Annotations on Anti-Boryokudan law

Anti-Boryokudan Law – Concerning Prevention of Unjust Acts by Organized Crime Groups(Boryokudan):

How to deal legal groups as illegal syndicates:

The features of the law:

Reference:
暴力団対策法:脅しに負けず、迷わず相談!公益財団法人暴力団追放兵庫県民センター
LAW CONCERNING PREVENTION OF UNJUST ACTS BY ORGANIZED CRIME GROUPS (BORYOKUDAN) (ANTI-BORYOKUDAN LAW)
暴力団員による不当な行為の防止等に関する法律

Designated gangs:
Criteria for “designated gangs” is 1. Taking advantage of the influence of the gang. 2. Significantly high rate of the percentage of members in number of holders of criminal records. 3. An organization hierarchically organized under the control of a person representing the gang(3).
A designation shall remain effective for three years(8).

Prohibition of violent demanding acts and quasi-violent demanding acts:
“Violent demanding acts” are the 27 forms of acts defined in Article 9 by “designated gangsters” demonstrating the influence of the designated gang to which he belongs or a hierarchically superior designated gang(9). The 6 forms were newly added with the amendment in 2012.
“quasi-violent demanding acts” are the same acts above except for been conducted by a person other than gangsters belonging to a designated gang, taking advantage of the influence of the designated gang or its hierarchically superior designated gang(2). The person actually means a close affiliate of a gang, a ex-gangster, or a offerer of advantages for a gang.
Also, if a gangster requests other persons to commit quasi-violent demanding acts, it shall be prohibited(12-3).

Order to stop the violent demanding acts or the quasi-violent demanding acts, and the penalty:
The Public Safety Commission may order to stop the violent demanding acts or the quasi-violent demanding acts against the said person, or a superior designated gangster like the boss of the gang.
When he would not follow the order and other similar acts are likely to be further repeated, the police may arrest a person violating the order, with a penal servitude of not more than three years or a fine of not more than 5,000,000 yen.
The measure is applied to a citizen who requests or assists a designated gang to commit such prohibited acts.

Prohibition of Coerced Affiliation and impeding seceding:
Coercing ritual finger-cutting is prohibited here(20).
The prohibited coercing acts includes inducing minors into affiliation(16), and making Minors into Tattooing(24).
The Public Safety Commission may order to stop those acts like above. If not followed, the police may arrest with a penal servitude of not more than three years or a fine of not more than 2,500,000 yen.

Designated specific strife gangs?(特定抗争指定暴力団等):
The Public Safety Commission may Set a caution zone when a strife occurs and the violent acts with weapons are likely to cause critical danger for human bodies and lives. The designation shall remain for three months, but it can be extended if necessary. The office of the designated gang must display prescribed labels which indicating the designation(15-2).
After designation in the caution zone, designated gangs are prohibited to construct new offices, access to the existing offices, stay the existing offices, stalk opponent gangsters, roam a opponent gangster’s house or gang’s office, assembly with a bunch of the gangsters(15-3).
If the prohibited acts are occur, the police may immediately arrest him with a penal servitude of not more than three years or a fine of not more than 5,000,000 yen.

Designated specific dangerous gangs?(特定危険指定暴力団等):
If a gang commits violent acts with weapons, against the person who refused violent demanding acts or related to impeding request for indemnity, The Public Safety Commission may set a caution zone and designate the gang as specific dangerous gang(特定危険指定暴力団等)(30-8~11).
After designation in the caution zone, if a gangster commits violent demanding acts or impeding request for indemnity, the police may immediately arrest him with a penal servitude of not more than three years or a fine of not more than 5,000,000 yen.

Restriction of use of office in case of a gang war or strife:
In case of gang war or strife, The Public Safety Commission may order to prohibit the designated gangsters from managing the office for no longer than three months(15).
If a gangster doesn’t follow the order, the police may immediately arrest him with a penal servitude of not more than three years or a fine of not more than 2,500,000 yen.
The office of the designated gang must display prescribed labels which indicating the designation. If whoever damages a label, the police may arrest the person with a fine of not more than 1,000,000 yen.

Indemnity liabilities of representatives of designated gangs:
If a person is suffered damaged from illegal acts of a designated gangster or a gang war, the representative of a designated gang can be claimed for indemnity(31~32).
In case a designated gangster impending request for indemnity by stalking, or making the person feel unsafe with continuous contact or watching etc.. there is the restriction of impeding request for indemnity(30-2~4).

