Death Note – Charapedia interviewed, Yoshiyuki Iwaka a lawyer to find out if Death Note’s “Light Yagami’s” actions are within the boundaries of law or not? We are aware of the fact, that in Anime Death Note all murders happens through a book – Light writes a person’s name in the book and he dies in some or another way.
L – The private detective, somehow finds out that Light is connected to killings, and the killings happened when he wrote people’s name in strange book called Death Note. This time we find out was Light really a Vigilante or just another a psychopath character who thought that his actions were right?
Death Note – Are light yagami’s action within boundaries of law??
Question 1 – With the current Japanese law would it be possible for a homicide ruling? and if a criminal confesses that he wrote a person’s name in a notebook and killed that person, is enough evidence?
Answer – The murders in death note are caused when Light yagami, write a person’s name in a book called “Death Note.” However, in general terms the act of writing a person’s name in a book is not a dangerous act that will cause a person to die. Even in an on-going trial the judge won’t even acknowledge or recognized the death of the victim.
Also regarding the criminal confessing his crime, According to Article 319 of the Criminal Procedure Code which stipulates that “the accused is not convicted if the confession is the only evidence that is detrimental to himself, whether or not it is a confession done in the courtroom.” So the bottom line is even if he confesses to murders he won’t be guilty.
Question 2 – So what if i wrote someone’s name in an ordinary book and that person dies few days later, will i be charged for it?
Answer – No you won’t be charged for it, writing someone’s name in an ordinary notebook is not a dangerous act, and if that person dies few days later does not make direct relation to the act of writing name in the book. So basically since the act of writing name in notebook is not directly related to a person’s death, you won’t be charged for it.
Question 3 – If we do not consider death note, but is it possible to kill a person by cursing or brainwashing? can this be called the violation of law?
Answer – For cursing, it would be difficult to prove the murder, because its difficult to prove the danger of act and the relationship to death of person as explained earlier. On the other hand in case of brainwashing there is a possibility that murder charges could be established. There are crimes where a person dies due to some sort of mental pressure and violence as they are induced to committing suicide. Then it would become an indirect cause of death. The crime is punishable and the penalty would be executed if the person uses another person (which includes the victim) to commit the act even without direct action.
Question 4 – Finally if the crimes in Death note occurs in real life, how we are going to catch the criminal in real life with the current Japanese law?
Answer – If such thing really happens then it just comes down to two things, the danger of act, and the casualty. It difficult to judge the killings done by death note as the crime will become useless, since its not directly related to the victim’s death and the relation between victim and criminal is not proven. If this can be proven them there is no need to make new legislation.
So the bottom line is – The act of murder is not legal, but its impossible to prove Light Yagami’s direct influence on the death of the person, since he is not present at the location where the person died. So even if he had the intentions and confessed the act of killing a person by writing his/her name in death note then that evidence cannot be held liable for the act.
Considering this interview session of Charapedia and Yoshiyuki Iwaka, now i am really thankful that there is no thing like death note in real life.