The death penalty or capital punishment is a legal penalty in Japan. It is practically applied only for murder, and executions are carried out by hanging. Death sentences are usually imposed in cases of multiple murders, although some single murderers have also been hanged if their crime was severe.
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When did the death penalty arise in Japan?
From around the 4th century, Japan became increasingly influenced by the Chinese judicial system and gradually adopted a system of different punishments for different crimes, including the death penalty.
However, starting in the Nara period, cruel punishments and the death penalty became less common, likely as a result of Buddhist influence, and the death penalty was abolished in the Heian period. The death penalty was not used for the next 300 years, until the Genpei War.
During the Kamakura period, capital punishment was widely used, and execution methods became increasingly cruel, including burning, boiling, and crucifixion, among many others.
During the Muromachi period, even more severe execution methods came into use, such as upside-down crucifixion, impalement by spear, sawing, and dismemberment with oxen or carts.
These harsh methods and the liberal use of the death penalty continued throughout the Edo period and into the early Meiji period, but due to the influence of Confucianism, offenses against masters and elders were increasingly punished more harshly than offenses against those of lower class.
In 1871, as a result of a major reform of the penal code, the number of crimes punishable by death was reduced, and excessively cruel torture and flogging were abolished.
Criteria for the death penalty in Japan
Although technically not a precedent, this guideline has been followed by all subsequent capital cases in Japan. The nine criteria are as follows:
- Degree of wickedness;
- Reason;
- How the crime was committed; especially the manner in which the victim was killed;
- Outcome of the crime; especially the number of victims;
- Feelings of the victim’s family members;
- Impact of the crime on Japanese society;
- The age of the defendant (in Japan, the age of majority is from 20 years);
- Previous criminal history of the defendant;
- Degree of remorse shown by the defendant;
Execution process in Japan
The execution order is signed by the Minister of Justice after internal consultations within the Ministry of Justice. Once the final approval is signed, the execution will take place within five days. By statute, the execution cannot occur on a national holiday, Saturday, Sunday, or between December 31 and January 2.
The death penalty is carried out by hanging in an execution chamber within the detention center. When an execution order has been issued, the condemned prisoner is informed on the morning of their execution. The condemned are given the choice of a last meal.
The family and legal representatives of the prisoner, as well as the general public, are only informed afterward. Since December 7, 2007, authorities have released the names, the nature of the crime, and the ages of executed prisoners.
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