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Topic: Criminal Code of Japan


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In the News (Sun 20 Dec 09)

  
  Japanese law - Wikipedia, the free encyclopedia
Japan has a death penalty that can be invoked by the Minister of Justice for murder, arson, and crimes against humanity.
Japan has been criticized for giving lenient punishments for some crimes, most notably rape (which carries a typical sentence of 2 - 5 years in prison, and a theoretical maximum of fifteen).
Law schools have emerged in Japan in the last few years, and the LRTI admissions process will be altered from 2006 so that only law school graduates, or graduates in other fields who complete a preliminary examination, will be allowed to take the exam.
www.wikipedia.org /wiki/Japanese_law   (1369 words)

  
 Japanese law - Encyclopedia, History, Geography and Biography   (Site not responding. Last check: 2007-11-04)
Japan is often said to have dramatically fewer lawyers than other countries such as the United States; however, the total proportion of legal specialists in both countries is about the same.
In a criminal case, the accused faces the judges from the rear of the courtroom.
Juries have not been used in Japan since 1943, although pending legislation (as of March 2004) in the Diet of Japan seeks to form special judiciary panels for serious criminal cases, which would include randomly-selected citizens.
www.arikah.net /encyclopedia/Japanese_law   (1573 words)

  
 Application under s. 83.28 of the Criminal Code (Re), 2004 SCC 42 (CanLII)
Criminal law -- Terrorism -- Investigative hearings -- Independence of Crown -- Criminal Code amended to provide for investigative hearings for purposes of gathering information on terrorism offences -- Whether independence of Crown counsel compromised by judicial investigative hearing process -- Criminal Code, R.S.C. 1985, c.
83.28 of the Criminal Code, which is one of the new provisions added to the Code as a result of the enactment of the Anti-terrorism Act in 2001.
122 The Criminal Code affords the Crown many advantages in a criminal proceeding but where, as here, the Crown chooses to proceed by direct indictment, a free-standing right to compel reluctant witnesses to answer questions under oath before they are called to give their evidence in open court is not amongst them.
www.canlii.org /ca/cas/scc/2004/2004scc42.html   (15508 words)

  
 [No title]
Procedure in criminal prosecutions is uniform throughout Japan, and based primarily on the 1948 Code of Criminal Procedure and the 1949 Rules of Criminal Procedure under the Constitutional Law, reflecting Anglo-American legal concepts in contexts important to the protection of human rights.
Summary courts are located in cities, towns and villages and have original jurisdiction in criminal cases involving offenses punishable by a fine or lesser punishment, and other minor offenses such as theft of bicycles.
In principle, treatment in Japan is based on rehabilitation of offenders, with the objective of individualized treatment of offenders to correct their criminal inclination and secure their reintegration into the community where they will live.
www.ojp.usdoj.gov /bjs/pub/ascii/wfbcjjap.txt   (4651 words)

  
 SignOnSanDiego.com > News > World -- Tojo's granddaughter says Japan war PM no criminal
The days after Japan's defeat were bewildering for Yuko: she didn't understand why she was ostracised by classmates on the school playground, or why neighbor's children whose parents had died in the war came after her with sticks and stones.
Yuko upheld the family code of silence about her grandfather until the early 1990s, when the release of new records of the words of the late Emperor Hirohito that showed him expressing deep trust in Tojo made her feel times had changed.
A memoir about her family was followed by TV appearances and other media interviews, all an attempt to raise interest in what she calls the true history of her grandfather and the war.
www.signonsandiego.com /news/world/20050728-0111-japan-war-tojo.html   (800 words)

  
 SEELINE - Criminal Code: Macedonia   (Site not responding. Last check: 2007-11-04)
ESE proposes that a new Article 125a criminalizes murder done in domestic violence case when the woman, as a result of a long-lasting violence against her, would carry out murder, which would have a meaning of a just qualification of the act, rightful judgment for the criminal responsibility i.e.
The Criminal Code marginally treats (or does not treat at all) the consequences of the psychological violence which is present in every form of violence.
However, the criminal procedure of this crime is initiated by a private complaint, as opposite to other types of rape where the perpetrators are other persons (not the spouse) where the criminal procedure is initiated officially.
www.seeline-project.net /CCR/MacedoniaCCR.htm   (7719 words)

  
 Tuesday, September 11, 2001
The criminal justice system is riddled with alleged human- rights abuses, and the case of Woodland, who goes on trial Tuesday, draws attention to these issues, said Seigo Fujiwara, vice president of the Japan Federation of Bar Associations.
Criminal laws also provide that a suspect may be detained if there is sufficient reason to believe he may destroy evidence.
Japan’s Constitution does not compel criminal suspects to make a self-incriminating confession, yet about 90 percent of all criminal cases going to trial include confessions, says a 1998 U.S. State Department report on human rights in Japan.
ww2.pstripes.osd.mil /01/sep01/ed091101b.html   (975 words)

