Chapter I General Provisions

(Purpose of this Act)

Article 1 The purpose of this Act is to prescribe necessary control measures for an Organization which has committed a Terroristic Subversive Activity as an Organizational activity, and to prescribe penalties for Terroristic Subversive Activities, thereby contributing to securing public security.

Subversive Activities Prevention Act

(Interpretation and Application of this Act)

Subversive Activities Prevention Act

Article 2 Due to the fact that this Act has a grave bearing upon the fundamental human rights of the citizens, it shall be applied only to the minimum extent necessary to secure public security, and shall not under any circumstances be subject to an expanded interpretation.

Subversive Activities Prevention Act

(Control Standards)

Article 3 (1) Controls and investigations for controls under this Act shall be conducted only to the minimum extent necessary to achieve the purpose prescribed in Article 1, and shall not under any circumstances be carried out, in deviation from the prescribed authority, to unreasonably restrict freedom of thought, freedom of religion, freedom of assembly and association, freedom of expression, academic freedom, the right of workers to organize and act collectively, or any other liberty or right of the citizens which is guaranteed by the Constitution of Japan.

(2) Controls and investigations for controls under this Act shall not under any circumstances be abused or used to restrict or interfere with any lawful activity by labor union or other Organization.

(Definitions)

Article 4 (1) In this Act, the term "Terroristic Subversive Activity" means:

(i) (a) committing an act prescribed in Article 77 (Insurrection), Article 78 (Preparations; Plots), Article 79 (Accessoryship to Insurrection), Article 81 (Instigation of Foreign Aggression), Article 82 (Assistance to the Enemy), Article 87 (Attempts) or Article 88 (Preparations; Plots) of the Penal Code (Act No. 45 of 1907);

(b) Inducing an act prescribed in (a) above;

(c) with the intent to cause an act prescribed in Article 77, 81 or 82 of the Penal Code to be committed, inciting the act;

(d) with the intent to cause an act prescribed in Article 77, 81 or 82 of the Penal Code to be committed, printing, distributing to a number of persons or posting openly any document or picture asserting the propriety or necessity of the commitment of the act; or

(e) with the intent to cause an act prescribed in Article 77, 81 or 82 of the Penal Code to be committed, communicating any assertion of the propriety or necessity of the performance of the act via wireless communications or wire broadcasting.

(ii) with the intent to promote, support or oppose any political doctrine or policy, performing any of the following acts:

(a) an act prescribed in Article 106 of the Penal Code (Disturbance);

(b) an act prescribed in Article 108 (Arson of Inhabited Buildings) or Article 109, paragraph (1) (Arson of Uninhabited Buildings) of the Penal Code;

(c) an act prescribed in the first sentence of Article 117, paragraph (1) of the Penal Code (Detonating of Explosives);

(d) an act prescribed in Article 125 of the Penal Code (Endangering Traffic);

(e) an act prescribed in Article 126, paragraph (1) or (2) of the Penal Code (Overturning of Trains);

(f) an act prescribed in Article 199 of the Penal Code (Homicide);

(g) an act prescribed in Article 236, paragraph (1) of the Penal Code (Robbery);

(h) an act prescribed in Article 1 of the Criminal Regulations to Control Explosives (Cabinet Ordinance No. 32 of 1884) (Criminal Use of Explosives);

(i) an act prescribed in Article 95 of the Penal Code (Obstructing or Compelling Performance of Public Duty), committed collectively by carrying any deadly weapon or poison, against any person engaged in prosecutorial or police duties, any assistant to the person, any person who guards or escorts persons in legal custody, or any person engaged in an investigation under this Act; or

(j) preparing, plotting or inducing any of the acts prescribed in (a) through (i) above, or Inciting any of the acts prescribed in (a) through (i) above with the intent to cause the acts to be committed.

(2) In this Act, the term "Incite" means, with the intent to cause a particular act to be committed, allowing a person, by means of any document, picture, speech or action, to decide to commit the act, or to be provided with a stimulus of sufficient power to promote a decision already in the process of being made.