National penalties - national proceedings

Japan

Japan - Penal Code 1907 (2020) EN/Japanese

PART I. GENERAL PROVISIONS

Chapter II Punishments

(Severity of Punishments)
Article 10 (1) The order of severity of the principal punishments are as according to the order in which they are provided for in the preceding Article; provided, however, that imprisonment without work for life is severer than imprisonment for a definite term, and imprisonment without work for a definite term is severer than imprisonment for a definite term when the maximum term prescribed for the former exceeds the term by twice as much as that prescribed for the latter.
(2) Between punishments of the same type, the punishment prescribed with a higher maximum term or amount is severer; and when the maximum terms or amounts are equal, the punishment prescribed with the higher minimum term or amount is severer.
(3) Between death penalties or punishments of the same type which have equal maximum and minimum terms or amounts, the order of severity is determined in light of the circumstances of the crimes.

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.