「懲役ちょうえき」と「禁錮きんこ」 きょうから「拘禁こうきん刑けい」に一いち本ほん化か【Q＆Aも】

The penalties of imprisonment with labor and imprisonment without labor for those who have committed crimes will be abolished due to revisions to the Penal Code, and from June 1, a new single penalty called confinement punishment will be introduced.

The introduction of a new form of punishment is the first since the Penal Code was enacted 118 years ago, and prisons will undergo a major shift toward rehabilitation-focused guidance to prevent reoffending.

From “punishment” to “guidance necessary for rehabilitation” Since the Penal Code was enacted in 1907 Meiji 40, Japanese criminal penalties have mainly been divided into “imprisonment with labor,” which requires penal labor in prison, and “imprisonment without labor,” which does not require such work. However, with the revision of the Penal Code, from the 1st, these will be unified into a single “confinement punishment.”

In “detention punishment,” penal labor for the purpose of discipline is abolished, and instead, guidance tailored to the characteristics of inmates—such as the elderly, people with disabilities, or those with addictions—is to be provided as needed.

The background to this is the current situation in which many people who have been released from prison commit crimes again. Therefore, the focus is on rehabilitation to prevent former inmates from reoffending after returning to society.

Professor Koichi Hamai of Ryukoku University, who is well-versed in the rehabilitation of inmates, says, “If prisons, which have been isolated from society, can become environments closer to society and function to support rehabilitation, it will help prevent recidivism.”

It is important for ordinary people to understand and support the changes in prisons, he said.

[Detailed Q&A] What is Kokin-kei? After 118 years, the punishments of Chōeki imprisonment with labor and Kinko imprisonment without labor have been abolished, and the new Kokin-kei has been introduced.

What will change?

Q

What is the difference between imprisonment with labor, imprisonment without labor, and detention? All are punishments that involve confinement in prison, but there are differences in the type of work required and the methods of guidance.

Compared to imprisonment under the former Penal Code, which required penal labor such as work, confinement did not require penal labor.

In reality, most inmates serving prison terms were also actually working by choice.

The current prison labor is often seen as a form of punishment, and there have been criticisms that it makes it difficult for inmates to secure time for rehabilitation and reintegration into society.

In the newly introduced custodial sentence, punitive prison labor has been abolished, and instead, activities and guidance aimed at rehabilitation are provided.

According to the Ministry of Justice, there are 24 rehabilitation programs tailored to specific needs, such as for the elderly, people with disabilities, and those with addictions like drug dependence.

Q

Why is there such an emphasis on rehabilitation? Because there is no end to the number of people who reoffend and end up in prison.

According to the Ministry of Justice, in the year before last, one out of every two people newly admitted to prison—55%—were repeat offenders.

These circumstances have remained unchanged for about 20 years, with the high levels persisting.

Especially, there have been a series of cases such as theft and dining and dashing by elderly people who are struggling in their daily lives, as well as drug-related incidents stemming from addiction.

Originally, people who actually need welfare support have been repeatedly sent to prison, and in order to change this situation, a major shift has been made.

Q

Will the introduction of custodial sentences help prevent reoffending? Professor Koichi Hamai of Ryukoku University, who is well-versed in the rehabilitation of inmates, says, Until now, inmates have been completely controlled, from waking up to meals, conversations, and work, so they havent needed to think for themselves.

For this reason, even after finding a job upon release, it was pointed out that difficulties in communicating with colleagues became a major obstacle in social life.

On top of that, he said, If the system of custodial sentences works, more released inmates will be able to reintegrate into society, which may help prevent recidivism.

On the other hand, it is said that not only prisons but also our own awareness as a society needs to change.

According to Professor Hamai, in countries like Italy and Norway, there are cases where the recidivism rate has been reduced by increasing interactions between inmates and the local community, such as by providing opportunities for inmates to work outside the prison.

Professor Hamai said, In cases that have been successful overseas, discussions involving citizens about the rehabilitation of inmates had been ongoing for many years.

He points out that “in Japan as well, if ordinary people take an interest in the way prisons operate and deepen their understanding, it could help prevent repeat offenses.”