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Penal Code of Japan

From Wikipedia, the free encyclopedia

The Penal Code (刑法, Keihō) is a Japanese law that sets out general provisions concerning crimes, as well as the elements and punishments for the various offenses.[1] 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 Keihōten (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 (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 special criminal acts (刑事特別法, keiji tokubetsuhō) or special criminal laws (特別刑法, tokubetsu keihō).

History

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The first penal code of a Western style in Japan was what is now referred to as the Old Penal Code (旧・刑法, Kyū Keihō) 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.[2]

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.[3]

Structure

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The Penal Code of 1907 is subdivided into 2 parts, 50 chapters and comprises 264 articles.[1]

Structure (Part I)

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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 [sic] Constituting Crimes and Reduction or Remission of Punishment
Chapter VIII Articles 43 and 44 Attempts
Chapter IX Articles 45 to 54[a] 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)

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Part II: Crimes
Chapter Articles covered Classification of offences
Chapter I 73 through 76 Deleted[b]
Chapter II 77 through 80 Crimes Related to Insurrection
Chapter III 81 through 88 Crimes Related to Foreign Aggression
Chapter IV 92 through 94[c] Crimes Concerning Diplomatic Relations
Chapter V 95 through 96-6 Crimes of Obstructing the Performance of Public Duty

See also

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References

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  1. ^ a b "Penal Code" 刑法. www.japaneselawtranslation.go.jp. Ministry of Justice. Retrieved 2025-09-14.
  2. ^ Meyers, Howard (1950). "Revisions of the Criminal Code of Japan during the Occupation" (PDF). Wash. L. Rev. & St. BJ. 25 (104).
  3. ^ Uematsu, Tadashi (1964). "Trends of the Revision of the Penal Code in Japan" (PDF). Hitotsubashi JL & Pol. 3 (1).
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Notes

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  1. ^ Article 55 has been deleted.
  2. ^ Articles 73 through 76 previously related to crimes against the Imperial family. Article 73 related to high treason, Article 74 related to lese-majeste against the Emperor, Article 75 related to lese-majeste against the Imperial Shrine, and Article 76 related to lese-majeste against the Imperial Family. All these articles were deleted in 1947.
  3. ^ Articles 89 through 91 have been deleted.
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