JAPAN Trends and Developments Contributed by: Masayuki Atsumi and Yuhei Sakao, Miura & Partners
In Japan, bribery of domestic public officials is regulated mainly by the Penal Code (Act No 45 of 1907), under which a public official shall be subject to criminal liability in connection with their duties if they: • accept, solicit or promise to accept a bribe (Article 197); • cause a bribe to be given to a third party (Article 197-2); • act illegally or omit to act appropriately after/ before committing a crime under one of the preceding two Articles (Article 197-3); or • accept, solicit or promise to accept a bribe as consideration for the influence that a public official exerted, or is to exert, in response to a request, over another public official so as to cause the other to act illegally or refrain from acting in the exercise of their official duty (Article 197-4). A person who gives, offers, or promises to give such bribes shall also be subject to criminal lia - bility (Article 198). Under court precedents, “bribery” is defined as unjust remuneration for the services of a public official. The “benefit” is not limited to tangible benefits but could include anything that satisfies one’s desires or demands, such as hospitality, travel or entertainment expenses. A public official who accepts, solicits, or prom - ises to accept a bribe in connection with their duties is punishable by imprisonment for not more than five years. If such a public offi - cial agrees to perform an act in response to a request, they are punishable by imprisonment for not more than seven years. When a public official commits the crime of brib - ery and consequently acts illegally or refrains
from acting in the exercise of their duty, they are punishable by imprisonment for at least one year (Article 197-3 (1)). The same applies when a public official accepts, solicits or promises to accept a bribe, is involved in a bribe being given to a third party, or solicits or promises that a bribe be given to a third party in connection with having acted illegally or having refrained from acting in the exercise of their duty (Article 197-3 (2)). A bribe knowingly accepted by an offender or by a third party shall be confiscated. A person who gives, offers or promises to give a bribe as provided for in Articles 197 through 197-4 is punishable by imprisonment for not more than three years or a fine of not more than JPY2.5 million (Article 198). It is worth mentioning that only individuals are subject to bribery regulation under the Penal Code; corporations are not. Recent trends and cases of bribery of domestic public officials Although bribery is a serious economic crime in Japan with severe penalties, as described above, bribery cases continue to occur. In 2024, various bribery cases were uncovered and widely reported. For example, in a bribery case involving road construction ordered by a prefecture, a prefectural official in charge and the ex-president of the construction contractor were arrested and convicted. Also, in a case where an orthopaedic surgeon at a hospital run by an incorporated administrative agency, which was treated as a deemed public official, provided favours to a medical equipment manufacturing company in relation to the selection of implants, the surgeon and the company’s ex-employee in charge were arrested and convicted.
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