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Pardon Act 1947 - Act No. 20 of 1947

# This English translation of the Pardon Act has been prepared (up to the revisions of Act No. 160 of 1999 (effective from January 6, 2001)) in compliance with the Standard Bilingual Dictionary (March 2006 edition). This is an unofficial translation. Only the original Japanese texts of laws and regulations have legal effect, and the translations are to be used solely as reference material to aid in the understanding of Japanese laws and regulations. The Government of Japan shall not be responsible for the accuracy, reliability or currency of the legislative material provided in this website, or for any consequence resulting from use of the information in this website. For all purposes of interpreting and applying law to any legal issue or dispute, users should consult the original Japanese texts published in the Official Gazette.

Pardon Act (Act No. 20 of 1947)

Article 1 (Types of pardon)

General pardon, special pardon, commutation of the sentence, remission of execution of the sentence and restoration of rights shall be governed by the provisions of this Act.

Article 2 (General pardon)

A general pardon shall be granted for the types of crimes so specified by a cabinet order.

Article 3 (Effect of general pardon)

Except as otherwise specially provided for by the cabinet order of the preceding Article, general pardon shall have the following effect with respect to crimes for which general pardon has been granted:

(i) In the case of a person against whom a judgment of conviction has been rendered, the rendition thereof shall cease to have effect.

(ii) In the case of a person against whom a judgment of conviction has not yet been rendered, the power to prosecute shall be extinguished.

Article 4 (Special pardon)

A special pardon shall be granted with respect to a specific person against whom a judgment of conviction has been rendered.

Article 5 (Effect of special pardon)

A special pardon shall have the effect of making the rendition of the judgment of conviction ineffective.

Article 6 (Commutation of sentence)

Commutation of the sentence shall be granted to persons against whom a sentence has been rendered with respect to the types of crimes or punishments specified by a cabinet order, or with respect to a specific person against whom a sentence has been rendered.

Article 7 (Effect of commutation of sentence)

(1) Commutation of the sentence granted by a cabinet order shall reduce the sentence except as otherwise specially provided for by the cabinet order.

(2) Commutation of the sentence granted to a specific person shall reduce the sentence or execution of the sentence.

(3) Notwithstanding the provisions of the preceding paragraph, with respect to a person to whom the judgment of suspension of execution of sentence has been rendered and for whom the period of such suspension has not yet expired, only such reduction as reduces the sentence shall be granted, but at the same time the period of suspension may be shortened.

Article 8 (Remission of execution of sentence)

Remission of execution of the sentence shall be granted with respect to a specific person against whom a sentence has been rendered; provided however, that it shall not be granted with respect to a person to whom the judgment of suspension of execution of sentence has been rendered but for whom the period of suspension has not yet expired.

Article 9 (Restoration of rights)

Restoration of rights shall be granted to a person who, owing to a judgment of conviction being rendered, has been deprived of his or her capacity or had it suspended, with necessary conditions being prescribed by a cabinet order, or to a specific person; provided however, that it shall not be granted with respect to persons whose execution of the sentence has not yet been completed, or of for whom remission of execution of the sentence has not been granted.

Article 10 (Effect of restoration of rights and privileges)

(1) Restoration of rights shall have the effect of restoring capacity.

(2) Restoration of rights may be granted with respect to specific types of capacity.

Article 11 (Pardon and established effect)

The effect already established upon a judgment of conviction being rendered shall not be affected by the granting of a general pardon, special pardon, commutation of sentence, remission of execution of sentence or restoration of rights.

Article 12 (Pardon for a specific person)

A special pardon, commutation of sentence with respect to a specific person, remission of execution of sentence or restoration of rights with respect to a specific person shall be granted to persons subject to a recommendation from the National Offenders Rehabilitation Commission.

Article 13 (Issuance of certificates of pardon)

When a special pardon, commutation of sentence with respect to a specific person, remission of execution of sentence or restoration of rights with respect to a specific person has been granted, the Minister of Justice shall issue to such person a certificate of special pardon, commutation of sentence, remission of execution of sentence or restoration of rights.

Article 14 (Added entries to the original of the judgment)

When a general pardon, special pardon, commutation of sentence, remission of execution of sentence or restoration of rights has been granted, the public prosecutor shall insert added entries to that effect in the original of the judgment.

Article 15 (Delegation of authority to ordinance)

Matters necessary for the enforcement of this Act shall be prescribed by a Ministry of Justice ordinance.

Extract of Supplementary Provisions:

(1) This Act shall enter into force from the date of the Constitution of Japan entering into force.