  
 Japan Policy & Politics: Supreme Court rules probe procedure as constitutional
TOKYO, March 24 Kyodo The Supreme Court on Wednesday ruled as constitutional a rule in Japan's Code of Criminal Procedure allowing public prosecutors to restrict the right of a suspect under detention to be interviewed by his lawyer if their investigation requires it.
In a unanimous vote by 15 members of the grand bench, the court decided that the conditional restriction by prosecutors and police of the suspect's right to an interview and visit by his lawyer does not affect constitutional guarantees of his right to a lawyer.
The Japan Federation of Bar Associations is providing legal assistance in a total of 36 cases, seven of which are awaiting decision at the Supreme Court.
www.findarticles.com /p/articles/mi_m0XPQ/is_1999_March_29/ai_54388786   (533 words)

  
 Aljazeera.Net - Japan's youth crime sparks media panic   (Site not responding. Last check: 2007-11-04)
A schoolboy's confession to murder has kindled fears of a youth crime wave in Japan with the government forming a special committee to tackle the issue, but experts believe the media may be exaggerating the problem.
Public worries that the nation's youth are out of control were heightened by the recent killing of a four-year-old infant by a 12-year-old boy in the southern city of Nagasaki, the latest in a list of high-profile juvenile crimes.
In fact, Japan's annual rate of juvenile arrests for murder is far lower than in the 1960s and has been stable in a range of roughly 80-120 for three decades.
english.aljazeera.net /NR/exeres/FC4D1722-4A61-4D42-BDD9-AB9C1AF2C85E.htm   (330 words)

  
 Lester W. Kiss, Reviving The Criminal Jury In Japan, 62 Law & Contemp. Probs. 261 (Spring 1999)   (Site not responding. Last check: 2007-11-04)
Because the sentence of a convicted criminal was usually mitigated upon appeal, criminal defense attorneys understandably would encourage their defendants to preserve the right to this appeal, even if it meant waiving the right to jury trial.
Unlike judges, laymen have no connection to the criminal justice system other than the fact that they are serving as jurors and therefore lack incentive to abuse their power or misuse the system.
Finally, because Japan follows the rule of law and the Japanese Constitution puts the power in the hands of the people, Japanese are in basic agreement with the laws they are required to enforce.
www.law.duke.edu /journals/lcp/articles/lcp62dSpring1999p261.htm   (10774 words)

  
 Criminal Code (Bribery of Foreign Public Officials) Bill 1999 (Bills Digest 176 1998-99)
To amend the Criminal Code Act 1995 (Cwlth) to criminalise the bribery of foreign public officials.
Once it is accepted that the conduct sought to be proscribed is essentially international criminal activity that is likely to take place wholly outside Australia, the question is whether imposing a territorial nexus as a precondition to the exercise of jurisdiction over such an offence will render the legislation ineffective and unenforceable.
We have concluded that, to ensure that the objectives and intent of the Bills and met, it is necessary that the focus of the legislation be reflected in the exercise of extra-territorial jurisdiction.
www.aph.gov.au /library/pubs/bd/1998-99/99bd176.htm   (2271 words)

  
 9/86 COMPUTER SECURITY - Computer Crime - Criminal Code - Information Systems Protection Law   (Site not responding. Last check: 2007-11-04)
The National Police Agency states that most computer crimes in Japan are in five basic categories: (1) the unauthorized input of data, (2) the unauthorized use of data or programs, (3) the destruction of computers, (4) unauthorized use of computers and (5) the erasures or alterations of computer programs.
The ministry is seeking an amendment to the Criminal Code to solve these problems and hopes to present a bill for this purpose by the Spring of 1987.
The Japan Data Processing Development Association (JIPDEC) earlier in the year conducted a survey of major firms to see if they were complying with the Computer System Security Measures Standards created by MITI in 1977 and substantially revised in 1984.
www.japanlaw.info /lawletter/sept86/eme.htm   (600 words)

  
 China
However, in the 1979 criminal code all but two of the twelve types of counterrevolutionary charges were punishable by death, thus the new law reduces by a small degree the scope of the death penalty's applicability to the offenses covered in the chapter.
In the 1979 criminal code, two types of offenses relating to secret materials were defined: "stealing, secretly gathering and providing intelligence for an enemy" (Article 97), punishable by life imprisonment or death; and violation of laws and regulations governing secrets (Article 186), punishable by a maximum of seven years in prison.
Article 186 of the Code made clear that "state personnel" were the main targets of the prohibition on violating the laws and regulations on secrecy and disclosing secrets, although "consideration [could] be given according to the circumstances" to prosecution of people who were not state employees.
www.hrw.org /reports/1997/china5   (13070 words)

