Academic Misrepresentation and the Public Offices Election Act (Japan)

 

Academic Misrepresentation and the Public Offices Election Act (Japan)

Relevant Provision

  • Article 235(1): “False Statement Offense”
    If a candidate (or their associates) makes a false statement about career history or other matters for the purpose of winning an election, it constitutes a crime.
    → Penalty: Imprisonment of up to 2 years or a fine of up to 300,000 yen. The election result can also be invalidated.


Precedent: The Shinma Seiji Academic Fraud Case (1992 Upper House Election)

  • A candidate falsely claimed to have studied abroad in the U.S. and graduated from a university.

  • The case went up to the Supreme Court, which ruled that “false academic or career credentials that could influence voters’ judgment are illegal.”

  • The candidate was found guilty, setting a clear precedent that misrepresentation of academic background can violate the law.


Current Case (Ito City Mayor, Maki Takubo)

  • In her election documents, she claimed “Graduated from Toyo University, Faculty of Law”, but it was later revealed she had actually been expelled.

  • The city council and some citizens have filed a criminal complaint, citing Article 235.

  • Takubo denies intentional wrongdoing, arguing she “believed she had graduated.” However, following past precedent, the central question is whether she knowingly made a false statement to win the election.


Conclusion

  • Yes, academic misrepresentation can fall under Article 235 of the Public Offices Election Act.

  • There is clear precedent where false academic or career claims led to a conviction.

  • In the current Ito case, whether the law applies depends on proving the intent to deceive for electoral gain.




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