in Japanese law is intentionally killing 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. The list of death penalty-permissible aggravating circumstances are if the murder was committed: Along with one or more other murders With torture of the victim During the commission of a kidnapping During the commission of a robbery During the commission of a hostage-taking 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 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. +OffenseDefinitionArticleSentenceCausing death through negligenceNegligently causing the death of anotherArticle 210Fine up to ¥500,000Damage to buildings causing deathDamaging a building or vessel, causing a person's deathArticle 2603 to 5 years in prisonCausing 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 ¥1,000,000Abortion 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 prisonAbandonment 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 prisonUnlawful capture or confinement causing deathUnlawfully capturing or confining another person, causing that person's deathArticle 2213 to 7 years in prisonAbortion 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 prisonInducing 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 prisonAbuse 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 prisonDangerous 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 prisonInjury causing death; manslaughterCausing another person to suffer an injury resulting in deathArticle 205Maximum of life in prison or 30 years in prison (if life in prison is inappropriate) minimum of 5 yearsForcible indecency causing deathThrough assault or intimidation, forcibly committing an indecent act upon a person causing their deathArticle 181Maximum of life in prison or 30 years in prison (if life in prison is inappropriate) minimum of 3 yearsMurderIntentionally killing another person without justificationArticle 199Maximum of life in prison or 30 years in prison (if life in prison is inappropriate) minimum of 5 yearsAggravated murderMurder when an aggravating circumstance is provenArticle 199Death penalty or life imprisonment
See also List of murder laws by country Capital punishment in Japan Life imprisonment in Japan
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