6. Victim’s Support During the Hearing Under the Law for the Medical Monitoring of the Mentally Incompetent and Others

Where a person has committed serious harm to others due to insanity or diminished capacity, and the public prosecutor does not prosecute the person on the ground of mental incompetence, or the person is acquitted or not given an actual prison sentence, the public prosecutor will file a hearing request to the District Court to decide the necessity and the content of medical treatment, so that such person can recover from the mental condition and return to society more quickly. At the District Court, the judge and the mental health care judge (psychiatrist) will conduct a hearing as a collegial body and, where necessary, hospitalize the individual for psychiatric evaluation. Based on the hearing, the Court will make a decision such as an in-patient treatment decision, out-patient treatment decision or a decision of non-treatment.


Course of hearing held under the Law for the Medical Monitoring of the Mentally Incompetent and Others
Q What kinds of support system are available for crime victim at the hearing held under the Law for the Medical Monitoring of the Mentally Incompetent and Others?  
A

Under the Law for the Medical Monitoring of the Mentally Incompetent and Others, the following procedures have been put in place concerning the hearing :

  • a. Attendance of the victim and the families at the hearing; and
  • b. Notification of the result of the hearing to the victim and the families.
A public prosecutor can also provide information regarding the filing of a hearing request to the victim and the families.

Please ask the court if you would like to attend the hearing or be notified of the hearing’s result.

Additionally, if you would like to receive information regarding the filing of a hearing request, please ask the public prosecutor or the assistant officer in charge or Victim Support Officers.