SUBVERSIVE ACTIVITIES PREVENTION ACT ANALYSIS

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CIA-RDP58-00453R000200310001-9
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RIFPUB
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K
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18
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December 20, 2016
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1
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REGULATIONS
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06105/01 : CIA-RDP58-00453R000200 SUBV RS A'CT` TIT IES P i" T NT TON ACT ANALYSIS Chapter 2 Chapter 3 General Provisions ' (Articles 1 - ~+ ) Control of Subversive Organizations (Articles 5 10) Procedure for Control of Subversive Organizations (Articles 11 - 26) Investigation (Articles 27 - 3)+) Miscellaneous Provisions (Articles 35 - 37) Chapter 6 Penalties (Articles 38 - 45) ipplementary Provisions Article 1. The purposes of this Act shall be to prescribe neces- Chapter 1 General Provisions (Purposes of 'this Act) :nary actions to control organizations whichshall have carried on any terro'istic subversive activity by way of their activity and to provide penaltep for terroristic subversive activities, thereby contributing to the securing of public safety. Act 7 having a grave bearing upon the fundamental the minimum necessity for the securing of public safety, and. shall not human rights ~le g 5 shall be applied only' within the limits of of the ~-p ~e ~oa be subject to any extended interpretation at all. (Interpretation and. application of this Act)' (Standards of control) Any control action arid investigation for control under thi +a11 be taken an . condnileted only within the 'limits of the minimum Aft ,shall' Approved For Release 2006/05/01 : -CIA-RPP8-00453R000200 unite and act collectively y or any other liberty or right of the people necessity to achieve the put'poscs as specified in ':krticle _19 and shall no under any circ"tlmstances whatever be carried out, in deviation from the prescribed authority, to un a,n'ru.lly infringe freedoms of thought, worshix assembly, association, expre3si_on and learning, the right of laborers to 2) With 2. The control and investigation for control under this Act shall not on any account whatever be improperly carried out to restrict or interfel which is guaranteed by the Ja:!oanese Constitution. with any lawful activity by labor unions and other organizations. (Definitions) Art. 4. In this Act, the teem "terroristic subversive activity" means: (1) (i) To perform the act as referred to in Article 77 (internal disturbance) of 'the Penal Code The (Law No. )F5 of 1907), Article 78 (the preliminaries or plot of internal disturbance), Article 79 '(aid of inter On al disturbance and other o.~ ences), Article 81 (inducement of foreign incursion), Article 82 (aid of foreign incursion), Article 87 (atten ted V inducement or aid of foreign incursion) or Article 88 (the preliminaries or plot of inducement or aid of foreign incursion) of said Code; (iii) To instigate to the act as' referred to in Article 77, 81 or 82 c the Penal Code, with a view to causing such act'to be carried out; -(ii) To incite to any of the acts as referred `t.o in (1) above; -Approved F'or Release 2006/05/Q1 :;CIA-RDP58-004538000200 (iv) With a view to causing the act as referred to in Article 77, 81 or 82 of the Penal Code to be carried out, to print, distribute to a nUmber of persons or post openly, any document or drawing claiming the propriety or necessity of the carrying out of such act; or (v) With a view to causing the act as referred to in Article 77, 81 or 82 of the Penal Code to be carried. out, to conniunicate by 'wireless oa by wire broadcasting any assertion of the proprietyr necessity of the carrying out of such act. doctrine or policy, to perform any of the followsing acts: Approved For Release 2006/05101 :I,CIA-RF',,-00453;1}O.p01Q001- Approved For Release 2006/05/01 : 'CIA-ROP58-00453R00.020010001-9 (i) the act as referred to in :'article 106 of the Penal. Code (riot); (ii) the act as referred to in Article 108 (wilful, setting on fire of occupied houses or buildings) or Article 109 paragraph 1 (wilful set- ting on fire of unoccupied houses or buildings) of said Code; (iii) the act as mentioned in the former part of the provisions of Article 7;17 paragraph 1 of plosives); Code; said Code (criminal explosion of high ex- (iv) the act as referred to in Article 125 of said Code (endangering of traffic of trains, electric trains, street cars' and so forth); (v) the act as' referred to in Article 126 paragraph 1 or 2 (over- turning of trains, electric trains, street cars `a1 'so forth) of said (vi)' the act as referred to in Article 199 of said Code (murder); (vii) the act as referred to in lrticle 236 paragraph 1 of the same Code (robbery); (viii) the act as referred to in Article 1 of the Penal Regulations to control explosives (Cabinet Ordinance No. 32 of 1884) (criminal use of