ACTUAL DISCUSSION AROUND DEATH PENALTY IN JAPAN

Abstract

I will report about the actual situation and discussion concerning death penalty in Japan. At first I review statistics on crimes and incarceration, whereby the number of reported cases of Japanese Penal Code offenses amounted to 2.5 million in 1997 and increased every year, reaching 3.6 million in 2002 and 2003. However, from 2004 on the number decreased to 2.5 million in 2008. In this paper I call such rise and fall ”Mt. Fujiline” which shows a mountain-shaped curve on a graph. Secondly I address death penalty in Japan, showing types of offences punishable by death, citing three principle judgments of the Supreme Court and analyzing statistics concerning death sentences and executions. Thirdly I regard the lay judge system, so-called „SAIBANIN-SAIBAN“, and changes before and after its introduction, and explain backgrounds of the drastic up and down on death penalties. I can determine new criminal policies under Saibanin-Saiban as the background of changing sentences on the one hand and political regime change from the LDP to the DP as the background of changing numbers of executions on the other hand. Finally I consider whether the „Monsieur Verdoux”- time is over or not.