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Criminal penalties in Japan
Checked in October 2026 against the 刑法 (Penal Code) and 道路交通法 (Road Traffic Act), official Japanese text on e-Gov, with the 2025 amendments.
These are statutory ranges for a first offence, from the least to the most the law allows. A court decides the actual sentence in each case. We read the code in its original language and give the offences in plain English, with the legal term where it helps. For anything that matters, rely on the code itself. Not legal advice.
How Japan sets penalties
- Japan's Penal Code lists death, detention (拘禁刑, 'kōkin-kei'), fines, minor detention and petty fines as the principal penalties (art. 9). Detention was introduced in 2025 in place of the old 'imprisonment with work' and 'imprisonment without work'. The person is held in a penal institution and may be required to work or receive guidance to help rehabilitation (art. 12).
- Detention is for life or for a fixed term of 1 month to 20 years (art. 12). When detention is increased because of aggravating rules, it may go up to 30 years, and when death or life is reduced to a fixed term, the longest term is 30 years (art. 14). Where an article says 'not less than 5 years', the limits are 5 and 20 years.
- Many articles set 'not more than X years' only. The lower limit is then 1 month (art. 12).
- The court may reduce a penalty where there are circumstances deserving leniency (art. 66).
- Fines are in yen and are the amounts the code states.
Death penalty: Yes. Japan keeps the death penalty and carries it out by hanging (Penal Code art. 11). It is the penalty, or one of the penalties, for murder (art. 199), arson of an inhabited building (art. 108), robbery causing death (art. 240) and a few other crimes.
Read the Japan legal-system profile in the Legal Families Atlas →
First-degree murder
Death, life imprisonment, or detention of 5 years or more
Murder (killing a person) (Crime (detention, 拘禁刑))
- Least
- 5 years (if a fixed term is chosen)
- Most
- Death, or life imprisonment, or a fixed term of 20 years
Japan has one murder offence (殺人, art. 199) with no degrees. The same article is shown for second-degree murder below. The court chooses among death, life and a fixed term of at least 5 years.
Second-degree murder
Death, life imprisonment, or detention of 5 years or more (the same offence)
Murder (killing a person), with a fixed-term sentence (Crime (detention, 拘禁刑))
- Least
- 5 years
- Most
- 20 years (the longest fixed term, art. 12)
Japan does not divide murder into degrees. The court's choice within art. 199 reflects the circumstances. A killing at the victim's request or with consent, or assisting suicide, is a separate offence (art. 202).
Voluntary manslaughter
A fine (negligent death) up to 3 to 20 years (injury resulting in death)
Negligent homicide (過失致死) (Crime (fine))
- Least
- No minimum term set by the statute
- Most
- A fine of up to 500,000 yen
- Fine
- No prison term
Professional negligence or gross negligence causing death or injury (業務上過失致死傷) (Crime (detention, 拘禁刑))
- Least
- No minimum term set by the statute
- Most
- 5 years
- Fine
- Or a fine of up to 1,000,000 yen
Killing on request or with consent, or inciting or assisting suicide (Crime (detention, 拘禁刑))
- Least
- 6 months
- Most
- 7 years
Injury resulting in death (傷害致死) (Crime (detention, 拘禁刑))
- Least
- 3 years
- Most
- 20 years (the longest fixed term, art. 12)
Japan has no separate offence of voluntary manslaughter. A death caused by an assault with intent only to injure is 'injury resulting in death' (art. 205). A killing at the victim's request is art. 202.
Robbery
At least 5 years (robbery) up to death or life (robbery causing death)
Robbery (強盗: taking property by violence or threat) (Crime (detention, 拘禁刑))
- Least
- 5 years
- Most
- 20 years (the longest fixed term, art. 12)
Robbery causing injury (強盗致傷) (Crime (detention, 拘禁刑))
- Least
- 6 years
- Most
- Life imprisonment (detention for life)
Life or a fixed term of at least 6 years.
Robbery combined with non-consensual sexual intercourse (Crime (detention, 拘禁刑))
- Least
- 7 years
- Most
- Life imprisonment (detention for life)
Life or a fixed term of at least 7 years.
Robbery causing death (強盗致死), or robbery with sexual intercourse resulting in death (Crime (detention, 拘禁刑))
- Least
- No minimum term set by the statute
- Most
- Death or life imprisonment
Burglary
Up to 3 years (trespass) up to 10 years (theft)
Trespass (住居侵入: entering another's dwelling, building or ship without justifiable reason) (Crime (detention, 拘禁刑))
- Least
- No minimum term set by the statute
- Most
- 3 years
- Fine
- Or a fine of up to 100,000 yen
Theft (窃盗) (Crime (detention, 拘禁刑))
- Least
- No minimum term set by the statute
- Most
- 10 years
- Fine
- Or a fine of up to 500,000 yen
Japan has no offence named 'burglary'. Entering a dwelling or other building without a justified reason is trespass, and the theft inside is charged as theft. Both can be charged together.
