[Legal welfare for lawbreakers with mental retardation].

In Japan, most lawbreakers with psychiatric disorders are committed to hospital by order of the relevant prefectural governor under the Mental Health Act. This can be called the "compulsory treatment policy" for psychiatric patients. On the other hand, most law-breakers with mental retardation (except those with severe and profound retardation) are prosecuted and sentenced to imprisonment under the Criminal Law. This can be called the "strictly judicial policy" for mildly or moderately retarded people. In my opinion, instead of either compulsory treatment or strict justice, "compassionate justice", or welfare support in the field of justice, is crucial to protect individuals with psychiatric disorders and/or mental retardation from the stigma of criminality.