 (Impossible Crime)

Even though the occurrence of a crime is impossible because of the means adopted for the commission of the crime or because of mistake of objects, the punishment shall be imposed if there has been a resulting danger, but the punishment may be mitigated or remitted.

Article 28 (Conspiracy and Preparation)

When a conspiracy or the preparatory action for a crime has not reached commencement stage for the commission of the crime, the person shall not be punishable, except as otherwise provided by Acts.

Article 29 (Punishment of Attempts)

The punishment for attempted crimes shall be specifically provided in each Article concerned.

SECTION 3 Complicity

Article 30 (Co-Principals)

When two or more persons have jointly committed a crime, each of them shall be punished as a principal offender for the crime committed.

Article 31 (Instigator)

(1) For a person who instigates another to commit a crime, the same punishment shall be applied to the instigator as one who actually commits the crime.
(2) When a person is instigated and consents to carry out a crime but does not reach the commencement stage for the commission thereof, the punishment for conspiracies or preparations thereof shall apply mutatis mutandis to the instigator and the instigated person.
(3) Even though the instigated person does not consent to the commission of a crime, the preceding paragraph shall apply to the instigator.

Article 32 (Accessories)

(1) Those who aid and abet the commission of a crime by another person shall be punished as accessories.
(2) The punishment of accessories shall be mitigated to less than that of the principals.

Article 33 (Complicity and Status)

To a person who collaborates in the commission of a crime in which person's status is an element, the provisions of the preceding three Articles shall apply even though that person lacks such status: Provided, That when the severity of a punishment varies with the accused's status, the heavier punishment shall not be imposed on that person who lacks such status.

Article 34 (Principal through Innocent Human Agent and Aggravation of Punishment for Particular Instigation or Aiding and Abetting)

(1) A person who commits a crime by instigating or aiding and abetting another who is not punishable for such conduct, or who is punishable as an offender through negligence, shall be punishable in accordance with the provision for an instigator or accessory.
(2) A person who causes the results envisaged in the preceding paragraph by instigating or aiding and abetting another person who is under his control and supervision, shall be punished by increasing one half of the maximum term or maximum amount of penalty provided for the principal in the case of instigating, and with the penalty provided for the principal in the case of aiding and abetting.

SECTION 4 Repeated Crime (Recidivism)

Article 35 (Repeated Crime)

(1) A person who, having been punished with imprisonment without prison labor or more severe punishment within three years after the date on which the execution has been completed or remitted, commits such crimes as shall be punished with imprisonment without prison labor or more severe punishment shall be punished as a repeating offender.
(2) Punishment for a repeated crime may be aggravated to twice the maximum term of that specified for such crime.

Article 36 (Discovery of Repeated Crime after Imposition of Sentence)

When a repeated crime is discovered after the imposition of sentence, the punishment may be determined de novo by adding to the criminal sentence: Provided, That this shall not apply in case where the execution of the sentence imposed has been completed or remitted.

SECTION 5 Concurrent Crimes

Article 37 (Concurrent Crimes)

Several crimes for which judgment has not become final, or a crime for which judgment to punish with an imprisonment without prison labor or a heavier punishment has become final and the crimes committed before the said final judgment shall be regarded as concurrent crimes.

Article 38 (Concurrent Crimes and Application of Punishment)

(1) When concurrent crimes are adjudicated at the same time, punishment shall be imposed in accordance with the following classification:
1. In the event punishment specified for the most severe crime is a death penalty or imprisonment for life or imprisonment without prison labor for life, the punishment provided for the most severe crime shall be imposed;
2. In the event the punishments specified for each crime are of the same kind, other than a death penalty or imprisonment for life or imprisonment without prison labor for life, the maximum term or maximum amount for the most severe crime shall be increased by one half thereof, but shall not exceed the total of the maximum term or maximum amount of the punishments specified for each crime, although minor fine and minor fine, or confiscation and confiscation may be imposed concurrently; and
3. In the event the punishments specified for each crime are of different kind other than imprisonment for life or imprisonment without prison labor for life, they shall be imposed together.
(2) In regard to each subparagraph of the preceding paragraph, imprisonment and imprisonment without prison labor shall be regarded as the same kind of punishments and punishment shall be done with imprisonment.

Article 39 (Concurrent Crimes not Adjudicated; Several Judgments and Concurrent Crimes; Execution of Punishment and Concurrent Crimes)

(1) In the event there is a crime which has not been adjudicated among the concurrent crimes, a sentence shall be imposed on the said crime taking account of equity with the case where the said crime is adjudicated concurrently with a crime which has been finally adjudicated. In this case the said punishment may be mitigated or exempted.
(2) Deleted.
(3) When a person who has been sentenced for concurrent crimes receives amnesty or remission of the execution of punishment with respect to any one of the concurrent crimes, punishment for the remaining crimes shall be determined de novo.
(4) In the execution of punishment specified in the preceding three paragraphs, the period of sentence already served shall be taken into account.

Article 40 (Compound Crimes)

When a single act constitutes several crimes, punishment provided for the most severe crime shall be imposed.

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