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Integrity Scorecard

2007 Assessment

Japan: Integrity Indicators Scorecard

Japan: Integrity Scorecard Report > Sub-Category: Anti-Corruption Law
Indicators		Score
70	Is there legislation criminalizing corruption?	89

Indicator and sub-Indicator Details

Is there legislation criminalizing corruption?

70a: In law, attempted corruption is illegal.

Score:

YES

Comments: Criminal act includes attempted corruption when the actual risk occurs.

References: Article 197 of the Penal Code.

70b: In law, extortion is illegal.

Score:

YES

Comments: Criminal act includes extortion. Extortion is defined as demanding favorable treatment (such as a bribe) to withhold a punishment.

References: Article 197 of the Penal Code.

70c: In law, offering a bribe (i.e. active corruption) is illegal.

Score:

YES

Comments: Offering a bribe is illegal.

References: Article 198 of the Penal Code.

70d: In law, receiving a bribe (i.e. passive corruption) is illegal.

Score:

YES

Comments: Receiving a bribe is illegal.

References: Article 197 of the Penal Code.

70e: In law, bribing a foreign official is illegal.

Score:

YES

Comments: Bribing a foreign official is illegal.

References: Article 18 of the Unfair Competition Prevention Act.

Peer Review Comments: The Unfair Competition Prevention Act has been amended three times to meet the requirements of the 1997 Organisation for Economic Co-operation and Development Anti-Bribery Convention. However, so far there has been only one minor conviction (in March 2007), which involved a Kyushu-based company that had bribed two Philippine officials with sets of golf clubs.

70f: In law, using public resources for private gain is illegal.

Score:

YES

Comments: Using public resources for private gain is illegal.

References: Article 3 of the National Public Service Ethics Act.

70g: In law, using confidential state information for private gain is illegal.

Score:

YES

Comments: Using confidential state information for private gain is illegal.

References: Article 100 of the National Public Service Act.

70h: In law, money laundering is illegal.

Score:

YES

Comments: Money laundering is illegal. Money laundering is defined as concealing the origin of funds to hide wrongdoing or avoid confiscation.

References: Article 10 of the Organized Crime Punishment Act.

70i: In law, conspiracy to commit a crime (i.e. organized crime) is illegal.

Score:

YES

Comments: Conspiracy to commit a crime is not illegal at this writing, but the amendment to the relevant Acts to make conspiracy to commit some crimes across the border illegal is presented to the National Diet and will become effective in the near future.

References: Interview with board member of Transparency International Japan.