JapanDifference between infraction fine and criminal penalty?
In Japan, an infraction fine (karyo) is a non-criminal administrative penalty for minor violations, while a criminal penalty results from conviction in criminal court and carries stigma, imprisonment, or heavier fines under the Penal Code.
What the Law Says
Japan distinguishes between criminal punishment and administrative infraction penalties under separate statutes. Infraction fines are imposed for minor public order violations without criminal prosecution, whereas criminal penalties follow formal indictment and trial.
Infraction penalties (karyo) are governed by the Act on Penalties for Minor Offenses (Act No. 54 of 1948). They apply to petty acts like minor trespassing, littering, or obstructing public officials — not serious crimes. These penalties are imposed administratively by police officers or summary courts without a full criminal trial.
Criminal penalties, by contrast, arise only after conviction under the Penal Code (Act No. 45 of 1907), which defines crimes and prescribes punishments including imprisonment, fines over ¥200,000, or forfeiture. A criminal conviction creates a criminal record and affects civil rights such as eligibility for public office or certain licenses.
Crucially, an infraction penalty does not constitute a criminal conviction. As stated in the Infraction Act, 'a karyo disposition shall not be deemed a criminal punishment.' This means no criminal record, no loss of voting rights, and no disqualification from employment requiring clean records.
Statutory TextA karyo disposition shall not be deemed a criminal punishment.
— Act on Penalties for Minor Offenses, s. 1 — General Provision
Statutory TextPunishments under this Code are limited to death penalty, imprisonment with work, imprisonment without work, confinement, fine, penalty fee, and forfeiture.
— Penal Code, s. 1 — Definition of Punishments
What to Do
If issued a karyo notice: pay the fine (up to ¥200,000) or appear before a summary court within 14 days to contest it.
If charged with a crime: consult a licensed bengoshi (attorney) immediately — do not assume it’s just an infraction.
Check whether your case falls under the Infraction Act (e.g., minor public nuisance) or the Penal Code (e.g., theft, assault).
Remember: paying a karyo fine does not create a criminal record; a guilty verdict in criminal court does.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-09.