Murder in Japanese law
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Murder (殺人, satsujin) 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
[edit]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]
- Along with one or more other murders[2][3]
- With torture of the victim[2][3]
- During the commission of a kidnapping
- During the commission of a robbery[5]
- During the commission of a hostage-taking[2][3]
- During an act of insurrection
- During an act of treason
- During an act of espionage
- During an act of arson
- During the commission of an intentional derailment of a train or sinking of a ship
- During the commission of intentional water poisoning
- During an act of rape
- During the commission of an aircraft hijacking
- During the commission of an intentionally caused aircraft crash
If not given the death penalty, aggravated murder is punished by life imprisonment.
Insanity
[edit]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
[edit]Japanese law specifies a variety of homicide offenses, for which the definitions, requisite articles of the Penal Code, and sentences are listed below.[4]
| Offense | Definition | Article | Sentence |
|---|---|---|---|
| Causing death through negligence | Negligently causing the death of another | Article 210 | Fine up to ¥500,000[a] |
| Damage to buildings causing death | Damaging a building or vessel, causing a person's death | Article 260 | 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 | Article 211(1) | Up to 5 years in prison; fine of up to ¥1,000,000[b] |
| 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 | Article 213 | 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 | Article 219 | 3 to 5 years in prison |
| Unlawful capture or confinement causing death | Unlawfully capturing or confining another person, causing that person's death | Article 221 | 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 | Article 214 | 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 | Article 202 | 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 | Articles 194 and 196 | 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 | Article 208-2(1) and (2). | 1 to 15 years in prison |
| Injury causing death; manslaughter | Causing another person to suffer an injury resulting in death | Article 205 | 3 years or more in prison[c] |
| Forcible indecency causing death | Through assault or intimidation, forcibly committing an indecent act upon a person causing their death | Article 181 | 3 years to life in prison |
| Murder | Intentionally killing another person without justification | Article 199 | 5 years to life imprisonment |
| Aggravated murder | Murder when an aggravating circumstance is proven | Article 199 | Death penalty or life imprisonment |
See also
[edit]Notes
[edit]References
[edit]- ^ "Code of Criminal Procedure". japaneselawtranslation.go.jp. Retrieved 11 April 2016.
- ^ a b c d "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.
- ^ a b c d "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.
- ^ a b "PENAL CODE (Japan)" (PDF). Retrieved 4 May 2023.
- ^ "LIST OF DEFENDANTS WHO ARE UNDER SENTENCE OF DEATH IN JAPAN". Archived from the original on 8 November 2018. Retrieved 9 February 2017.