Reservations and Declarations for Treaty No.185 - Convention on Cybercrime

Nature of declaration : Reservations
Status as of 19/10/2017

Japan

Reservation contained in a letter from the Consul General of Japan deposited with the instrument of acceptance on 3 July 2012

In accordance with Article 42 and Article 6 (Misuse of devices), paragraph 3 of the Convention, the Government of Japan reserves the right not to apply Article 6, paragraph 1, except for:

(a) the offences set forth in Article 168-2 (Creation of electromagnetic record of unauthorised commands) or Article 168-3 (Obtainment of electromagnetic record of unauthorised commands) of the Penal code (Law No. 45, 1907);
(b) the offences set forth in Article 4 (Prohibition of acts of unauthorised obtainment of another person’s identification code), Article 5 (Prohibition of acts of facilitating unauthorised computer access) or Article 6 (Prohibition of acts of unauthorised storage of another person’s identification code) of the Act on the Prohibition of Unauthorised Computer Access (Law No. 128, 1999).
Period covered: 01/11/2012 -
Articles concerned : 6

Reservation contained in a letter from the Consul General of Japan deposited with the instrument of acceptance on 3 July 2012

In accordance with Article 42 and Article 9 (Offences related to child pornography), paragraph 4 of the Convention, the Government of Japan reserves the right not to apply Article 9, paragraph 1.d and e and paragraph 2.b and c, except for the offences set forth in Article 7 (Provision of child pornography and other related activities) of the Act on Punishment of Activities Relating to Child Prostitution and Child Pornography, and the Protection of Children (Law No. 52, 1999).
Period covered: 01/11/2012 -
Articles concerned : 9

Reservation contained in a letter from the Consul General of Japan deposited with the instrument of acceptance on 3 July 2012

In accordance with Article 42 and Article 11 (Attempt and aiding or abetting), paragraph 3 of the Convention, the Government of Japan reserves the right not to apply Article 11, paragraph 2 to the offences established pursuant to Article 4, Article 5, Article 7 and Article 9, paragraph 1.a and c, except for the offences set forth in Article 168-2 (Creation of electromagnetic record of unauthorised commands) or Article 234-2 (Obstruction of business by damaging a computer) of the Penal Code.
Period covered: 01/11/2012 -
Articles concerned : 11

Reservation contained in a letter from the Consul General of Japan deposited with the instrument of acceptance on 3 July 2012

In accordance with Article 42 and Article 22 (Jurisdiction), paragraph 2 of the Convention, the Government of Japan reserves the right not to apply the jurisdiction rules laid down in Article 22, paragraph 1.d to the offences established pursuant to Article 6, paragraph 1.a.ii of the Convention as far as the offences set forth in Article 13 (Prohibition of acts of facilitating unauthorised computer access without knowing the purpose of unauthorised computer access of the obtainer) of the Act of Prohibition of Unauthorised Computer Access are concerned.
Period covered: 01/11/2012 -
Articles concerned : 22


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