(Restrictions on extradition)
Article 2.
A fugitive shall not be surrendered in any of the following circumstances, provided that this shall not apply, in cases falling under items (3), (4), (8), or (9), when the treaty of extradition provides otherwise:
(1) When the offense for which extradition is requested is a political offense;
(2) When the request for extradition is deemed to have been made with a view to trying or punishing the fugitive for a political offense which he has committed;
(3) When the offense for which extradition is requested is not punishable by death, or by imprisonment for life or for a maximum term of three years or more by the laws, regulations or ordinances of the requesting country;
(4) When the act constituting the offense for which extradition is requested would not be punishable under the laws, regulations or ordinances of Japan by death or by imprisonment for life or for a maximum term of three years or more if the act were committed in Japan;
(5) When it is deemed that under the laws, regulations or ordinances of Japan it would be impossible to impose or to execute punishment upon the fugitive, if the act constituting the offense for which extradition is requested were committed in Japan, or if the trial therefor were held in a court of Japan;
(6) Except in the case of a fugitive who has been convicted of an offense for which extradition is requested by a court of the requesting country, when there is no probable cause to suspect that the fugitive has committed the act which constitutes an offense for which extradition is requested;
(7) When a criminal prosecution based on the act constituting an offense for which extradition is requested is pending in a Japanese court, or when a judgment in such a case has become final;
(8) When a criminal prosecution for an offense committed by the fugitive other than the offense for which extradition is requested is pending in a Japanese court, or when the fugitive has been sentenced to punishment by a Japanese court for such an offense and the execution of the sentence of the fugitive has not been completed or the sentence has yet to be non-executable;
(9) When the fugitive is a Japanese national.
EDIT.