What Punishment Could the Person Responsible for Laxmi Rajbanshi’s Death Face in Japan?

Japanese law allows the death penalty, life imprisonment or a fixed prison sentence for homicide, but the eventual punishment would depend on what prosecutors prove and what a court decides.

The investigation into the death of Nepali student Laxmi Rajbanshi in Fukuoka has entered a more serious phase, with Japanese police examining whether more than one person may have been involved.

As investigators work to establish what happened inside Rajbanshi’s apartment and how her body was taken to the Naka River, another question is likely to concern many people following the case: what punishment could the person responsible face under Japanese law?

The answer depends on the offence prosecutors eventually charge and the evidence established in court.

Japan treats intentional killing as homicide

Japan’s Penal Code sets out the punishment for homicide under Article 199.

A person convicted of killing another person can be sentenced to the death penalty, life imprisonment or imprisonment for a definite term of at least five years.

This means that if prosecutors ultimately establish that Rajbanshi was intentionally killed and a suspect is convicted of homicide, Japanese law provides for some of the country’s most serious criminal penalties.

But the existence of the death penalty in the law does not mean that an accused person in this case would automatically face execution.

The sentence would depend on the circumstances of the crime and the court’s assessment after the evidence has been examined.

What could determine the sentence?

Japanese courts consider the circumstances surrounding a crime when determining an appropriate punishment.

Factors such as the manner in which a killing was carried out, the degree of violence, the motive, the circumstances surrounding the offender and other relevant facts can affect the eventual sentence.

The prosecution would first have to establish the elements of the offence beyond the required legal standard.

That is particularly important in the Rajbanshi case because Japanese police have not publicly identified a person as the killer.

Five people have reportedly been detained in connection with the investigation, but detention or questioning does not mean that any of them has been found guilty.