Page:Copyright Act of Japan (2006).djvu/79

 who has committed the crimes provided for in this paragraph outside this country.

Article 123
 * (1) In the case of a crime set forth in Article 119, Article 120-2, items (iii) and (iv), Article 121-2 and paragraph (1) of the preceding Article, prosecution shall take place only upon the filing of a complaint [by the injured person].


 * (2)　A publisher of an anonymous or a pseudonymous work may file a complaint with respect to a crime provided for in the preceding paragraph with respect to his work; provided, however, that the foregoing shall not apply in cases where the proviso to Article 118, paragraph (1) is applicable and where such complaint is contrary to the clear indication of intent by the author.

Article 124
 * Where the representative of a juridical person (including the administrator of an association or foundation without juridical personality), an agent, an employee or any other worker of a juridical person or person, in connection with the business of such juridical person or person, commits an act in violation of the provisions mentioned in any of the following items, then, in addition to the punishment of the violator [himself], the fine fixed in each item below shall be imposed upon such juridical person and the fine fixed in the provisions of each Article mentioned in each item below shall be imposed upon such person:


 * (i)　Article 119, paragraphs (1) or (2), items (iii) or (iv), or Article 122-2, paragraph (1):　a fine of not more than three hundred million Yen;


 * (ii)　Article 119, paragraph (2), items (i) or (ii), or Article 120 to Article 122:　the fine set forth in each of these Articles.


 * (2)　Where the provisions of the preceding paragraph apply to an association or foundation without juridical personality, its representative or administrator shall represent such association or foundation in connection with its acts of litigation, and the provisions of the Code of Criminal Procedure which are applicable where a juridical person is the accused or suspect shall apply mutatis mutandis.


 * (3)　In the case of paragraph (1), a complaint filed against the violator and the dismissal of such complaint against such violator shall be also effective with respect to the juridical person or the person concerned, and a complaint filed against a juridical person or a person or the dismissal of such complaint against such juridical person or person shall be also effective with respect to the violator concerned.


 * (4)　The statute of limitations in cases where a fine is imposed on a juridical person or a person for an act of violation under Article 119, paragraphs (1) or (2) or Article 122-2, paragraph (1) pursuant to the provisions of paragraph (1)

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