National flag damage penalty law passed and enacted at a plenary session of the House of Councilors
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The law penalizing the act of damaging the Japanese national flag was voted on at a plenary session of the House of Councilors, and passed with a majority vote.
The law penalizing the act of damaging the Japanese national flag was voted on at a plenary session of the House of Councilors, and passed with a majority vote. The law, which penalizes the act of damaging Japan's national flag, was jointly submitted by four parties: the Liberal Democratic Party, the Ishin Party, the Democratic Party of the People, and the Participating Parties, and defines the flag in question as ``a tangible object that is accepted in social convention as being used as the national flag.'' Anyone who publicly damages, removes, or defaces the national flag in a manner that causes extreme discomfort or disgust will be subject to imprisonment for up to two years or a fine of up to 200,000 yen. On the other hand, it states that determining whether something constitutes a crime will be determined by objectively taking into account the act and surrounding circumstances, and that care must be taken not to unfairly infringe on the freedoms and rights of the people guaranteed by the Constitution, such as freedom of expression. Makiko Dogome of the Democratic Party of Japan, who submitted the bill, held a debate before the vote at the plenary session of the House of Councilors on the 17th, and stated, ``Looking at the results of public opinion polls regarding the creation of a crime for damaging the national flag, we believe that many people have requested it.We have also received written opinions from local assemblies calling for its early creation, so it is significant.'' Fumika Shiomura of the Constitutional Democratic Party of Japan, who argued in opposition, said, ``While I respect the national flag, I firmly oppose the bill that attempts to force and bind the people with criminal penalties.It fatally lacks the clarity that is essential in criminal laws and regulations, and will lead to serious confusion and human rights violations.'' As a result of the vote, the law was passed and enacted with a majority vote. Regarding the law, the Cabinet committees of both the House of Representatives and the House of Councilors have passed accompanying resolutions calling on the government to make efforts to disseminate the purpose and content of the law in order to prevent the expression of political opinions and artistic expression from being diminished.
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