explosives); (ix) the act as referred to in Article 95 of `the Penal Code (inter- iference with exercise of official r'.!uties or exaction of exercise of official duties) and performed collectively by carrying any deadly weapoi or poison against any person engaged in procurato'ial'or police duties, any assistant to such official, any person who guards or escorts persons detained b law, or any person engaged in investigation under this Act; and (x) to incite to work out the preliminaries or plot of any of the acts as referred to in (1) to (ix)'above, or to instigate to any such ac with a view to causing such act to be carried out. 2. In this Act the term "instigate" means, with a view to causing any particular act to be carried out of any document, drawing, to cause a person or per sons, by means speech or action, to make a resolution to Carr Approved For Release 2006/05/01 453 002001-!001-; Approved For Release 2006/05101 :'CIA-Rb..P58-00453R0002001.0001-9' out such act, or to give an impetus having such force as shall promote a resolution already in proces.,s of making, 3. In this Act the term. ".or anization" means a continuous association of persons, or a federation of such associations, organized to achieve an Particular common objective, Any agency, branch, chapter or subsidiary body of an organization, if it comes within the puxview of this def initio shall be subject to control under this Act, Chapter 2 Control of Subversive 0rapizations Approved For Release 2006/05/dl': `CIA-Rb.P58-dC ",7 b00 00 1Cd 11-9 Art..5. Whenever the Public Security Examination Commission shall have sufficient ground to find that there is clear danger of an organiza- tion which has performed acy terroristic subversive activity by way of its activity to perform again in the future any such subversive activity continuously or repeatedly by way of the activity of the organization, the Commission may take any of the following actions to such organization Provided, however, that such action shall not exceed the necessary and reasonable limits for the elimination of such da.nger (1) in the case such terroristic subversive activity has been performed in a mass. demonstration or procession or public gathering, (Restriction. on organization activity) to prohibit the carrying out of any demonstration, procession or public gathering in any place fixed for a period not exceeding six months; (2) in the case such terroristic subversive activity has been performed by means of any organ journal of the orgs.nize,tion (any publica- tion continuously issued by the organization to advocate, communicate or propagate the objective, doctrine or policy of the organization), to prohibit for a period fixed, not exceeding six months to continue to print or distribute to a number of persons such organ journal- and (3) to prohibit for a period fixed not exceeding six months to cause any particular officer, official (the representative, executive officer or any other person engaged in the business of tjze Torganization: herein- after the same) or member of the organization who shall have taken part 2. After any action under the preceding paragraph becomes effective, no person shall perform any act against the objective of such action in the capacity of the officer, official or member of 'such organization: Provided, however, that this shall not apply, in the case 'of effectuation of the action as laid down in (3) of the same paragraph, to any act by any officer, official or member of the organization concerned which is ordinarily deemed necessary for litigation involving. the validity of such . Y , in such terroristic subversive activity to perform any act in the interest of the organization. action. (Prohibition of evasion) Art. 6. Any officer, of.f icial or member of any organization to whici any action under paragraph 1 of the preceding article has been taken shat: not under-any name whatever perform any act to evade the prohibition as laid down in paragraph 2 of the same article. (Declaration of dissolution) Art. T. The Public Security Examination Commission may take action to declare any organization coming under any of the following categories to be dissolved, if there is sufficient ground to `ind that there is cleat danger of such organization, to perf?rm again in the future any terroristi( subversive activity continuously or repeatedly by way of the activity of the organization and in the opinion of the Commission any action under Article 5 paragraph 1 will be unable to effectively eliminate such danger any Approved For Release 2006/05101 CIA-RDP58-004538000200 (1) organizations which have performed by way, of their activity such terroristic subversive activity as referred to in Article 4+ paragraph 1 (1) (2) ,organizations .which have performed by ways of their activity any such terroristic subversive activity as mentioned in Article 4 paragraph l (2).