BIG PENAL CODE REVISIONS
KEYWORDS: GANG RAPE, CRIMINAL CODE, PRISON TERMS

Japan is really on a "get tough" wave. The government looks likely to pass the biggest change to the Penal Code in nearly a century, mostly involving strengthening criminal penalties and lengthening the statute of limitations making it more difficult to escape. A new crime of gang rape will also be introduced with a penalty of 4 years in prison, becoming 6 years if it also results in injury or death. The minimum sentence for murder will be raised from 3 years to 5 years and that for death resulting from injury rising from 1 year to 3 years. Molestation is likely to see its penalties raised from a minimum of 6 months to a maximum of 10 years from 6 months minimum and seven years maximum at present. Prison terms for violent sexual crimes will be raised from 2 years to 3 years. Excluding the death penalty and life imprisonment, the maximum prison term may be raised to 30 years from 20 years. The statute of limitations for serious crimes may be raised from 15 years to 25 years.

In addition, in part of its joining the UN Convention Against Transnational Organized Crime Japan is likely to amend the Law for Punishment of Organized Crimes, Control of Crime Proceeds and Other Matters. This would involve making a crime the participation in the planning stages of international crime. Japan’s present Penal Code holds liable all parties to a crime, even those not actually carrying it out. But the parties can not be charged until after the crime is executed or serious stages, such as acquiring weapons, are completed. The potential new legislation would make criminal the participation in the planning stage of a crime.

Copyright 2005. All rights reserved Attorney Roderick H. Seeman

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