[Criminal responsibility and confinement of the insane from antiquity to early modern Japan].

ANTIQUITY

The third Japanese legal code, Youro Ritsuryo, was compiled in 718. The code classified the insane people as severely handicapped, exempted them from taxes and reduced their punishments when they committed a crime. MEDIEVAL: We cannot find any description on criminal responsibility of the insane in the legal documents of this age. EARLY MODERN: In 1742, the Tokugawa government enacted a criminal code named Osadamegaki-hyakkajyo, which contained a clause on the criminal responsibility of the people suffering from insanity or alcoholism. In principle, even if the criminal who committed homicide had been insane, he or she was sentenced to death. However, when the criminal had been obviously insane and the master or relatives of the victim appealed for mercy the judge could spare his/her life. The case of killing under the influence of simple alcohol intoxication was considered to be fully responsible. However, the case of pathological intoxication was treated in the same way as the case of insanity. There was a strict rule for confinement of the insane. When people thought that confinement was inevitable, a petition for confinement was submitted to the court under the joint signature of the family, the members of goningumi (a mutual responsibility unit), and the head of the town or village. In big cities like Edo (now Tokyo), a medical certificate of a doctor was attached to the petition. After receiving the petition, the court dispatched officials to inspect the case. When the court could confirm the necessity of confinement, they gave the permission and sealed the lock of a private cell where the insane was confined. People had to appeal to the court again when they wanted to free the insane from the cell.