Statute of limitations - national proceedings

Japan

Japan - Code of Criminal Procedure Part I, II 1948 (2019) EN/Japanese

Part II First Instance

Chapter II Prosecution

Article 250
(1) The statute of limitations is completed upon the lapse of the following time periods with regard to crimes causing the death of a person and punishable with imprisonment without work or a greater punishment (except for those punishable by the death penalty):
(i) 30 years for crimes punishable with life imprisonment or life imprisonment without work;
(ii) 20 years for crimes punishable with imprisonment or imprisonment without work whose maximum term is 20 years;
(iii) 10 years for crimes other than the crimes provided for in the preceding two items.
(2) The statute of limitations is completed upon the lapse of the following time periods with regard to crimes other than crimes causing the death of a person and punishable with imprisonment without work or a greater punishment:
(i) 25 years for offenses punishable by the death penalty;
(ii) 15 years for offenses punishable with life imprisonment or life imprisonment without work;
(iii) 10 years for offenses punishable with imprisonment or imprisonment without work whose maximum term is 15 years or more;
(iv) 7 years for offenses punishable with imprisonment or imprisonment without work whose maximum term is less than 15 years;
(v) 5 years for offenses punishable with imprisonment or imprisonment without work whose maximum term is less than 10 years;
(vi) 3 years for offenses punishable with imprisonment or imprisonment without work whose maximum term is less than 5 years or with a fine;
(vii) 1 year for offenses punishable with penal detention or with a petty fine.

Part II First Instance

Chapter II Prosecution

Article 253
(1) The statute of limitations runs from the time that the criminal act ceased.
(2) Regarding cases of complicity, the statute of limitations, with respect to all accomplices, runs from the time when the final act ceased.

Article 254
(1) The statute of limitations ceases to run on the institution of prosecution against the case concerned, and begins to run when a decision notifying jurisdictional incompetence or dismissing the prosecution has become final and binding.
(2) The suspension of the statute of limitations because of the institution of prosecution against one of the accomplices takes effect against the other accomplices. In this case, the suspended period runs from when the decision on the case has become final and binding.

Rome Statute

Article 29 Non-applicability of statute of limitations

The crimes within the jurisdiction of the Court shall not be subject to any statute of limitations.