NCJ Number
86135
Date Published
1981
Length
14 pages
Annotation
This overview of Japan's civil law criminal justice system discusses substantive criminal law, criminal procedure, and execution of penal measures (corrections).
Abstract
Like almost all European countries, in Japan only statutory law, neither custom nor judicial decisions, is the source of criminal law. In practice, however, judicial decisions play an important role in the legal system. Although their primary purpose is to decide cases, the principles behind the decisions create precedents for future cases with identical or similar facts. Supreme Court decisions are binding over ensuing decisions, including those of lower courts; yet they are not recognized as a source of law. Under the Penal Code, the age of criminal responsibility is 14, and the criminal responsibility of corporations is rejected. The importance of the mental element of crimes is recognized, and insanity is recognized as a defense, along with self-defense and averting imminent dire necessity. There are a variety of penal measures at the judge's disposal to leave ample room for judicial discretion. The current Code of Penal Procedure declares that the purpose of criminal procedure is to clarify the facts in criminal cases and implement criminal laws fairly and speedily. Criminal proceedings consist of investigation, prosecution, trial, appeal, and extraordinary remedies. The Constitution has detailed provisions for defendants' rights. Offenders are assigned to suitable penal institutions in accordance with classification procedures, and specific treatment programs are provided for each inmate according to classification decisions.