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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.
In the Empire of Japan, the criminal investigation was presided over by prosecutors, like the Ministère public does in French law. Then, with the 1947 Police Law and 1948 Code of Criminal Procedure, the responsibility of investigations has been defined as
Code of Criminal Procedure (1954) ... and thus it came to be called the roppō or "six codes". [2] Legislation in Japan tends to be terse. The statutory volume ...
Preparatory procedures for bringing a suspect to trial. Procedure in criminal prosecutions is uniform throughout Japan, and based primarily on the 1948 Code of Criminal Procedure and the 1949 Rules of Criminal Procedure under the Constitutional Law, reflecting Anglo-American legal concepts in contexts important to the protection of human rights.
The penal system of Japan (including prisons) is part of the criminal justice system of Japan. It is intended to resocialize , reform , rehabilitate and punish offenders. The penal system is operated by the Correction Bureau of the Ministry of Justice .
According to Article 475 of the Japanese Code of Criminal Procedure, the death penalty must be executed within six months after the failure of the prisoner's final appeal upon an order from the Minister of Justice. However, the period requesting retrial or pardon is exempt from this regulation.
The crime of murder is specified in Chapter XXVI of the Japanese criminal code. It is punishable by five years to life in prison, and with the death penalty if aggravating circumstances are proven. The only exception is for juvenile offenders since the minimum age for capital punishment in Japan is 18.
Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or incarcerated , and results in the conviction or acquittal of the defendant .