Arson
6 months to 7 years (own property) up to death, life, or 5 years or more (an inhabited building)
Arson of one's own unoccupied building, ship or mine, creating public danger (Crime (detention, 拘禁刑))
- Least
- 6 months
- Most
- 7 years
Arson of other objects, creating a public danger (Crime (detention, 拘禁刑))
- Least
- 1 year
- Most
- 10 years
Arson of an unoccupied building, ship or mine that belongs to another (Crime (detention, 拘禁刑))
- Least
- 2 years
- Most
- 20 years (the longest fixed term, art. 12)
Arson of a building, train, ship or mine used as a dwelling or with people in it (Crime (detention, 拘禁刑))
- Least
- 5 years (if a fixed term is chosen)
- Most
- Death, life imprisonment, or a fixed term of 20 years
Japan grades arson by what is burned: a building where people live or are present, a building where no one is, or other things. Burning one's own property is punished less.
Aggravated assault
Up to 15 years or a fine (injury) up to 3 to 20 years (injury resulting in death)
Injury (傷害: injuring another's body) (Crime (detention, 拘禁刑))
- Least
- No minimum term set by the statute
- Most
- 15 years
- Fine
- Or a fine of up to 500,000 yen
Injury resulting in death (傷害致死) (Crime (detention, 拘禁刑))
- Least
- 3 years
- Most
- 20 years (the longest fixed term, art. 12)
Japan has one injury offence (傷害) and one for injury resulting in death. The court chooses the sentence by the injury done. Robbery or sexual offences causing injury have their own, higher penalties.
Rape and sexual assault
6 months to 10 years (non-consensual indecent act) up to life (rape resulting in death or injury)
Non-consensual indecent acts (不同意わいせつ) (Crime (detention, 拘禁刑))
- Least
- 6 months
- Most
- 10 years
Non-consensual sexual intercourse etc. (不同意性交等) (Crime (detention, 拘禁刑))
- Least
- 5 years
- Most
- 20 years (the longest fixed term, art. 12)
Non-consensual indecent acts resulting in death or injury (Crime (detention, 拘禁刑))
- Least
- 3 years
- Most
- Life imprisonment (detention for life)
Life or a fixed term of at least 3 years.
Non-consensual sexual intercourse etc. resulting in death or injury (Crime (detention, 拘禁刑))
- Least
- 6 years
- Most
- Life imprisonment (detention for life)
Life or a fixed term of at least 6 years.
The 2023 reform replaced 'rape' with 'non-consensual sexual intercourse etc.' (不同意性交等). It does not depend on force. It covers a person made unable to form, express or act on an unwillingness by violence or threat, by drugs or alcohol, by sleep, by fear, by abuse of a position, and other listed causes. The same offences apply to any act with a person under 16 (for 13 to 15, only where the offender was born five or more years earlier).
Kidnapping
3 months to 7 years up to life (kidnapping for ransom)
Unlawful arrest or confinement (逮捕・監禁) (Crime (detention, 拘禁刑))
- Least
- 3 months
- Most
- 7 years
Abduction or kidnapping of a minor (未成年者略取・誘拐) (Crime (detention, 拘禁刑))
- Least
- 3 months
- Most
- 7 years
Kidnapping for ransom (身の代金目的略取) (Crime (detention, 拘禁刑))
- Least
- 3 years
- Most
- Life imprisonment (detention for life)
Life or a fixed term of at least 3 years.
Embezzlement
Up to 5 years (embezzlement) up to 10 years (embezzlement in the course of business)
Embezzlement (横領: embezzling another's property in one's possession) (Crime (detention, 拘禁刑))
- Least
- No minimum term set by the statute
- Most
- 5 years
Business embezzlement (業務上横領: embezzling in the course of one's business) (Crime (detention, 拘禁刑))
- Least
- No minimum term set by the statute
- Most
- 10 years
Forgery
Up to 1 year or a fine (private documents) up to 1 to 10 years (public documents)
Forging or altering a private document of other kinds (私文書偽造等, other documents) (Crime (detention, 拘禁刑))
- Least
- No minimum term set by the statute
- Most
- 1 year
- Fine
- Or a fine of up to 100,000 yen
Forging a private document proving rights, duties or facts, with a seal or signature of another (私文書偽造) (Crime (detention, 拘禁刑))
- Least
- 3 months
- Most
- 5 years
Forging an official document using an official seal or signature (公文書偽造) (Crime (detention, 拘禁刑))
- Least
- 1 year
- Most
- 10 years
Drunk driving, first offence
Up to 3 years or a fine of up to 500,000 yen (driving with alcohol over the limit) up to 5 years or 1,000,000 yen (driving drunk)
Driving with alcohol above the set level (酒気帯び運転) (Crime (detention, 拘禁刑))
- Least
- No minimum term set by the statute
- Most
- 3 years
- Fine
- Or a fine of up to 500,000 yen
Driving drunk (酒酔い運転) (Crime (detention, 拘禁刑))
- Least
- No minimum term set by the statute
- Most
- 5 years
- Fine
- Or a fine of up to 1,000,000 yen
The offences are in the Road Traffic Act. 'Driving drunk' (酒酔い運転) means a state in which one cannot drive normally, including 1.0 mg of alcohol per millilitre of blood or 0.5 mg per litre of breath or more. 'Driving with alcohol over the limit' (酒気帯び運転) means alcohol above the level set by government order, under that figure. Administrative licence consequences also apply.
Compare with: France, Russia, Algeria, Morocco, Germany, Brazil, Spain, Italy, Turkey, England and Wales, Netherlands, Austria, Sweden, Switzerland, India, China.

