Penal Code of Japan


The Penal Code is a Japanese law that sets out general provisions concerning crimes, as well as the elements and punishments for the various offenses. It is a foundational statute of Japanese law and one of Japan’s Six Codes. To distinguish it from the general term keihō it may also be referred to as 2=刑法典.
It was promulgated on April 24, 1907 and came into force on October 1, 1908. The competent government agencies are the Criminal Affairs Division and the Director of the Legislative Affairs Division within the Criminal Affairs Bureau of the Ministry of Justice.
The current Penal Code consists of two parts: Part I, General Provisions, and Part II, Crimes. However, not all penal provisions are contained within the Penal Code. Many crimes are defined instead in special criminal acts or special criminal laws.

History

The first penal code of a Western style in Japan was what is now referred to as the Old Penal Code which was promulgated in July 1880 and came into effect on January 1, 1882. French legal scholar Gustave Boissonade was employed by the Japanese government to draft this Code, which resulted in heavy influence from the French Penal Code. This Code took away judges' power to arbitrarily assign punishments to crimes.
This was replaced with the current Penal Code in 1908 which showed influence from the German model. It saw some amendments during World War II and further, more extensive amendments during the American occupation.

Structure

The Penal Code of 1907 is subdivided into 2 parts, 50 chapters and comprises 264 articles.

Structure (Part I)

ChapterArticles coveredClassification of provisions
Chapter IArticles 1 to 8Scope of Application
Chapter IIArticles 9 to 21Punishments
Chapter IIIArticles 22 to 24Calculation of the Period of Time
Chapter IVArticles 25 to 27-7Suspended Execution of Sentence
Chapter VArticles 28 to 30Parole
Chapter VIArticles 31 to 34-2Prescription and Extinction of Punishment
Chapter VIIArticles 35 to 42Actions not Constituting Crimes and Reduction or Remission of Punishment
Chapter VIIIArticles 43 and 44Attempts
Chapter IXArticles 45 to 54Consolidated Punishments
Chapter XArticles 56 to 59Repeated Convictions
Chapter XIArticles 60 to 65Complicity
Chapter XIIArticles 66 and 67Reduction of Punishment in Light of Extenuating Circumstances
Chapter XIIIArticles 68 to 72Rules for Aggravation and Reduction

Structure (Part II)

ChapterArticles coveredClassification of offences
Chapter I73 through 76Deleted
Chapter II77 through 80Crimes Related to Insurrection
Chapter III81 through 88Crimes Related to Foreign Aggression
Chapter IV92 through 94Crimes Concerning Diplomatic Relations
Chapter V95 through 96-6Crimes of Obstructing the Performance of Public Duty