Individual criminal responsibility

Japan

Japan - Penal Code 1907 (2020) EN/Japanese

PART I. GENERAL PROVISIONS

Chapter VII Actions not Constituting Crimes and Reduction or Remission of Punishment

(Self-Denunciation)
Article 42 (1) The punishment of a person who committed a crime and self- denounces themselves before being discovered as a suspect by an investigative authority may be reduced.
(2) The preceding paragraph also applies With respect to a crime which cannot be prosecuted without a criminal complaint, and to a person who surrendered themselves to a person who has a right to make the criminal complaint.

PART I. GENERAL PROVISIONS

Chapter VIII Attempts

(Reduction or Exculpation of Punishments for Attempts)
Article 43 The punishment of a person who commences a crime without completing it may be reduced; provided, however, that voluntary abandonment of commission of the crime, leads to the punishment being reduced or the offender being exculpated.

(Attempts)
Article 44 An attempt is punishable only when specifically so provided in the article concerned.

PART I. GENERAL PROVISIONS

Chapter XI Complicity

(Co-Principals)
Article 60 Two or more persons who commit a crime in joint action are all principals.

PART I. GENERAL PROVISIONS

Chapter XI Complicity

(Accessoryship)
Article 62 (1) A person who aids the principal offender is an accessory.
(2) A person who induced an accessory is dealt with in sentencing as an accessory.

Rome Statute

Article 25 Individual criminal responsibility

1. The Court shall have jurisdiction over natural persons pursuant to this Statute.

2. A person who commits a crime within the jurisdiction of the Court shall be individually responsible and liable for punishment in accordance with this Statute.

3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:

(a) Commits such a crime, whether as an individual, jointly with another or through another person, regardless of whether that other person is criminally responsible;

(b) Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted;

(c) For the purpose of facilitating the commission of such a crime, aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for its commission;

(d) In any other way contributes to the commission or attempted commission of such a crime by a group of persons acting with a common purpose. Such contribution shall be intentional and shall either:

(i) Be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of a crime within the jurisdiction of the Court; or

(ii) Be made in the knowledge of the intention of the group to commit the crime;

(e) In respect of the crime of genocide, directly and publicly incites others to commit genocide;

(f) Attempts to commit such a crime by taking action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person's intentions. However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose.

3 bis. In respect of the crime of aggression, the provisions of this article shall apply only to persons in a position effectively to exercise control over or to direct the political or military action of a State.

4. No provision in this Statute relating to individual criminal responsibility shall affect the responsibility of States under international law.