 

The features of the law with article number(Last amendment version on 2013/6/19):

I selected and summarized the law, to indicate where an article is, for later use. If you need accurate clauses, check the original text from an official webpage.

CHAPTER 1 GENERAL PROVISIONS:
2. Definition of the terms: “Illegal acts of violence, etc.”, “Gang”, “Designated gangs”, “Designated union of gangs”, “Designated gang, etc.”, “Gangsters”, “Violent demanding acts”, “Quasi-violent demanding acts”.
3. Criteria for “designated gangs”: (1)Taking advantage of the influence of the gang. (2)Significantly high rate of the percentage of members in number of holders of criminal records. (3)An organization hierarchically organized under the control of a person representing the gang.
4. Criteria for “designated union of gangs”
5. Obligation and exception of hearing of statements to designate
7. Public Announcement of Designation
8. Validity and Repeal of Designation: A designation shall remain effective for three years.

CHAPTER 2 CONTROL OF VIOLENT DEMANDING ACTS:
9. Prohibition of violent demanding acts: 27 forms of prohibited acts.
10. Prohibition of Demanding the Execution of Violent Demanding Acts
11. Measures Against Violent Demanding Acts: Order to stop to violent demanding acts; if it still seems to be repeated, the Public Safety Commission may order necessary actions to prevent it.
12-2. Order against representatives or superior gangster
12-3. Prohibition of Demanding the Execution of Quasi-violent Demanding Acts
13. Assistance to the Other Party of Violent Demanding Acts: After having issued an order in accordance with the provision of Article 11 or the previous article, and when the Public Safety Commission is receive a request from the other party to assist, it shall make contact with the designated gang and provide any other necessary assistance to the other party. (1) Return the money and valuables. (2)Fulfill the obligation before being discharged or granted a grace. (3)Restore the original state before being forced to evacuate the building.
14. Assistance to Business Operators

CHAPTER 3 RESTRICTION OF USE OF OFFICE IN CASE OF A GANG WAR OR STRIFE:
15. Restriction of Use of Office
15-2. Designation of “specific strife gangs”?(特定抗争指定暴力団等): Public Safety Commission shall Set a caution zone when a strife occurs and the violent acts with weapons are likely to cause critical danger for human bodies and lives. The designation shall remain for three months, but it can be extended if necessary. The office of the designated gang must display prescribed labels which indicating the designation.

CHAPTER 4 REGULATIONS ON COERCED AFFILIATION AND OTHER REGULA TIONS:
16. Prohibition of Coerced Affiliation: Designated gangsters shall neither coerce nor induce minors (referring to persons under 20 years of age) into affiliating with any designated gang, etc.
20. Prohibition of Coerced Ritual Finger-cutting
24. Prohibition of Coercing Minors into Tattooing
28. Support for Persons Willing to Secede
29. Prohibited acts at offices, etc.
30-2. Prohibition of obstructing request for indemnity:
30-5. Prohibition of extolling violent acts
30-6. Prohibited acts relating to turfs: providing protection, inducing contract, collecting debt, and request to do it by business operators.

CHAPTER 4-2 DESIGNATION OF “SPECIFIC DENGEROUS GANGS”?(特定危険指定暴力団等の指定):
30-8. Designation of specific dangerous gangs?(特定危険指定暴力団等)
30-9. Prohibited acts of designated specific dangerous gangs:
30-11. Restriction of use of office for designated specific dangerous gangs

CHAPTER 5 INDEMNITY LIABILITIES OF REPRESENTATIVES OF DESIGNATED GANGS:
31. Indemnity Liabilities related to a Gang war or Strife
31-2. Indemnity Liabilities related to obtaining fund acts taking advantage of the influence of the gang
31-3. Application of Civil Code

CHAPTER 6:
32. National Anti-violence Campaign Promotion Center

CHAPTER 7 MISCELLANEOUS PROVISIONS

CHAPTER 8 PENAL PROVISIONS:
46.
52.

Sources:

Japanese letter of the law: 暴力団員による不当な行為の防止等に関する法律
English letter of the law (p. 57-86): LAW CONCERNING PREVENTION OF UNJUST ACTS BY ORGANIZED CRIME GROUPS (BORYOKUDAN) (ANTI-BORYOKUDAN LAW) 
Peter B. E. Hill’s thesis: Botaiho : Japanese organised crime under the Boryokudan countermeasures law

Leave a Reply