(i) to (ix) inclusive or which have started but not accomplished such activity, or have incited or, with'a view to causing such activity to be carried out, instigated persons to such activity ana caused them to perform such activity- and Approved For Release 2006105/01 :'CIA-RDP58-0045 2 002010 1dooi-9 Approved Fo;r Release 2006/05/01: CIA-R?P58-004538000200$10001-97 been taken and which have again performed any terroristic subversive' activity by way of their activity. (Prohibition of acts to be performed in the interest of organization Art. 8. Oter any action under the preceding' article shall become effective, any person who sha1.1 have been an offic?er, official or member of the organization concerne'. on and after the date on which the terroris subversive activity occasioning such action shall have been carried on shat not perform after the date on which such action shall become effect any act in the interest of the organization: Provided, however, that this shall not apply to any act which is ordinarily deemed necessary for litie tion involving the validity of such action or for the liquidation or wine ing up of the property or fairs of the organization.' (Prohibition of evasion) Art. 9. Any such person as referred to in the preceding article shall not under any name whatever perform any acts to evade the prohibitii .under the same article. (Liquidation of property-) ? Art. 10. Whenever with regard to an incorpoated organization the action as laid down in Article 7 becomes final and any application throw 1 ,edings for withdrawal or variation of "such action can not be .legal proce made 7 'such organization shall dissolve. 2. Whenever the action as mentioned in Article 7 becomes final and any application through legal proceedings for withdrawal or ' variation of such action can not be made, the organization concerned shall promptly liquidate. its property. 3. When the liquidation of property under the preceding paragraph has been completed, any person who has been officer or official of the organization concerned shall make a full report thereon to the Director of the Public Security Investigation Agency. Approved For Release 2006/05/01 CIA-RDP58-00453R000200 10001-9. (3) organizations to which any action under Article 5 paragraph 1 ha: ~IFTF Approved For Release 2006105101 :'CIA-RDP58-00453Rb00200 Procedure for Control Organizations (Request for action) Art. 110 The actions a; Subv er s iv e la-_',_c, down in reticle. 5 paragraph 1 and Article 7 shall be taken only on the request of the Director of the Publi Security Investigation i cncy. (Notice) Art..12. In ms :;ing roqUes der ho 2)reced.?ng article, the Director of the 1'ubl.ic Security Tnvesi.gati_on Agency shall beforehand fix the date and place f or the organization concerned to explain it with regard to the case involving it, G)nd by seven days immediately before such date notify the organization of. si ch date and place as well as the gist of the reasons for tx e contemplated request for action to the organization. 2. Any notice under the preceding paragraph shall be given by publish- ing it in the Official Gazette and shall be regarded as served on a lapse of seven days after the date of such publication. r e 3. In the case the place of,residence or address of the representative or executive officer of the org=niza.tion concerned is known, a written notice shall be sent to such person in addition to publication in the ,official Gazette under the preceding paragraph. (Proxy) Art. 13. Any organization which has received the' notice as laid down in paragraph 1 of the preceding article may choose a lawyer or lawye: or any other person or persons to represent the organization with regard to the case involving it. (Expression of opinion and presentation of evidence) Art. 14. Any office.,, official, member and proxy of the orgahizatio: concerned may, within tho limits bf five persons, appear on the date f ixec for explanation? express opinions about the facts and evidence and produc, favorable evidence to the. of f icial of the Public Security Investigation Agency who shall be designated by the Director of the Agency (hereinafter referred to as the designated officer'). Approved For F el ase 2006/05101 :CIA-R 7P58-C C0 " ~ 002'00 1000x1=9 Approved For Release 2006/05/ (Admission to hc.r:%r t~ CIA-R DP58-00453R000200 1000.1-9 Art . 15 . The of .a j .::at' on c-i nod MV choose not more than five persons 'as observers in tie case ire,.'>lr_?_ng it. 2. On choosing ani ,su' h1 ob .erver, such crganiza :ion shall report his ry 7= he ui';I ic Security Investigation Agency. or her ' name to the Dix 3. On the date filed for the organs za.tion concerned to explain, any observer and person engag:,' i report_r.g for any public newspaper, in- formation or b-,oadcasbin; me ism may attend at the proceedings of hearing 1+. In th? case any such person as specified in the preceding para- graph performs any act i_nte'ering with the hearing of explanation, the designated officer may expel sL,.ch person. (Unnecessary evidence) Art. 16, Any evil er,ce r:}rodu.ced under Article 11+, if unnecessary, shall not need to be taken: Provided, however, that the designated offic shall not abuse his power by unla~, ully abridging the right of the organization concerned to a fair ~m.nd full hearing of explanation. (Documents of hearing) Art. 17. The designated. officer shall make a document of the proce of the hearing conducted on the date of explanation of an organization. 