NCJ Number
130453
Editor(s)
B J George Jr
Date Published
1964
Length
117 pages
Annotation
After an introduction that outlines the history, organization, and contents of Japan's Preparatory Draft for the Revised Penal Code, this book presents the draft's contents.
Abstract
The introduction indicates that this draft is the final draft of the Preparatory Commission for the Revision of the Penal Code, which completed its task in 1961. The instruction further advises that a substantial number of the important changes presented in the draft will ultimately receive legislative approval. The Preparatory Draft as well as the current Penal Code consists of two parts, that dealing primarily with general problems common to all crimes ("General Provisions") and that defining specific crimes and prescribing their punishment ("Specific Crimes"). The General Provisions cover the application of the Penal Code, criminality, attempt, principals and accomplices, punishment, the imposition of punishment, recidivism, accumulative crimes, confiscation, suspended sentences, parole, protective supervision, prescription, extinguishment of sentence, security measures, and periods. Specific Crimes are classified according to the types of interest to be protected from criminal activities into those against the State, those against society, and those against individuals. The introduction notes that the most significant innovations included in the Preparatory Draft concern punishment and other measures designed for the treatment of offenders. The draft emphasizes the correctional and rehabilitative functioning of the criminal law and accordingly embodies augmented provisions relating to penal sanctions compared with the current Penal Code. Various measures for treating offenders are newly introduced, and some existing measures are substantially modified to enable courts and administrative agencies to tailor sentences to individual offenders.