New Punishment of ‘Confinement' Introduced to Penal Code; Change Meant to Facilitate Shift to Prisoners' Rehabilitation
Yomiuri Shimbun file photo
The Justice Ministry
The revised Penal Code took effect Sunday, introducing a new type of punishment called 'confinement' that combines the previous penalties of imprisonment with labor and imprisonment without labor.
This is the first revision to the criminal punishments stipulated in the Penal Code since the code's enactment in 1907. The aim is to promote the rehabilitation of prisoners and prevent recidivism by combining traditional prison labor with a new correctional program, thereby allowing each prisoner to be handled in a way that is suited to their age and individual characteristics.
The new punishment of confinement is defined as 'detaining inmates in penal institutions and requiring them to perform necessary labor and participate in the necessary program for reform and rehabilitation purposes.' Working in prison is no longer mandatory.
The revision was prompted by worsening recidivism rates and the aging of inmates. The amendment is expected to facilitate a shift to emphasizing guidance aimed at preventing recidivism among inmates. The introduction of physical rehabilitation is also envisaged for elderly prisoners who are frail.
Inmates who are deemed to have little need for the new measures will continue to primarily engage in labor in prison.
Like imprisonment with or without labor, there are two types of confinement — indefinite and fixed-term. Fixed-term confinement ranges from one month to 20 years.
The new system will be applied to incidents and accidents that took place after the revision took effect. However, inmates currently in prison and those to be sentenced to imprisonment — with or without labor — for crimes they committed before the implementation date will be handled the same way from June 1 as those who receive the new confinement punishment.
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