2. The person who has au7F tired under Article 1+ 'shall be given an opportunity of expressing o,):t.:nions about. ttie contents of such document as laid down in the precedin. para raph, which shall be supplemented by indication of whether such Person has any opinion about such contents .and, the gist of the opinion of such person, if any. (Granting of copy of hearing' docU eflt and documentary evidence) Art. 18. The designated officer , if requested by the organization concerned, shall grant to such organization a copy of the hearing docu- ment and of documentary evidence taken. (Notice of deci_sicli riot to request action) Art. 19. IPhenNNrerr the Dil' ee bor of the Public Security Investigati Agency shall decide not o make ,.-. ;Wiest for action under Article 11 wit regard to a case in which he has given the notice as mentioned in Artic Approved For Release 2006/05/01: CIA-RDPJ8-00453#,,,700200$1000"119 Approved For Release 2006/05 di :CIA-R P58-00453R 10001-9 12 paragraph 1, he shall _promptly notify the organization concerned of such fact and publish it in the Official Gazette (Manner of request for action) Art. 2Oa Ann request for action under Article 11 slas11 be made by submitting to the Public Security Examination Commission a written request mentioning the facts wh:!ch shall constitute the grounds for such request, the"action to be taken pursuant to "article paragraph 1 or ?article 7 and other matters which shall be prescribed by the Commission by regulations. 2. Any written request for action shall be accompanied by such evidenc? as shall demonstrate the fact- which shall constitute the ground for such request, all the evidence paro(Auced by the organization concerned and the document as laid down in Article 17. 3. Such evidence referred to in' the preceding paragraph as shall 11 constitute the ground for the request foa demonstrate the fact which sh action shall be such about which the organization concerned shall have been given an opportunity of expressing its opinion. (Delivery of copy of written request for action and presentation of brief ) Art. 21. Whenever the Director of the Public' Security Investigation Agency has submitted a written request for action to the Public Security Examination Commission, he shall notify the organization concerned of the contents of such request, 2. Any notice under the preceding paragraph shall be given by publish- ing it in the Official Gazette and shall be regarded as served on a lapse of seven days after the date of such publication. 3 In the case the Place of residence or address of the representa- tive' or executive officer of the organization concerned is known, a copy of the written request for action shall be served upon such person in ad- dition to publication in the Official Gazette under ,the preceding paragra. ..'The organization concerned may, within fourteen days after service of the notice as laid down in paragraph 1 of this article, present its brief about the request for action to the Public Security Examination Approved For Release 2006/05/01 :'CIA-RC)P58-O0453RO00200310001-9 Approved For Release 2006/05101 :CIA-RD P58-00453R000200 10001-9 Commission. (Decision by Commission) Art. 22. The Public Security Examination Commission shall examine the written request for action, evidence and hearing documents submitted by the Director of the Public Security Investigation Agency and the brief presented by the organization concerned. In such' case, the Commission may make necessary inquiries for such examination'. 2..In order to. make examination ii& er the preceding paragraph, the Public Security Examination Commission may take the following actions: witnesses to voluntarily appear before the Commission and examine such persons, or to seek opinions or (1) To r equine persons concerned or (2) To require any owner, possessor or keeper of books, documents o other things to produce any such article voluntarily, or to place in the custody of the Commission any such article voluntarily produced; (3) With the consent of the care-taker or tenant or any other propE substitute, to inspect the office of the organization concerned or any other necessary place and examine the conduct of'business or any book, document or other thing; and (4) To request any public office "or organization, public or privatf reports from such persons; to submit any necessary report or material. 