Legal Japanese penal code reforms emphasise rehabilitation and crime prevention over punishment

Revisions to Japan's Penal Code—its first significant amendment since 1907—signal a move toward a more flexible and rehabilitative sentencing system aimed at reducing repeat offences. As of Sunday, the categories of "imprisonment with labour" (懲役 Chōeki) and "imprisonment without labour" (禁錮 Kinko) will be replaced by a unified "confinement" category (拘禁刑 Kōkin-kei). Prisons can adjust rehabilitation by combining traditional work programmes with educational and therapeutic guidance, shifting away from a one-size-fits-all model.

Though some prisons have already implemented such approaches, successful adaptation will depend on changing staff attitudes and ensuring support for inmates' reintegration into society. From now on, prison labour will no longer be compulsory, with inmates only participating in activities deemed "necessary" for their rehabilitation.

The reform comes amidst a rise in repeat offences and a steadily ageing prison population, highlighting the need for more flexible and tailored correctional strategies.

In 2023, a record-high 14.3% of the people who entered the prison system were aged 65 or older. Many of these elderly prisoners are unable to keep up with prison work due to their declining physical strength and cognitive function. Of the people arrested for Penal Code offences that year, 47% were repeat offenders. "The way we deal with inmates needs to place greater emphasis on helping them get back on their feet," a senior Justice Ministry official said. Five years ago, Fuchu Prison in Fuchu, western Tokyo, began conducting activities designed to "improve physical functions" as a de facto form of rehabilitation for elderly inmates. Prisoners who find it difficult to do regular labor such as assembling furniture instead engage in strength training, including riding exercise bicycles, and mental exercises, which involve memory tests on digital devices.

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