Constitution & Laws of Japan
The Constitution of Japan
Article 31
No person shall be deprived of life or liberty, nor shall any other criminal penalty be imposed, except according to procedure established by law.
Article 36
The infliction of torture by any public officer and cruel punishments are absolutely forbidden.
Penal Code
Article 11
(1)The Death penalty shall be executed by hanging at a penal institution.
(2)A person who has been sentenced to the death penalty shall be detained in a jail until its execution.
Code of Criminal Procedure
Article 475
(1)Execution of the death penalty shall be ordered by the Minister of Justice.
(2)The order set forth in the preceding paragraph shall be rendered within six months from the date when the judgment becomes final and binding; provided, however, that, where a request to restore the right to appeal or a request for a retrial, an extraordinary appeal, or an application or request for a pardon is made, the period before these proceedings have finished shall not be included in this period. Neither shall the period before the judgment becomes final nor binding for persons who are co-defendants be included in this period.
Article 476
When the Minister of Justice orders the execution of the death penalty, the death penalty shall be executed within five days.
Article 477
(1)The execution of the death penalty shall be attended by the public prosecutor, the public prosecutor's assistant officer, and the warden of the penal institution or his/her agent.
(2)No person may enter the execution site unless he or she is permitted to do so by the public prosecutor or the warden of the penal institution.
Act on Penal Detention Facilities and Treatment of Inmates and Detainees
Article 178
The death penalty shall be executed at an execution site inside a penal institution.
(2)The death penalty shall not be executed on Sunday, Saturday, holidays prescribed in the Act on National Holiday (Act No.178 of 1948), January 2nd, January 3rd, and from December 29th to December 31st inclusive.
Article 179
On the execution of the death penalty, the halter shall be unfastened after five minutes has elapsed from the time when the death of the hanged person was confirmed.