The 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 .
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 (Articles 1–72), and Part II, Crimes (Articles 73–264). However, not all penal provisions are contained within the Penal Code. Many crimes are defined instead in or .
History The first penal code of a Western style in Japan was what is now referred to as the 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)
+ Part I: General Provisions Chapter Articles covered Classification of provisions Chapter I Articles 1 to 8 Scope of Application Chapter II Articles 9 to 21 Punishments Chapter III Articles 22 to 24 Calculation of the Period of Time Chapter IV Articles 25 to 27-7 Suspended Execution of Sentence Chapter V Articles 28 to 30 Parole Chapter VI Articles 31 to 34-2 Prescription and Extinction of Punishment Chapter VII Articles 35 to 42 Actions not Constituting Crimes and Reduction or Remission of Punishment Chapter VIII Articles 43 and 44 Attempts Chapter IX Articles 45 to 54 Consolidated Punishments Chapter X Articles 56 to 59 Repeated Convictions Chapter XI Articles 60 to 65 Complicity Chapter XII Articles 66 and 67 Reduction of Punishment in Light of Extenuating Circumstances Chapter XIII Articles 68 to 72 Rules for Aggravation and Reduction
Structure (Part II)
+ Part II: Crimes Chapter Articles covered Classification of offences Chapter I 73 through 76 Deleted Chapter II 77 through 80 Crimes Related to Insurrection Chapter III 81 through 88 Crimes Related to Foreign Aggression Chapter IV 92 through 94 Crimes Concerning Diplomatic Relations Chapter V 95 through 96-6 Crimes of Obstructing the Performance of Public Duty
See also Crime in Japan Criminal justice system of Japan
References
External links Japanese Law Translation - Penal Code - Japanese Ministry of Justice
Notes