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{{unreferenced|date=March 2017}}
{{Short description|Japanese criminal code}}
{{Expand Japanese|刑法 (日本)|date=January 2017}}
{{Expand Japanese|刑法 (日本)|date=January 2017}}
The '''Penal Code''' (刑法 ''Keihō'') of [[Japan]] was passed in 1907 as Law No. 45. It is one of six Codes that form the foundation of modern [[Japanese law]]. The penal code is also called “ordinary criminal law” or “general criminal law” as it relates to general crimes. Criminal law in the practical sense refers not only to the content of the criminal code, but also to all legal norms that specify the requirements for the consequences of a crime and the content of the penalty as a legal effect imposed on a person. It may also include a law regarding security measures, which is a supplementary system.  
 
The {{Nihongo|'''Penal Code'''|刑法|Keihō}} is a Japanese law that sets out general provisions concerning crimes, as well as the [[Element (criminal law)|elements]] and punishments for the various offenses.<ref name=":0">{{Cite web |title=Penal Code |script-title=ja:刑法 |url=https://www.japaneselawtranslation.go.jp/ja/laws/view/3581 |access-date=2025-09-14 |website=www.japaneselawtranslation.go.jp |publisher=Ministry of Justice}}</ref> 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 {{Nihongo|2=刑法典|3=Keihōten}}.
 
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 (Japan)|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 {{Nihongo|special criminal acts|刑事特別法|keiji tokubetsuhō}} or {{Nihongo|special criminal laws|特別刑法|tokubetsu keihō}}.
 
== History ==
The first penal code of a Western style in Japan was what is now referred to as the {{Nihongo|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 (France)|Penal Code]]. This Code took away judges' power to arbitrarily assign punishments to crimes.<ref>{{Cite journal |last=Meyers |first=Howard |year=1950 |title=Revisions of the Criminal Code of Japan during the Occupation |url=https://core.ac.uk/download/pdf/267977334.pdf |journal=Wash. L. Rev. & St. BJ |volume=25 |issue=104}}</ref>
 
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 [[Occupation of Japan|American occupation]].<ref>{{Cite journal |last=Uematsu |first=Tadashi |year=1964 |title=Trends of the Revision of the Penal Code in Japan |url=https://hermes-ir.lib.hit-u.ac.jp/hermes/ir/re/8251/HJlaw0030000010.pdf |journal=Hitotsubashi JL & Pol. |volume=3 |issue=1}}</ref>


== Structure ==
== Structure ==
The Penal Code of 1907 is subdivided into 2 parts, 50 chapters and comprises 264 articles.
The Penal Code of 1907 is subdivided into 2 parts, 50 chapters and comprises 264 articles.<ref name=":0" />


=== Structure (Part I) ===
=== Structure (Part I) ===
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| Chapter V || 95 through 96-6 || Crimes of Obstructing the Performance of Public Duty
| Chapter V || 95 through 96-6 || Crimes of Obstructing the Performance of Public Duty
|}
|}
== The legal nature of criminal law ==
The criminal law is classified as [[substantive law]] as it defines the contents of crimes and penalties and clarifies the conditions under which a country can carry out a punishment. On the other hand, it is mainly the [[Criminal procedure in Japan|Criminal Procedure Code]] that stipulates how an investigation/trial should actually be carried out when a crime in the Criminal Code is committed. Furthermore, it is the Criminal Treatment Law that defines the method of actually executing a punishment. These fields of law are collectively referred to as "criminal law," but criminal law is positioned as the central law of criminal law.
Also, when the legal system is divided into public law and private law, it is understood that it belongs to public law in Japan.
== Criminal function ==
; Regulatory function
The function that clarifies the evaluation of actions is called the regulatory function. By describing certain acts as crimes, criminalizing those who do such actions by punishing for criminal acts, it helps to keep the general public from committing those acts.
; Protective function (legal protection function)
The function of protecting legal interests and maintaining order in social life by adding sanctions to infringement of certain legal interests (profit that should be protected by law) is called a protective function. Also known as order maintenance function.
; Guarantee function (human rights guarantee function)
The criminal law stipulates certain acts as crimes, and the punishment for them is specified in advance. General citizens are not punished unless they commit a crime, and criminals are punished only within that range. In this way, the function that guarantees the freedom of the general public and those who commit crimes by limiting the use of the state's punishment right is called a [[Guarantee|guarantee function.]] Also called Magna Carta function.
== Criminal code types ==
=== Criminal criminal law ===
The criminal penal code refers to the criminal code relating to the punishment of acts that are thought of as morally wrong and are considered punishable. In Japanese law, in addition to the criminal code, explosives control and punishment for violent acts, etc. belong to the criminal penal code.
=== Administrative criminal law ===
In order to achieve the administrative purpose, the criminal law regarding the punishment of acts that violate administrative laws is called the administrative criminal law. Administrative criminal law has weaker moral elements and stronger administrative elements than criminal criminal law. As it covers all areas of administrative regulations such as tax and economic criminal law, its content is also extensive.
== Table of amendments and revisions ==
(In progress)


==See also==
==See also==
*[[Crime in Japan]]
*[[Crime in Japan]]
*[[Criminal justice system of Japan]]
*[[Criminal justice system of Japan]]
== References ==
{{Reflist}}


== External links ==
== External links ==
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[[Category:Criminal codes|Japan]]
[[Category:Criminal codes|Japan]]
[[Category:Japanese criminal law]]
[[Category:Japanese criminal law]]
{{Japan-law-stub}}

Latest revision as of 18:07, 24 October 2025

Template:Short description Template:Expand Japanese

The Script error: No such module "Nihongo". 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 Script error: No such module "Nihongo"..

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 Script error: No such module "Nihongo". or Script error: No such module "Nihongo"..

History

The first penal code of a Western style in Japan was what is now referred to as the Script error: No such module "Nihongo". 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

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

Structure (Part I)

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 54Template:Efn 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)

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

See also

References

<templatestyles src="Reflist/styles.css" />

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  2. ↑ Script error: No such module "Citation/CS1".
  3. ↑ Script error: No such module "Citation/CS1".

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External links

Notes

Template:Notelist

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