Chapter II Cooperation with the International Criminal Court
Section 3 Surrender of an Offender Sought for Surrender, etc.
Section 4 Cooperation with Enforcement
(Requirements for Cooperation with Enforcement)
Article 38 (2) Where the offense underlying the surrender request is any of the crimes prescribed in article 70, paragraph 1 of the Statute, cooperation with enforcement may be given except in a case that falls under any of the following items:
(i) when, if the act constituting the offense underlying the surrender request were to be committed within Japan, it would be found impossible to impose a punishment under Japanese laws and regulations;
(ii) when a case connected with the offense underlying the surrender request is pending before a Japanese court, or when a final and binding judgment has been issued thereon by a Japanese court; or
(iii) cooperation with enforcement entailing preservation for a forfeiture in instances when, if a punishment were to be imposed in Japan for the offense underlying the cooperation request, the property connected with said request for cooperation with enforcement would not be subject to preservation for confiscation under Japanese laws and regulations (excluding instances where property connected with said request was obtained from a person who was harmed by the act constituting the offense underlying the cooperation request, when the property would not be subject to preservation for confiscation, on the basis that the property belongs to said person or his/her general successor).
Offences against administration of justice
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