  
 BBC NEWS | World | Asia-Pacific | Boy held over Japan child murder
In 1997, an 11-year-old boy in the city of Kobe was murdered by a 14-year-old boy, who cut his victim's head off and left it outside a school gate.
Last weekend, three teenagers were arrested in Chatan for allegedly beating a 13-year-old schoolboy to death and burying his body in a cemetery.
Suspects are instead transferred to child welfare centres, which then decide whether to refer the case to a family court.
news.bbc.co.uk /1/hi/world/asia-pacific/3052163.stm   (366 words)

  
 Japan Focus Article   (Site not responding. Last check: 2007-11-04)
But the people in Japan who did support the Security Treaty presumably did so on the assumption that the policy of containment and deterrence was at least relatively sound and safe.
This was considered the primal war crime, and a number of men in Germany and Japan, including Tojo Hideki, were found guilty of it and sentenced to death.
Japan's Self – Defense Forces (SDF), surely one of the more bizarre government organs in the world, are dressed up like soldiers, trained as soldiers, equipped like soldiers, but they do not have this right.
www.japanfocus.org /article.asp?id=107   (2282 words)

  
 Criminal Code of Japan - Wikipedia, the free encyclopedia
The Criminal Code (刑法 Keihō) of Japan was passed in 1907 as Law No. 45.
It is one of the Six Codes that form the foundation of Japanese law.
This page was last modified 02:28, 21 October 2005.
en.wikipedia.org /wiki/Criminal_Code_of_Japan   (64 words)

  
 Online edition of Daily News - Features   (Site not responding. Last check: 2007-11-04)
In 2003, the number of juveniles (aged 14 through 19) arrested for violations of the criminal code in Japan rose for the third year in a row.
Approximately 40 per cent of the total number of people of arrested for violations were juveniles, and approximately 70 per cent of people arrested for purse-snatching and theft from vehicles - streets crimes that have been rising in recent years - were juveniles.
Solvents are often supplied by criminal gangs, and are a source of funds for them.
www.dailynews.lk /2004/09/27/fea02.html   (862 words)

  
 Tuesday, October 18, 1994 -- GOVERNMENT ORDERS (108)   (Site not responding. Last check: 2007-11-04)
The House resumed from September 22 consideration of the motion that Bill C-41, an act to amend the Criminal Code (sentencing) and other acts in consequence thereof, be read the second time and referred to a committee.
It was created judicially with reference to the Criminal Code, our criminal law traditions, our Charter of Rights and Freedoms and other common law elements that judges have taken into account over the years.
There is a difference between the purpose of criminal law, that being generally or usually defined to be the maintenance of a just, peaceful and safe society, and the purpose of sentencing which is just an element of the criminal law.
www.parl.gc.ca /english/hansard/previous/108_94-10-18/108GO1E.html   (22078 words)

  
 The Foreigner - Japan :: Baker Case Highlights Human Rights Violation (February 2004)   (Site not responding. Last check: 2007-11-04)
Baker was found guilty in a Japanese court of trying to smuggle 41,120 tablets of esctacy and 990 grams of cocaine into Narita Airport inside a suitcase with a false bottom back in April of 2002, and was sentenced to 14 years in prison.
At that time, the JFBA said many of the human rights guaranteed in Japan's Code of Criminal Procedure were not much more than window dressing.
Material presented to the HRC indicated that 'in Japan prisoners were deprived of all their rights, except those granted by the prison authorities'.
ww.theforeigner-japan.com /archives/200402/bakercolumn.htm   (852 words)

  
 Taiwan: Amendment of Article 100 of the Criminal Code
DISTR: SC/CO/GR Amnesty International is urging the Government in Taiwan to amend Article 100 of the Criminal Code which provides for imprisonment of between seven years and life for people convicted of activities aiming to "destroy the organization of the State, seize State territory, by illegal means change the Constitution or overthrow the Government".
On 2 March 1992 a cabinet committee announced that Article 100 of the Criminal Code would be amended and the committee leader, Vice Premier Shih Chi-yang is reported to have said "non-violent acts will no longer be considered seditious".
During 1991 at least a dozen people were arrested and charged under Article 100 of the Criminal Code for activities supporting the creation of an independent Taiwan state and for rejecting the government's goal of reunification with China.
www.amnestyusa.org /countries/taiwan/document.do?id=7856A718FC216BF6802569A600601F66   (756 words)

