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 White paper on crime 2002 Part 5/Chap.1/3 

3 Legislative trend concerning the 9 types of violent offenses and homicide

  With respect to robbery, rape and indecent assault among the 9 types of violent offenses, the Penal Code provides for aggravation of punishment in the case where the offense results in death or bodily injury (Aggravation of punishment in the case of offenses committed in dangerous or habitual ways is provided in the Law Concerning the Prevention and Punishment of Burglary, Robbery, Larceny, etc. (Law No. 9 of 1930) with respect to robbery and breaking and entering and in the Law Concerning the Punishment of Physical Violence and Others (Law No. 60 of 1926) with respect to assault, bodily injury, intimidation and destruction of objects.)
  According to the recent legislative trend, the following laws were enacted with respect to the 10 types of offenses (9 types of violent offenses and homicide): (i) Law for Punishment of Organized Crime, Control of Crime Proceeds and Other Matters (enacted on August 18, 1999 and came into force in February 2000); (ii) Anti-Stalking Law (enacted on May 18, 2000 and came into force in November 2000); (iii) Law Concerning the Prevention of Child Abuse (enacted on May 18, 2000 and came into force in November 2000); (iv) Law for the Prevention of Spousal Violence and the Protection of Victims (enacted on April 6, 2001 and came into force in October 2001). These new laws deal with new types of offenses including those committed in dangerous ways such as homicide committed in an organized manner and stalking of persons of the opposite sex, and provide for aggravation of punishment, confiscation of crime proceeds, warning by the Chief of Prefectural Police Headquarters, order of prohibition issued by prefectural public security commissions, and order of protection issued by district courts. Thus, legislative measures are being taken one after another with the aim of preventing offenses committed in dangerous or new ways. (Though not containing provisions on penal punishments, the Law Concerning the Prevention of Child Abuse clearly mentions that a person who commits child abuse should not be immune from being punished on the ground that he/she is the person who exercises parental power.)