Criminal law counter to public procurement fraud: the legislative experience of Japan

Japan is one of the developed market-economy countries characterized by successful anti-corruption practices, including abuses in public procurement. Criminal liability for such crimes is stipulated in both the Criminal Code and certain laws allowing it to be widely applied to violators. Thus, on July 31, 2002, Japan adopted the Act on Elimination and Prevention of Involvement in Bid Rigging, etc. and Punishments for Acts by Employees that Harm Fairness of Bidding, etc. which detailed the elements of crime and the relevant sanctions. The Fair Trade Commission plays a major role in combating crimes in this field as it has extensive procedural and administrative powers and is provided with state coercive measures, including criminal liability for non-compliance with legal requirements. At the same time, it is typical for Japan to exercise restraint in penal repression and take softer corrective measures.