Chapter 6: Penalties


Article 41:

A person who makes a false application before an accredited certification service provider or accredited foreign certification service provider in connection with its accredited certification service and thereby causes an untrue certification shall be punished with penal servitude for not more than three years or a fine of not more than two million yen.

2. Attempts of the crimes mentioned in the preceding paragraph shall be punished.

3. The crimes mentioned in the preceding two paragraphs shall comply with the precedents of the Criminal Law, Article 2.


Article 42:

A person to whom any of the following numbered items applies shall be punished to no more than one year of penal servitude or a fine of not more than one million yen:

i. a person who violates a provision of Article 13, paragraph 2;

ii. a person who discloses a secret that he learned in connection with his duties in violation of a provision of Article 23, paragraph 1.


Article 43:

If an order to suspend service pursuant to the provisions of Article 29, paragraph 1 is violated, an officer or staff member of a designated investigative organ that commits the act of violation shall be punished to no more than one year of penal servitude or a fine of not more than one million yen.


Article 44:

A person to whom any of the following numbered items applies shall be punished to a fine of not more than three hundred thousand yen:

i. a person who changes a fact provided for in Article 4, paragraph 2, numbered item 2 or numbered item 3 in violation of a provision of Article 9, paragraph 1;

ii. a person who fails to create or preserve the accounting books and records pursuant to the provisions of Article 11, or who creates false accounting books and records; or

iii. a person who fails to file a report pursuant to the provisions of Article 35, paragraph 1, or files a false such report, or who refuses, obstructs, or evades an inspection pursuant to the provisions of the same paragraph, or who refuses to answer or provides false answers in response to questions posed pursuant to the provisions of the same paragraph.


Article 45:

If any of the following numbered items apply, an officer or staff member of a designated investigating organization that commits the act of violation shall be punished to a fine of not more than three hundred thousand yen:

i. when the designated investigative organ fails to create accounting book records pursuant to the provisions of Article 26, creates false records, or fails to preserve the accounting books;

ii. when the designated investigating organization abrogates all of its investigation service in violation of a provision of Article 28, paragraph 1; or

iii. when the designated investigative organ fails to file a report pursuant to the provisions of Article 35, paragraph 2, or files a false such report, or refuses, obstructs, or evades an inspection pursuant to the provisions of the same paragraph, or refuses to answer or provides false answers in response to questions posed pursuant to the provisions of the same paragraph.


Article 46:

If any representative of an organization or any agent, servant or other employee of any of a organization or person commits, in connection with the service of such organization or person, an act in violation of Article 42, paragraph 1 or Article 44, then in addition to the punishment of the actor, the monetary penalties provided for in each above provision shall be imposed against such organization or person.


Article 47:

A person who fails to give notice pursuant to the provisions of Article 9, paragraph 4 or Article 10, paragraph 1, or who gives a false notice shall be punished to a non-penal fine of no more than one hundred thousand yen.