3. The'Publc Security examination Commission' in case it shall deem it appropriate to do so, may cause any member or' official of the Coimnis sfon to take any of the actions as laid down in the preceding paragraph 4. In taking any of the or 'official of the Public by any person concerned, riff ical ` status. actions as specified in Paragraph 2, any mem security Examination Commission, if demanded shall present his credentials indicating his 5'.'The Public Security Examination Commission shall, on the basis of examination made under' Paragraph 1, make any of the f ollc the result of in- decisions on the cease brought before the Commission: - 10 Approved For'Release 2006105!01 :''CIA-RDP58-00453R000200 IO0b1-9~' Approved For Release 2006/05/01: CIA-R1P58-00453R000200310007-9'. (1) To reject any request for action if such request is found unlaw- f. ul; (2) To dismiss any request for action if such request is found ground less; or (3) To carry out the action requested if the request is found reason- able. Even if the Pub!..ic Security Examination Commission is unable to take the action as mentioned in. Article 7 in a case involving any request for dissolution actiQi, if the organization concerned comes under Article paragraph 1, the Commission shall decide on any of the actions as specified in Article 5 paragraph 1, notwithstanding ' the` provisions of (2) of the preceding paragraph. (Manner of decision) Art. 23. Any decision by the Commission shall be made in writing. Such decision shall be accompanied by the statement of the reason there- for and bear the signatures and seas p of the chairman and members of the Commission who have taken part in the determination of such decision. (Notice and publication of decision) Art. 24. The Director of the Public Security Investigation Agency and the organization concerned shall be notified of the decision made by the Commission. 2. The notice as mentioned in the preceding paragraph shall be given by serving a copy of the written decision upon the Director of the Public Security Investigation Agency and the organization concerned. 3. Any Commission decision shall be published in the Official Gazette. (Time when Commission decision comes into effect) Art. ,,,25. Any decision by the Commission shall. become effective (1)' In the case of the decision to reject or dismiss a request for action, upon service;of a copy of the Commission's written decision on the Director of the Public Security Investigation Agency; or (2) In the case of the decision to take any action under Article 5 paragraph 1 or Article 7, upon publication of such decision in the Off icia Approved For Release 2006/05/01: CIA-RCP58-00453800020010001-9 Approved For Release 2006/05191 `CIA-RDP58-00453R00020031.0001-9 Gazette under.Paragraph 3 of the preceding article. 2. Against any decision mentioned in the preceding paragraph an applica- Lion may be made for stay of execution of action by filing a suit with the court, pursuant to' the -provisions of the Law for Special Regulations concerning the Procedure of Administrative Litigations (Law No. 81 of 191+$), to seek the withdrawal 'of variation of such decision. 3. The court shall try to y promptly commence the trial of such suit as mentioned in the. preceding paragraph and pass judgement thereon within a hundred days reckoning from the date of acceptance of such suit, regardless of the order o trial of the other cases. (Detailed regulations covering procedure for action) Art, 26. Except for the provisions of this'Chapter, detailed re-- gulations covering the proceedings in the Public security Examination Commission shall be established by the Commission., Chapter 4 Investigation (Investigative power of public security investigator) Art, 27 The public security investigator shall be empowered to con- l dust necessary investigations with regard to control under this Act within the limits of the standards .as (laid down in Article 3. (Inspection of documents and evidence) public security investigator may, in case of need for Art. 28. The in~estig~tion with regard to control under this Act, request any public ,prosecutor or judicial police Official to let him inspect the! documents, papers and evidence regarding any related case. formance of his duties, the public prosecutor or judicial police official shall comply with such request. 2. Unless any (Exchange of. information between Public Security Investigation Agency National Rural Approved For Release 2006/05101 ::CIA-RDP58-60453R00020031Q0O. 9l nd Police) Art. 29. The Public Security Investigation Agency Approved For Release 2006/05/058-004538000200310001-9 Appr. ued For Release 2006/05/01 CIA-RDPS$ fi 0"4-5 0 x, r or material with regard to enforcement o this Act. i on Police .and autonomous police shall exchange, Frith each other informat of proper ty?1 search and..in inspection by the' judicial police off ieial' in. an `(Witnessing by public security investigator) investigation with regard to control under this Act, witness the seizure offence involving any terroristic subversive (Placing articles in. custody) . .rt_. 