NCJ Number
43806
Date Published
1977
Length
13 pages
Annotation
THE LEGISLATIVE PROCESS IN JAPAN IS DESCRIBED, AND EFFORTS TO REFORM LAWS RELATING TO THE ADMINISTRATION OF CRIMINAL JUSTICE ARE SUMMARIZED.
Abstract
THE JAPANESE LAWS IN QUESTION INCLUDE THE PENAL CODE OF 1907, THE CODE OF CRIMINAL PROCEDURE OF 1948, THE JUVENILE LAW OF 1948, THE PRISON LAW OF 1908, THE OFFENDERS REHABILITATION LAW OF 1949, AND SUPPLEMENTARY STATUTES. ALTHOUGH PARTIAL AMENDMENTS TO THE PENAL CODE HAVE BEEN ENACTED THROUGH THE YEARS, THE CODE ESSENTIALLY RETAINS ITS ORIGINAL STRUCTURE. REVISION OF THE PENAL CODE WAS SERIOUSLY CONSIDERED PRIOR TO WORLD WAR II. POST-WAR CHANGES IN SOCIAL CONDITIONS AND LEGAL INSTITUTIONS INTENSIFIED THE NEED FOR REFORMS. PROPOSALS FOR REFORM INCORPORATED IN THE FINAL PROPOSED DRAFT OF 1974 COVER EVERY PART OF THE PENAL CODE. THE DRAFT INTRODUCES NEW PROVISIONS RELATING TO SUCH CRIMES AS PHYSICAL VIOLENCE OR INSULT AGAINST FOREIGN OFFICIALS, DISCLOSURE OF OFFICIAL SECRET DOCUMENTS, GROUP RESISTANCE IN PRISON, PREPARATION FOR RIOT, AND OTHERS. THE DRAFT CONTAINS MANY NEW PROVISIONS RELATING TO THE GENERAL PRINCIPLES OF CRIMINALITY (E.G., COMMISSION OF CRIME THROUGH OMISSION, DEFINITION OF INSANITY, PARTICIPATION IN CRIME THROUGH CONSPIRACY). THE DRAFT PLACES PARTICULAR EMPHASIS ON SENTENCING AND TREATMENT OF OFFENDERS, DEALING WITH SUCH ISSUES AS SENTENCING STANDARDS, CAPITAL PUNISHMENT, INDETERMINATE SENTENCES, AND SECURITY MEASURES. THE REVISION OF THE PENAL CODE HAS BECOME A POLITICAL ISSUE IN JAPAN AND HAS ENCOUNTERED OPPOSITION BY LOCAL ASSOCIATIONS OF PRACTICING ATTORNEYS, LEGAL SCHOLARS, PSYCHIATRISTS, THE MASS MEDIA, AND CONSUMER GROUPS. DETAILS OF THE MAIN FEATURES OF THE PROPOSED PENAL CODE REVISION ARE FOLLOWED BY BRIEF SUMMARIES OF REFORMS OF OTHER LAWS.