  
 Newsbeat 1: Hansard-Criminal Code-Bill C-49- trafficking in persons Oc.17,2005
Local crime organizations are drawn to this industry because of the relatively low risk of being caught and it is run by multinational criminal networks that are well-funded, well-organized and extremely adaptable to changing technologies.
Women trafficked into the sex trade are sometimes seen as simply violating immigration or criminal laws relating to prostitution.
The proposed amendments to the Criminal Code in Bill C-49 would create three new indictable offences that specifically address human trafficking.
newsbeat1.com /2005/10/hansard-criminal-code-bill-c-49.html   (1553 words)

  
 THE CANADIAN COUNCIL FOR INJURED WORKERS   (Site not responding. Last check: 2007-11-04)
Effective criminal prosecution and conviction for workplace offences resulting in a victim's death was extremely complex or impossible prior to Bill-C-45.
Bill C-45, the legislation which amends the Criminal Code of Canada was given Royal Assent by the Senate.
Bill C-284, an Act to amend the Criminal Code of Canada was debated in the House of Commons on February 19, 2002.
www.ccriw.com /campaign.html   (2743 words)

  
 IMADR-JC/CEDAW 2003/Multiple Discrimination against Minority Women in Japan   (Site not responding. Last check: 2007-11-04)
For instance, if migrant women from the Philippines are working in Japan and are suffering from sexual abuse by their Japanese employers, we, as CEDAW experts, have in the Convention an instrument sufficient to ask the Japanese government about the situation of these Filipino women.
If trafficking is not prohibited under the criminal code in Japan, of course, it is not possible to punish a trafficker with a heavy sentence.
In this [Sonny] case, 400 women arrived in Japan, suffered the human rights abuses, their passports were taken, they were in bonded labour, and they were exploited.
www.imadr.org /imadr_jc/cedaw.2003/Heisoo.Shin.html   (1204 words)

  
 Trafficking in Persons Interim Assessment East Asia and the Pacific
The Government of Japan has made modest progress in prosecuting traffickers and providing better assistance to trafficking victims, and has drafted a national action plan on trafficking in persons (TIP) as part of a broader Penal Code revision that will include a legal definition of trafficking.
The Government has made substantive efforts to improve the legal framework for addressing TIP and has drafted revisions to Japan's criminal code that specifically criminalize trafficking and increase penalties for trafficking-related offenses.
The revised labor code currently being implemented by the Vietnamese Government has provisions that allow workers to negotiate settlements from labor export companies in cases of fraud or abuse.
www.state.gov /g/tip/rls/rpt/40252.htm   (1353 words)

  
 AllRefer.com - Japan - Militarism Before 1945 - The Bushido Code | Japanese Information Resource
In time, a customary ethical code, bushido (see Glossary), was developed.
According to this doctrine, the samurai was bound to accept death in battle rather than flee or surrender and, if he saw corruption or disloyalty in another, was expected to slay the guilty party and then commit seppuku (see Glossary), lest his honorable intentions be questioned.
As an ideal of conduct, the code emphasized personal honesty, reverence and respect for parents, willingness to sacrifice oneself for family honor, consideration for the feelings of others, indifference to pain, loyalty to one's superiors, and unquestioning obedience to duty in the face of any hardship or danger.
reference.allrefer.com /country-guide-study/japan/japan269.html   (613 words)

  
 Abortion- Not in my Criminal Code :: Free Essays and Term Papers
Not in my Criminal Code Abortion should be kept out of the Criminal Code Abortion, termination of pregnancy before the fetus is capable of independent life.
The law was liberalized in 1969 with an amendment to the Criminal Code allowing that abortions are legal if performed by a doctor in an accredited hospital after a committee certified that the continuation of the pregnancy would likely endanger the mother's life or heath.
In May 1990 the House of Commons approved (140- 131) a new law that would put abortion back into the Criminal Code, allowing abortions only if a doctor determined that a woman's health was threatened by her pregnancy.
www.ez-essays.com /free/330.html   (1598 words)

  
 Penal Code of Japan
This Code shall apply to every person who commits a crime within the territory of Japan.
The term “electromagnetic record” used in this Code shall mean the record made by any electronic method, magnetic method or other methods unrecognizable with human perception and provided for the use of data processing in computer system.
paragraph 1 which are obtained illegally for the purpose of criminal acts under preceding paragraph.
www.isc.meiji.ac.jp /~sumwel_h/Arc-Laws/Penal%20Code%20Japan.htm   (707 words)

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