Educational Movie

Article 39 of the Penal Code The Release of Sin

In this film, I was most impressed by Kaifumi Ogawa, who worked as an assistant to Professor Fujishiro, a forensic expert, and I was deeply moved by her spirit of trying the law with her own life.In an apartment building in Tokyo, a man and a woman fell in a pool of blood, the pregnant woman was very brutally cut open, the man was lying down beside her, a paper cutter was still inserted in the man’s back, the man’s neck was left with finger pressure marks very much like strangulation to death, next to a blood-stained theater admission ticket.

In this case, the motive for the murder of the suspect Maki Shibata was premeditated, but for the first time, he was able to muddle through the outcome of the trial, deceiving the trial judge, the criminal investigator, the forensic expert and the public.

In the case of Maki Shibata pretending to be crazy, it is difficult to conclude the truth, is the whole case becomes confusing, Maki Shibata’s disguise performance is based on the professional acting related.

He will perform his one-man show, “witness stand” in the multiple personalities acted to his life, to people eat people, eat people in various ways to produce a sense of the most blessed, while he has long read the books of psychiatric cases.

His sister was lured to a swamp by Hata, who was about the same age as him, when she was coming home from school in the first grade, and the first person to find her was himself, leaving the family traumatized and under a cloud.

After he learned that the suspect was released as a 15-year-old minor, his mother fell ill, and the suspect’s status as not only a minor but also a mentally ill person was condoned.

In Shibata Maki’s mind, he followed the example of his sister’s murderer until he started to commit the actual murder ten years later.

After committing the crime, because of the pain of repentance in his heart, he only wanted to die once in court, evoking the enlightenment of his defense lawyer, Tokiya Nagamura, who said that you were a first-time offender, caused by a ghost, and that even if you died, the victim would not be able to survive, asking him to hold on to the death penalty, which is not a just sentence for human beings.

But Shibata only wanted one death, and stared at lawyer Nagamura with a fierce look, who was, ah, dumbfounded at his performance.

Since he only wanted one death, the defense attorney would no longer consider him innocent.

Really when the case was about to be closed, psychiatrist and also forensic expert Koushin proposed to re-examine Shibata because of suspicion.

The public trial opened again, and the lawyer, Nagamura, announced that one of the identification texts, the defendant’s realistic mental state was Disintegrative Uniformity Disorder, Multiple Personality II, and that the defendant’s mental state at the time he committed the criminal act in this case was basically the mental state mentioned above, and that Gur, his ability to judge the right and wrong of his self-acts, and his inhibition to control his self-acts according to this consciousness, and other mental aspects, were almost lost .

Koushin overturned Fujishiro’s identification because at that identification, being stuck by Shibata’s replacement personality master’s neck, the psychopath was indiscriminate, yet Koushin did not feel his killing spirit at all. The court again gave a letter of commission for Kaifen’s appraisal.

Heung-shen’s third trial was under the diaphragm net, she touched Shibata’s hand, the first time to the suspect Shibata about his father was once also a murderer, a teacher, did not know violence, oral sex with peers, and finally killed each other, after being arrested by the criminal police, the father in the car that went to the road.

Shibata seemed not to believe what Kafuchi said, and once again stuck her by the neck, saying lines that had nothing to do with the case. Kaifen offered no resistance and only said to the suspect; Hamoret was faking the illness because of himself, but it really ended up causing a mental disorder? He was hallucinating his father’s deceased spirit, and he wanted to kill himself to avenge his death.

Later died for some reason, only his father did not open a death certificate, in the barren interests of the family register sold to Kudo Keisuke, Kudo Keisuke’s sister is Kudo Wenzi, is the victim of the murder of Hatoda in the deep forest swamp, he used the dead person’s family register to find the murderer of his sister back then.

When he found it in an apartment and followed it to Hata’s house, he coincidentally heard a horrible scream from Hata’s house and pushed the door to find that Hata was not cured of his mental illness back then, but was reenacting the murder of his wife, and Shibata was fighting for the murder weapon in Hata’s hand when the two of them got into a fight. Hata’s wife had fallen in a pool of blood, and finally Shibata stabbed the paper cutter at Hata.

Finally, Kusama asks the presiding judge to change the indictment in view of the numerous ambiguities that remain in the case of the indictment with regard to the relevant facts, the domicile of the defendant, and the facts of the crime, and therefore I request that the indictment in this case be changed and heard separately.

The court will delete Article 39, and Shibata will finally become a person with independent personality. The case will also be one long trial after another.

However, I believe here that the existence of Article 39 of the Japanese Penal Code is not only conducive to the protection of human rights, but also to the realization of the Penal Code’s goal of protecting people and guaranteeing the stability of human society. The author believes that there is no problem with the law of this article itself. This film reveals that in criminal judicial practice, there may be a need for improvement in the identification of mental illnesses and the classification of mental illnesses, and the author believes that in the identification, the types of mental illnesses that can deter liability should be determined in the legal system, excluding mental illnesses that do not affect the suspect’s awareness of the facts of the crime. And to exclude the situation of self-induced deterrence of responsibility, to exclude the use of a certain stimulus to stimulate their own mental illness to commit criminal acts, the use of a certain means to make themselves suffer from mental illness and commit criminal acts, by improving the legislative techniques, improve the supporting measures in the identification of mental illness.

In some special cases, after the suspect has been forgiven by the law, the legislation should be improved in a timely manner, such as lowering the age of criminal responsibility for criminal offenses in line with the development of the times, increasing the prevention of crimes against people with mental illness in the social security system, and providing compensation for psychological damage, psychological cure, and state compensation, etc. A series of supporting measures to the victim sufficient compensation, from the legislative and practical use of adequate legal feelings and legal technology to protect the rights of victims, the role of criminal law to truly protect the people.

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