Murder in Japanese law explained

in Japanese law constitutes when someone intentionally 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 other 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, requisite articles of the Penal Code, and sentences are listed below.

!Offense!Definition!Article!Sentence
Causing death through negligenceNegligently causing the death of anotherArticle 210Fine up to ¥500,000
Damage to buildings causing deathDamaging a building or vessel, causing a person's deathArticle 2603 to 5 years in prison
Causing death through negligence in the pursuit of social activitiesFailing to exercise due care required in the pursuit of social activities and thereby causing the death of another personArticle 211(1)Up to 5 years in prison; fine of up to ¥1,000,000
Abortion with consent causing deathWhen 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 abortionArticle 2133 months to 5 years in prison
Abandonment causing deathWhen a person abandons another who, by reason of senility, immaturity, physical handicap, or disease, is in need of support, causing that person's deathArticle 2193 to 5 years in prison
Unlawful capture or confinement causing deathUnlawfully capturing or confining another person, causing that person's deathArticle 2213 to 7 years in prison
Abortion through professional conduct causing deathWhen 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 abortionArticle 2146 months to 7 years in prison
Inducing or aiding suicide; consensual homicideInducing or aiding another person's suicide or killing another at the other's request or with the other's consentArticle 2026 months to 7 years in prison
Abuse of authority causing deathWhen a person performing or assisting in judicial, prosecutorial, or police duties abuses their authority and unlawfully captures or confines another, causing the person's deathArticles 194 and 1966 months to 10 years in prison
Dangerous driving causing deathDriving 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 deathArticle 208-2(1) and (2).1 to 15 years in prison
Injury causing death; manslaughterCausing another person to suffer an injury resulting in deathArticle 2053 years or more in prison
Forcible indecency causing deathThrough assault or intimidation, forcibly committing an indecent act upon a person causing their deathArticle 1813 years to life in prison
MurderIntentionally killing another person without justificationArticle 1995 years to life imprisonment
Aggravated murderMurder when an aggravating circumstance is provenArticle 199Death penalty or life imprisonment

See also

Notes and References

  1. Web site: Code of Criminal Procedure . 11 April 2016 . japaneselawtranslation.go.jp.
  2. Web site: 13 September 2018 . LIST OF DEFENDANTS WHO ARE UNDER SENTENCE OF DEATH IN JAPAN . dead . https://web.archive.org/web/20130918045645/http://www.jiadep.org/Chart-DeathRow_files/page481_1.html . 18 September 2013 . Death penalty for a single murder is quite rare..
  3. Web site: To advise lay judges, Supreme Court institute cites death penalty precedents . dead . https://web.archive.org/web/20121020185521/http://www.japantimes.co.jp/text/nn20120725a2.html . 20 October 2012 . 11 April 2016 . japantimes.co.jp.
  4. Web site: PENAL CODE (Japan) . May 4, 2023.
  5. Web site: LIST OF DEFENDANTS WHO ARE UNDER SENTENCE OF DEATH IN JAPAN . dead . https://web.archive.org/web/20181108025610/http://www.jiadep.org/Chart-DeathRow_files/page481_1.html . 8 November 2018 . 9 February 2017.