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Murder in Japanese law

Murder (殺人, satsujin) in Japanese law constitutes when someone intentionally kills another person without justification.

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.

Aggravated murder

The death penalty is permissible when aggravating circumstances are decided to be proven by a nine-person panel of six jurors and three professional judges. The list of death penalty-permissible aggravating circumstances are if the murder was committed:

Along with one or more other murders
With torture of the victim
During the commission of a kidnapping
During the commission of a robbery
During the commission of a hostage-taking
During an act of insurrection
During an act of treason
During an act of espionage
During an act of arson
During the commission of an intentional derailment of a train or sinking of a ship
During the commission of intentional water poisoning
During an act of rape
During the commission of an aircraft hijacking
During the commission of an intentionally caused aircraft crash

If not given the death penalty, aggravated murder is punished by life imprisonment.

Insanity

Like most other developed countries, Japan has a process for insanity pleas in homicide cases. If a defendant is found not guilty of murder by reason of insanity, the defendant is committed to legally mandated hospitalization.

Offenses and sentences

Japanese law specifies a variety of homicide offenses, for which the definitions, requisite articles of the Penal Code, and sentences are listed below.