National penalties - death sentence

Japan

Japan - Penal Code 1907 (2020) EN/Japanese

PART I. GENERAL PROVISIONS

Chapter II Punishments

(Categories of Punishments)
Article 9 The principal punishments are categorized as the death penalty, imprisonment, imprisonment without work, fine, penal detention and petty fine, with confiscation as a supplementary punishment.

PART I. GENERAL PROVISIONS

Chapter II Punishments

(Death Penalty)
Article 11 (1) The Death penalty is executed by hanging at a penal institution.
(2) A person who has been sentenced to the death penalty is detained in a jail until their execution.

PART I. GENERAL PROVISIONS

Chapter IX Consolidated Punishments

(Restriction on Cumulative Imposition of Punishments)
Article 46 (1) When a death penalty is rendered for one of the crimes for consolidated punishments, no other punishments except confiscation may be imposed.
(2) When a punishment of life imprisonment or imprisonment without work is to be rendered for one of the crimes for consolidated punishment, no other punishment except a fine, petty fine and confiscation may be imposed.

PART II CRIMES

Chapter III Crimes Related to Foreign Aggression

(Instigation of Foreign Aggression)
Article 81 A person who conspires with a foreign state and thereby causes the state to exercise armed force against Japan is punished by the death penalty.

PART II CRIMES

Chapter XXVI Crimes of Homicide

(Homicide)
Article 199 A person who kills another person is punished by the death penalty or imprisonment for life or for a definite term of not less than 5 years.

Rome Statute

Article 77 Applicable penalties

1. Subject to article 110, the Court may impose one of the following penalties on a person convicted of a crime referred to in article 5 of this Statute:

(a) Imprisonment for a specified number of years, which may not exceed a maximum of 30 years; or

(b) A term of life imprisonment when justified by the extreme gravity of the crime and the individual circumstances of the convicted person.

2. In addition to imprisonment, the Court may order:

(a) A fine under the criteria provided for in the Rules of Procedure and Evidence;

(b) A forfeiture of proceeds, property and assets derived directly or indirectly from that crime, without prejudice to the rights of bona fide third parties.