Koizumi eyes revising Penal Code, faces opposition

Japan Policy & Politics, June 18, 2001

TOKYO, June 12 Kyodo

(EDS: UPDATING WITH FRESH COMMENTS BY MORIYAMA)

Prime Minister Junichiro Koizumi reiterated Tuesday that the Penal Code should be amended to prevent mentally ill crime suspects from committing repeat offenses, but he met with opposition from members of his own government.

''We cannot leave things as they are,'' the premier told reporters at his official residence. ''Because of various circumstances up to now...nothing has been done. But when we look at what has happened, it is shaking the safety of society.''

Koizumi proposed the legal change after a man with a history of psychiatric problems allegedly walked into a state-run elementary school in Ikeda, Osaka Prefecture on Friday and stabbed eight schoolchildren to death.

Mamoru Takuma, 37, was arrested in 1999 for allegedly serving tea laced with tranquilizers to teachers at another school, but was never indicted because of his illness. He was instead sent to a hospital, and was later released.

Some members of Koizumi's cabinet said they would disagree with any revision of the Penal Code in the immediate future that, for example, would allow courts to order the forced hospitalization of suspects.

Chief Cabinet Secretary Yasuo Fukuda said he thinks that the prime minister shares his idea that the matter should be dealt with carefully.

''Investigative authorities are still working on the case. At this point, I'm not sure whether we should link the issue of mentally ill people in general with the incident,'' the top government spokesman said at a news conference.

''We are dealing with the issue carefully. The prime minister himself is not aware of all the facts of the case yet, so I believe he shares this view,'' he said.

Jin Murai, chairman of the National Public Safety Commission, said, ''This is an issue that has been discussed for a long time, and it would be difficult to reach a public consensus. We need more time for discussions.''

Justice Minister Mayumi Moriyama said that there are other government priorities before consideration of a revision of the Penal Code.

''We are not thinking about that at the moment. There are many things to do before that, such as ensuring the safety of schools,'' she said. ''The prime minister did not say 'revise the Penal Code.' It is not something that will immediately lead to that.''

Moriyama said later in the day that the mental health welfare law should be amended instead, to give the judiciary a say in the decision on whether to hospitalize the suspects, which is currently left to psychologists.

Under Japanese law, those with psychological disorders are not held responsible for crimes they commit. While many such suspects are hospitalized at the advice of doctors, they can be released if the psychologists believe it is safe to do so.

While Koizumi's proposal could give courts the power to order the hospitalization of suspects, Moriyama's plan stops short of that. Her plan would give the judiciary a chance to add opinions to those of the doctors.

Participants in a meeting of a joint panel of the Health, Labor and Welfare Ministry and the Justice Ministry also voiced opposition to the premier's plan to revise the Penal Code, saying that it could infringe on the rights of mentally ill suspects.

But Osaka Gov. Fusae Ota said in a meeting with Koizumi at his official residence that she thinks it is necessary for the government to seek changes in a way that will ensure public safety.

''It may be necessary to carry out reviews giving a priority to the safety of society,'' she told reporters after the meeting.