Ten years have passed since the Act on Criminal Trials with the Participation of Saiban-in (Citizen-judges) was enforced. In Saiban-in trials, the trial procedure changes greatly such as the necessity of pretrial conferences prior to the first trial date, daily opening of court hearings, and thorough orality. In addition, implementation of psychiatric examinations of criminal responsibility significantly changes. Examinations at the request of the court are carried out during the pretrial conference procedure. As there is a demand for simplification of psychiatric reports, a format for psychiatric reports has been proposed and psychiatric reports based on this format have increased. However, due to thorough orality, the psychiatric examiner reports his/her conclusion at the appraisers' interrogation. Although the number of criminal responsibility appraisals has increased, that by psychiatrists who have insufficient skills has also increased. A new debate over criminal responsibility has been introduced by Saiban-in trials, and issues from the viewpoint of psychiatry are discussed.
Author's abstract
Change in Psychiatric Evaluation after Enforcement of the Saiban-in (Citizen-judge) System
Department of Law and Psychiatry, Center for Forensic Mental Health, Chiba University
Psychiatria et Neurologia Japonica
123: 20-25, 2021
<Keywords:saiban-in (citizen-judge) system, psychiatric examination, criminal responsibility, forensic psychiatry>