Since 2000, 118 prisoners have been executed in Japan, most recently Tomohiro Katō, the perpetrator of the 2008 Akihabara massacre, executed on July 26, 2022. [3] Currently, 106 prisoners on death row are awaiting execution. [4] Support for the death penalty has always been high among the Japanese public. In 2020, a survey conducted by the Cabinet Office found that more than 80% of them support the retention of the death penalty in Japan. [5] All of this helps explain why Japan`s criminal justice system focuses on arrest, remorse, apology, and rehabilitation, rather than adequate punishment as a deterrent to crime. Only in this context can we begin to understand the prohibition of the presence of a lawyer during interrogations. During the following Kamakura period, the death penalty was widespread and methods of execution became increasingly harsh and included burning, cooking and crucifixion, among others. During the Muromachi period, even harsher methods of execution were used, such as crucifixion in reverse, skewer with a spear, sawing and dismemberment with oxen or carts. Even minor offences could be punished by death, and family members and even neighbours could be punished with the perpetrator. Japan has a civilian legal system; Therefore, appellate courts hear both the facts and the law. High courts hear cases with only three judges and no lay judges and can either reduce a death sentence to life imprisonment or increase the life sentence to death. Ultimately, a small five-member chamber of the Supreme Court has the final say on the sentence, Article 411 of the Code of Criminal Procedure allows it to send the case back to pre-trial detention or change the sentence if the sentence handed down by the Supreme Court is “grossly unjust.” [10] Japan`s first encounter with the Western world took place in the sixteenth century, in the age of navigation, but it was not until the second half of the nineteenth century – after the arrival of Commodore Matthew Perry`s ships in 1853 – that Western ideas and systems began to enter Japan. With the Meiji Restoration of 1868, Japan rushed to transform itself from a semi-feudal society into a modern nation-state.
In doing so, he quickly established a Western-style national assembly, legal code and judicial system. Japanese authorities aggressively pursue drug traffickers using sophisticated reconnaissance equipment, “sniffer dogs” and other methods. Penalties for possession, use or trafficking of illicit drugs, including marijuana and synthetic drugs, are severe, and convicted offenders can face lengthy jail terms and fines. These sanctions are a court order. If you are able to close your case after receiving a non-prosecution decision, you will not receive any penalty. If necessary, the lawyer will provide an interpreter. The Japanese government usually covers the costs of a court-appointed lawyer and court interpreter, but this is at the discretion of the judge. You may be held liable for legal costs. Private lawyers usually include interpretation costs in their legal fees. You should discuss with your lawyer what fees you may be charged. Proponents say the death penalty is justified and only for those who have committed the most extreme crimes – a single murder is not considered a death sentence unless there are additional aggravating circumstances such as rape or robbery. During the 1956 debate, the Japanese serial killer Genzo Kurita, who dealt with rape and necrophilia, was cited by Parliament as an example of a murderer whose crimes were cruel enough to merit death.
[26] However, it is the rarity of extreme crimes in Japanese society rather than the authorities` reluctance to carry out executions that has resulted in so few executions. [22] At the same time, it would be a mistake to conclude from this description that the system as a whole is simply lax on crime. Those convicted of the most serious crimes must indeed be punished very severely – including the death penalty – especially if they show no remorse. And since these are the cases that attract the most media attention, the public is largely unaware of how lenient the system is towards the typical author. The death penalty is a legal penalty in Japan. It is only used in practice for aggravated murder, although it is also a legal punishment for certain crimes against the state, such as treason and military insubordination, as well as kidnapping resulting in death. Executions are carried out by long hanging and take place in one of seven execution chambers located in the country`s major cities. The Human Rights Documentation Centre argues that the imposition of death sentences by the Ministry of Justice may be politically motivated. In 1997, Norio Nagayama, a prisoner who had committed the first of several murders as a minor, was executed during the sentencing phase of “Sakakibara Seito” for the child murders in Kobe, which also led to a high-profile trial for the murder of minors – an attempt to show, according to the South Asia Human Rights Documentation Centre, that minors can be punished the harshestly. [12] According to the New York Times, it was claimed that the execution of Tsutomu Miyazaki after the Akihabara massacre was a similar case. [35] Formally, therefore, Japan`s criminal justice system closely resembles the continental model. The differences stem from clearly Japanese procedures and practices, many of which stem from deep-rooted notions of crime and punishment.
They are subject to local laws. If you break local laws, even without knowing it, you can be arrested, detained or deported. If you are arrested in Japan, even for a minor offense, you may be held without bail for several months or more during the investigation and trial. Information on the Japanese judicial system is available on the website of the Japan Federation of Bar Associations. On the other hand, Japan`s emphasis on prevention, rehabilitation and reintegration has received high marks in a number of Western studies, including that of jurist Daniel Foote (formerly University of Tokyo). (*2) The different types of penalties for committing a crime in Japan are presented above, from the lightest to the most severe. These penalties are minor fines, imprisonment, fines, imprisonment, imprisonment and the death penalty. In practice, imprisonment is rarely imposed as a punishment.
For most of its history, Japan has been significantly influenced by its neighbor China, including the judicial system. Some aspects of traditional Chinese law began to take hold in Japan around the 4th century, and the nation gradually introduced a system of different punishments for various crimes, with Japanese officials imposing the death penalty. However, from the Nara period, the death penalty was rarely used, probably due to the influence of Buddhist teachings, and the death penalty was completely abolished in the Heian period. The death penalty was not used for 346 years after the execution of Fujiwara no Nakanari in 810, until it was reinstated during the Hōgen Rebellion in 1156. [6] Possession of a weapon or ammunition is a crime in Japan. Possession of a knife with a locking blade or folding blade larger than 5.5 cm (just over two inches) is illegal in Japan. U.S. citizens and U.S. military personnel have been arrested and detained for more than 10 days for carrying pocket knives, which are legal in the U.S. but illegal in Japan. Possession of lock picking tools is illegal in Japan. Yes, you will.
The offense is on your Japanese criminal record, which employers can also demand in other countries. All of the penalties listed above, even minor fines, will result in a criminal record. The same applies if summary proceedings for a relatively minor crime take place or if proceedings are instituted and a fine is imposed. In order to avoid a criminal record, it is necessary to obtain the judge`s decision not to prosecute or to obtain an acquittal. As to the difference between detention and imprisonment; Imprisonment and imprisonment are penalties in which the offender is imprisoned. Imprisonment refers to solitary confinement, and incarceration refers to working during the day while in custody. However, persons in detention may also work if they wish. More than 80% of prisoners sentenced to prison work voluntarily in prison. Two men from Osaka and Fukui prefectures were fined 9,000 yen each for insulting TV personality Kimura before his death, but some expressed concern that the sentences were too low, leading to pressure on changes to the law. Ghosn is hardly a figurehead for the wrongly accused.
My intention here, however, is not to condemn or defend his conduct, but to condemn or defend his case and the criticism it has provoked as a springboard for a more holistic assessment of Japan`s criminal justice system – including its merits and shortcomings – with a focus on underlying attitudes toward crime and sentencing.