31. activity.. The public security investigator'" may place in his custody any article produced by any person concerned or witness voluntarily. In such case, the public security investigator Shall. prepa ;e a Inventory of such articles and deliver (Custody_o~ articles) Art. 32. If any of such articles as placed' in the custody" of the public security investigator under the preceding article is inconvenient .for transit or custody, he may assign a guard to suet article or cause the owned of suci article or any other consent of such persons competent person to keep-It with the (Restitution. of articles) Art. 33. If any of such articles as placed in the custody of the public security investigator under _krticle 31 is unnecessary to keep in his custody, he shall return such article to' the ,person who has produced is unable to be returned because the, address of the person to whom the article is to be returned is unknown or for any other reason:, the public security investigator shall publish such fact in the Official Gazette. 3. If within six months after the -date of publication in the Official. .G4zette there, is no claim for restitution, any such article shall vest in Tn....suchcase as mentioned in the preceding paragraph, `if the article 22. the national treasury. 4. Even within the period as laid down in, the preceding paragraph, such-articles as 'have little or no value may be sorapped., or: such as are ri ved Icr R Leas 00 105101 '~. 1A dP50fl uQ20O 1 O I -inconvenient for custody may be sold by public auction and the proceeds kept In custody. (Presentation of credentials) Art. In aerforming his official duties~ the ' pubsi.c security investigator' shalX, if 'demanded by any person concerned, present his Acre ent~sl .fn i tang his offlcia~ status. apter Miscellaneous Provisions Publication of-court decisions Art. 35. Whenever all or part of any decision of the ,iblic Security Examination Cor mission to take any action under Article paragraph l or Article 7 is reversed by the court, the hirector off' tho Public Security Investigation Agency shall publish such fact in the Official Gazette. CRePort to Diet) The Attorney General shall report to the Diet once a year thxounh the Prime Minister on control of organizations under this Act. (Enforcement regulations) xce in this Art. 37? pt for such matters as specifically laid down Act , detailed re i uations necessary for the enforcement of this Act shall be made by the Attorney General's Office ordinance. pier 6 Penalties Cha (Incitement to offences involving internal disturbance, inducement and aid off` ,'e n incursion, and other offences) Whoever shall incite to the off ence as referred, to in .Article-17 9 81 or 82 of the Penal Code or instigate to such offence with a view,to, cau such toff offence to be committed shall, be 3,prironed with or without hard labor for a period not exceeding 2. Any person shall be liable to imprisonment labor, for a tern not exceeding five years seven years. with or without hard .t-'W U. ,,442... ,. 203 ift Approved For Release 2006/05 .(l) who shall incite 0.1 : CIA-RDP58-00453Rb00200$10001-9 to the offence as referred. to in Awticle 78, 79 or 88 of the .Pen.,l Code; (2) who; with a view to causing the offence as referred to in Article 77, 81 or 82 of the Penal Code to be committed, shall print, distribute to a number of persons or post openly ; any document or drawing claiming the propriety or necessity of the commission of such. offence; or (3) who, with a view to causing the offence as referred to in Article 77, 81 or 82 of the Penal Code to be comm_tted, shall communicate by wire- less or by wire broadcasting any asserti,ori of the propriety or necessity of the commission of such offence. 3. In the case any person who shall have committed any of the offences as referred to in the preceding? two paragraphs with reference to the offence as referred to in Article 77, 78 .or 79 of the Penal Code shall surrender himself before the disturbance takes ;shape' the sentence to be imposed upon such person shall be commuted or ,emitted. (Preliminaries of arson for political purposes and other offences) ,Art. 39. Any person who, with a view to promoting, supporting or opposing any political doctrine or policy, works out the preliminaries or plot, or incites, to commit the offence mentioned in Article 108, 109 paragraph 11, the former part of 117 paragraph i 9 126 ' paragraph 1 or 2, 199 or 236 paragraph 1 of the Penal Code, or instigates to commit such offence with a view to causing such offence to be committed, shall be liable to imprisonment with or without hard labor for a period not exceed- ing five years, (Preliminaries of riot for political purposes and other offences) Art. 40. Any person who, with a vj.ew to promoting, supporting or .Opposing any political doctrine or policy, works out the preliminaries or plot of 9 or incites to, any of the following offences, or instigates to such offence with a view to causing such offence to be committed, shall be liable to imprisonment with or without hard labor,forte, a term not exceed- ing three years: Approved For Release 2006/05/01: CIA-RD'P58-00453R000200$1'C3b01-9 R00020010001'-9 (1) the offence