New legislation for offenders with mental disorders in Japan

This article describes the recent law reform on forensic mental health and its background in Japan, focusing on the enactment of the Medical Treatment and Supervision Act in 2005. The new system-under which a person who commits a serious criminal offence in a state of insanity or diminished responsibility shall be referred by the public prosecutor to the District Court-aims to provide intensive psychiatric treatment to offenders with mental disorders, attaching great importance to their reintegration into society. The court panel, which consists of a judge and a specially qualified psychiatrist, plays a key role in the treatment procedure. Upon the agreement of the two panel members, the panel delivers a verdict that takes into account the outcome of psychiatric evaluation; possible verdicts are inpatient treatment order, outpatient treatment order (mental health supervision), and no treatment order. Designated facilities are currently being established for inpatient and outpatient treatment. Referring to the published data on outcomes of enforcement, this article discusses particularities, current problems, and future prospects of the system, drawing comparisons between the German and Japanese systems.