Pardons granted in commemoration of the Emperor's enthronement ceremony took effect Tuesday.
Given by Cabinet decree, the pardons are limited to restoring the rights of people who lost their legal capacity, or had it suspended, as a result of being fined. They have been uniformly granted to people charged with crimes or penalties designated by government ordinances.
About 550,000 people who paid their fines at least three years ago as of Monday were eligible for the pardons.
Upon the change of era from Showa to Heisei, pardons were granted to more than 10 million people. This time, however, the scope of eligibility was significantly narrowed, for such reasons as consideration for the feelings of crime victims.
The practice of awarding pardons in Japan is said to have come from ancient China, and was already being implemented in the Nara period (8th century). According to Masajiro Takikawa's "Nihon Gyokeishi" (A history of Japanese penology), the country's first pardons were granted in 650, when the era name was changed to Hakuchi.
The book also states that many pardons were granted in the Heian period (late 8th to late 12th century), when a number of celebratory Imperial family events and other occasions were held around the same time, and that this led to lax control of crime.
In the Edo period (1603-1867), pardons were granted on such occasions as ceremonies where the title of shogun was granted to a member of the Tokugawa family, and a shogun's visit to Nikko Toshogu shrine. Even people who had been exiled to islands are believed to have been pardoned in some cases.
In the Meiji era (1868-1912), pardons were awarded to people charged with certain crimes or who had received penalties designated by shochoku, which indicated an emperor's will. Subsequently, the granting of pardons became an emperor's prerogative under the Meiji Constitution.
The current Constitution stipulates that the granting of pardons shall be decided by the Cabinet and certified by an emperor.
The latest pardons are the 11th related to state or Imperial family events of celebration since the current Constitution was implemented. In the past, general pardons invalidating guilty decisions and commuting sentences were granted, with some people being released from jail.
According to materials released by the Justice Ministry and other information, about 11,500 people were released from jail through general pardons and commutations of sentences when pardons by cabinet decree were granted in April 1952 in relation to the implementation of the San Francisco Peace Treaty.
However, about 30 percent of these people were sent to prison again by the end of 1954, highlighting the problem of a high recidivism rate.
In another granting of pardons by cabinet decree in December 1956 to commemorate Japan's participation in the United Nations, then incumbent lawmakers accused of violating the Public Offices Election Law were granted a general pardon, which triggered criticism among the public.
Read more from The Japan News at https://japannews.yomiuri.co.jp/