as referred to in Article 106 of the Penal Code; (2k) the offence as ref erred to. in Article l25 of said Code; or (3) the offence as referred to in Article 95 of the same Code, by carrying any deadly weapon or poison and acting collectively against any person engaged 'in procuratorial official, any person who guards person engaged in investigation or police duties, any assistant to or escorts persons under this Act. (Incitement) Art. 41.' Nothing of the ?provisions such detained , by law or any of this Act on incitement shall exclude that part of the General Provisions of the Penal Code which refers to incitement from application to any offence committed by any person incited to the commission. In such case, the pertinent sentences as provided. for in said Code and this Act shall be compared and the heavier sentence shall be imposed. (Violation of prohibition of acts to be performed in the interest of organizations),. Art. 12. Any person who contravenes Article 8 or 9 shall be liable to imprisonment at hard labor for a period not exceeding three years or to a fine not exceeding fifty thousand yen. (Violation of action of restriction on organization activity) Art, 43. Any person who contravenes Article 5 paragraph 2 or Article 6 shall be liable to imprisonment at hard labor for a period not exceeding two years or to a fine not exceeding thirty thousand yon. (offence of violation of order of expulsion) Art. 4+4. Whoever shall act against the order of expulsion under Article 15 paragraph 4 shall be liable to a fine not `'exceedin thirty thousand yen. (Offence of abuse of powers by. public security investigator) Art. 45. Whenever the public security investigator shall abuse his powers by forcing any other person to do anything which such person shall be under no obligation to do or by interfering with the right of such person to do anything, such official shall be imprisoned with or without 16 Approved For Release 20{)6/05101 :CIA-RDP58-0045 Approved For Release 2006/05/01 :!CIA-RDP58-00453R000200100011-9. Approved For Release 2006/05/01 : CIA-RDP58-00453R000200 10001-9 hard labor for a term not exceeding three years. Supplementary Provisions 1. This Act shall become effective as from the date. of its promulga- tion. 2. The following Cabinet Ordinances shall be rescinded: (1) The Organizations Control Order (Cabinet Order No. 64 of 1949). (2) The Cabinet Order concerning the Custody and Disposition, etc. of the Properties of Dissolved Organizations.(Cabinet Order No. 238 of 1948). (3) The Order concerning the Sales Commission of Dissolved Organiza- tions' Properties (Cabinet Order No. 285 of 1948). 3. The application of the penal provisions of the ordinance mentioned in (1) or (2) of the preceding paragraph to unlawful acts performed before the enforcement of this Act shall remain the same as before. 4. Such matters shall be transacted in. the same manner as before as the administration and disposition (including repayment of liabilities under Article 14 of the Cabinet Order concerning the Custody and Disposi- tion, etc. of the Properties of Dissolved Organizations) of the property of any organization dissolved under Article .4 of the Organizations Control Order (including organizations laid down in, Article: 23 of the Cabinet Order concerning the Custody and Disposition etc. of the Properties of Dissolved Organizations) which has vested in the national treasury prior to the enforcement of this Act, and punishment for any violation of the foregoing orders. In. this case, the business of the Sales Commission of Dissolved Organizations' Properties shall be conducted by the Attorney General. 5. The Law for Establishment of Attorney General's Office (Law No. 193 of 1947) is partly amended as follows: a. Cross out that part of Article 1 paragraph 3 providing "matters concerning prohibition, etc, from formation of political parties, associa- tions and other bodies, made in accordance with the provisions of the - 17 - Approved For Release 2006/05101 CIA-RDP58-00453RO00 00 1Q0001-9 Approved for Release 2006/05/01 CIA-RbP58-00453R00020010001 '9 Organizations Control Order (Cab-7-net Order No. 64 1949) , matters concern. ing the custody, etc. of the properties which' have been vested in the National Treasury in accordance with the provisions of the Cabinet Order concerning the Custody and Disposition, etc. of the Properties of DissolvE Organizations (Cabinet Order No, 238, 1948)" and insert instead U-----and matters pertaining to control of subversive organizations under the Sub- vers .ve Activities Prevention Act (Law No. of 1952).11 b. Cross out (8) of Para^raph 3 of article 8 and change (9) to (8). 6, The Criminal Procedure Code (Law No. 131, 1890) is amended in part as follows-, Add, immediately after p'Ar ticl.e 193 to 196 of the Penal Code" in the provisions of Article 262 Paragraph 11 the words "or Article 1#-5 of the Subversive Activities Prevention Act (Law. No. l952" 18 .,: to 0_` App'roved Fo=r Reif sE 2006105!01 :nCIA-RDP58-064 '1 At?