Japan

Penal Code

PART I. GENERAL PROVISIONS

Chapter X. Repeated Convictions

Article 56. (Second Conviction)

(1) When a person who has been sentenced to imprisonment with work, commits a crime again within five years from the day on which the execution of the former punishment was completed or remitted, and is to be sentenced to imprisonment with work for a definite term, this crime constitutes a second conviction.
(2) The same shall apply when a person who has been sentenced to the death penalty for a crime for which imprisonment with work is prescribed as an alternative punishment commits a crime again within five years from the day on which the execution of the death penalty sentence was remitted or, from the day on which the reduced sentence was completed or remitted after the death penalty was reduced to imprisonment with work, and the person is to be sentenced to imprisonment with work for a definite term.
(3) When a person has been sentenced to consolidated punishment for crimes in any of which imprisonment with work is prescribed, but was not sentenced to imprisonment with work because the crime prescribing imprisonment with work was not the greatest, the person shall be deemed to have been sentenced to imprisonment with work in the application of provisions related to a second conviction.

Article 57. (Aggravated Punishments for a Second Conviction)

The maximum term of punishment for a second conviction shall be twice the maximum term of imprisonment with work prescribed in relation to such crime.

Article 58. Deleted.

Article 59. (Third or Further Repeated Conviction)

A person to be sentenced for a third or further conviction shall be dealt with as with the second conviction.

Keywords

Recidivism of criminal offences



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