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4. Act on Medical Care and Treatment for Insane or Quasi-insane Persons Who Have Caused Serious Injury to Others
On July16,2003,the Act on Medical Care and Treatment for Insane or Quasi-insane Persons Who Have Caused Serious Case(Law No.110of2003)was promulgated.The purpose of this Law is to provide proper and continuous medical treatment and to implement observation and guidance necessary to secure the medical treatment,with the aim of improving their disease,preventing their recommitment of similar serious offenses,and of promoting their social rehabilitation.
Under this Law,where a person who has committed a serious offense such as homicide,robbery,rape,bodily injury,and arson is(i)not prosecuted on the ground of being insane or quasi-insane,or(ii)found,by final and conclusive judgments,not guilty on the ground of being insane or given a mitigated sentence on the ground of being quasi-insane(excluding the case of sentence without suspension),a collegiate body in a district court consisting of a judge and a mental health examiner(psychiatrist)shall,on application of a public prosecutor,hold a trial with regard to the necessity of medical treatment(by hospitalization or as outpatient)and the details of such treatment,and make a decision on these matters based on an agreement between the two.
A person who is given a decision of hospitalization(decision to hospitalize the person for medical treatment)shall be hospitalized in a designated medical institution and receive detailed and specialized treatment.During the period of hospitalization,a probation office shall make arrangements for the person's living conditions after discharge from the hospital.A person who is given a decision of outpatient treatment(decision to have the person receive outpatient treatment)or is allowed discharge from hospital shall,for3years in principle,go to a designated medical institution to receive outpatient treatment and be subject to mental health supervision by a probation office(rehabilitation officer).
Except for some provisions,the Law will enter into force on the date determined by a Cabinet Order within2years from the date of promulgation.Necessary preparatory measures are being taken for its enforcement.