Capital punishment in Japan

Capital punishment is a legal penalty in Japan. It is applied in practice only for murder, and executions are carried out by hanging.

The majority of death sentences are imposed only in cases of multiple murders.

Beginning in about the 4th century, Japan became increasingly influenced by the Chinese judicial system, and gradually adopted a system of different punishments for different crimes, including the death penalty. However, beginning in the Nara period, cruel punishments and the death penalty were used less and less, likely as a result of the influence of Buddhist teachings, and the death penalty was abolished completely in the Heian period. The death penalty was not used for the next 300 years, until the Genpei War.

During the following Kamakura period, capital punishment was widely used and methods of execution became increasingly cruel, and included burning, boiling and crucifixion, among many others. During the Muromachi period, even harsher methods of execution came into use, such as upside down crucifixion, impalement by spear, sawing, and dismemberment with oxen or carts. Even minor offenses could be punished by death, and family members and even neighbors could be punished along with the offender. These harsh methods, and liberal use of the death penalty, continued throughout the Edo period and into the early Meiji period, but due to the influence of Confucianism, offenses against masters and elders were increasingly punished much more harshly than offenses against those of lower rank. Torture was used to extract confessions. In 1871, as the result of a major reform of the penal code, the number of crimes punishable by death was decreased and excessively cruel torture and flogging were abolished. In 1873, another revision resulted in a further reduction in the number of crimes punishable by death, and methods of execution were restricted to beheading or hanging.

In Japan, the courts follow guidelines laid down in the trial of Norio Nagayama, a 19-year-old from a severely disadvantaged background, who committed four separate robbery-murders in 1968 and was finally hanged in 1997. The Tokyo high court originally gave him a life term, but in 1983 the Supreme Court of Japan held it was an error, and quashed this sentence.

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