Murder in Japanese law

Murder (殺人) in Japanese law constitutes when someone kills another person without justification.

The crime of murder is specified in Chapter XXVI of the Japanese criminal code. It is punishable by five years to life in prison, and with the death penalty if aggravating circumstances are proven. The only exception is for juvenile offenders since the minimum age for capital punishment in Japan is 18.

Aggravated murder

The death penalty is permissible when aggravating circumstances are decided to be proven by a nine-person panel of six jurors and three professional judges.[1] The list of death penalty-permissible aggravating circumstances are if the murder was committed:[2][3][4]

If not given the death penalty, aggravated murder is punished by life imprisonment.

Insanity

Like most developed countries, Japan has a process for insanity pleas in homicide cases. If a defendant is found not guilty of murder by reason of insanity, the defendant is committed to legally mandated hospitalization.

Offenses and sentences

Japanese law specifies a variety of homicide offenses, for which the definitions and sentences are listed below.[4]

Offense Definition Sentence
Causing death through negligence Same as offense name Fine up to ¥500,000[lower-alpha 1]
Damage to buildings causing death Damaging a building or vessel, causing a person's death 3 to 5 years in prison
Causing death through negligence in the pursuit of social activities Failing to exercise due care required in the pursuit of social activities and thereby causing the death of another person Up to 5 years in prison; fine of up to ¥1,000,000[lower-alpha 2]
Abortion with consent causing death When a person, at the request of a woman or with her consent, causes the death of the woman during the commission of a non-professional abortion 3 months to 5 years in prison
Abandonment causing death When a person abandons another who, by reason of senility, immaturity, physical handicap, or disease, is in need of support, causing that person's death 3 to 5 years in prison
Unlawful capture or confinement causing death Unlawfully capturing or confining another person, causing that person's death 3 to 7 years in prison
Abortion through professional conduct causing death When a physician, midwife, pharmacist, or pharmaceuticals distributor, at the request of a woman or with her consent, causes the death of a woman during the commission of a professional abortion 6 months to 7 years in prison
Inducing or aiding suicide; consensual homicide Inducing or aiding another person's suicide or killing another at the other's request or with the other's consent 6 months to 7 years in prison
Abuse of authority causing death When a person performing or assisting in judicial, prosecutorial, or police duties abuses their authority and unlawfully captures or confines another, causing the person's death 6 months to 10 years in prison
Dangerous driving causing death Driving a vehicle with four or more wheels under the influence of alcohol or drugs, which make it difficult for a person to drive safely, causing a person's death 1 to 15 years in prison
Injury causing death; manslaughter Causes another person to suffer an injury resulting in death 3 years or more in prison[lower-alpha 3]
Forcible indecency causing death Through assault or intimidation, forcibly committing an indecent act upon a person causing their death 3 years to life in prison
Murder Killing another person without justification 5 years to life imprisonment
Aggravated murder Murder when an aggravating circumstance is proven Death penalty or life imprisonment

See also

Notes
  1. US$3,700
  2. US$7,400
  3. Manslaughter in Japan has a de facto maximum sentence of life in prison since no maximum is specified in the criminal code, though there are seldom cases of this occurring.

References
  1. "Code of Criminal Procedure". japaneselawtranslation.go.jp. Retrieved 11 April 2016.
  2. "LIST OF DEFENDANTS WHO ARE UNDER SENTENCE OF DEATH IN JAPAN". 13 September 2018. Archived from the original on 18 September 2013. Death penalty for a single murder is quite rare.
  3. "To advise lay judges, Supreme Court institute cites death penalty precedents". japantimes.co.jp. Archived from the original on 20 October 2012. Retrieved 11 April 2016.
  4. "PENAL CODE (Japan)" (PDF). Retrieved 4 May 2023.
  5. "LIST OF DEFENDANTS WHO ARE UNDER SENTENCE OF DEATH IN JAPAN". Archived from the original on 8 November 2018. Retrieved 9 February 2017.
This article is issued from Wikipedia. The text is licensed under Creative Commons - Attribution - Sharealike. Additional terms may apply for the media files.