この文献の参照には次のURLをご利用ください : https://doi.org/10.15027/53717
廣島法學 46 巻 4 号
2023-03-15 発行
医療観察法に関する最高裁判所裁判例の検討
The Examination on the Judicial Precedents of the Supreme Court of Japan on the Act on Medical Care and Treatment for Persons Who Have Caused Serious Cases Under the Condition of Insanity.
中島 直
Abstract
Inpatient care based on the Act on Medical Care and Treatment for Persons Who Have Caused Serious Cases Under the Condition of Insanity is prolonged. The author searched and examined judicial precedents to find out what kind of role the Supreme Court of Japan plays. After reviewing nine cases, it was found that the Supreme Court expanded the scope of this law, ignored the opinions of medical professionals, and declared it constitutional without sufficient consideration. The author believes this law would best be repealed immediately, but anyone involved with this law, whatever their position, needs to face this reality.
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