Question from a reader:
If I give someone a “dekopin,” could I be prosecuted? I’ve heard that even minor crimes like assault can sometimes lead to non-prosecution, but specifically, what kind of actions could lead to prosecution? Of course, I have no intention of actually doing it.

Dekopin and the Law: Is Prosecution Possible?

Hello! Today, I will answer a rather
unusual question. The theme is, “Could I be prosecuted for giving someone a dekopin?” Dekopin, which means to poke someone lightly on the forehead with a finger, is generally seen as a light-hearted joke or play, but how does it hold up legally? I personally have fond memories of playing dekopin with friends when I was younger.

What is Dekopin?

First, let’s review what dekopin is. Dekopin is the act of lightly poking someone on the forehead with a finger, and it is often done as a joke or play. It’s a common sight among children or friends. However, how this is evaluated legally can be a bit complicated.

Dekopin from a Legal Perspective

In Japanese law, “assault” against another person is defined in Article 204 of the Penal Code. Assault refers to “inflicting violence on a person,” but the key point here is how much “violence” is involved. Dekopin is usually light and often does not cause pain, but how would it be evaluated if the other person feels uncomfortable or suffers a minor injury? In fact, if the person who receives a dekopin feels, “That’s violence!” they might consider reporting it to the police. If someone feels uncomfortable about being poked on the head, there is a possibility they could seek “damages” through a civil lawsuit.

Possibility of Prosecution

Now, let’s consider the possibility of prosecution if you actually give someone a dekopin. Legally, for an assault charge to be established, “intent” is necessary. In other words, if there is no intention to inflict harm, it is often seen as mere play. However, depending on the person, this play might not be accepted as just a joke. For example, let’s say one day you are having fun with a friend and give them a dekopin. Your friend might be surprised for a moment, then laugh and jokingly say, “Stop it!” In this case, there would likely be no problem. However, if that friend feels “that hurt” or “I was injured” and exaggerates their reaction, it is possible they could report it to the police. Japanese law states that even minor crimes can be subject to arrest or prosecution, so caution is necessary. However, generally speaking, minor assaults are often not prosecuted. This means that in typical cases, light actions like dekopin are unlikely to lead to immediate prosecution.

Real Case Example: Dekopin and What Followed

Let’s look at a real case. Person A and Person B are close friends who occasionally play dekopin with each other. However, one day when Person A gave Person B a dekopin, Person B felt an unexpected amount of pain. Feeling that it was not just a joke, Person B later reported Person A to the police. In this case, Person A could potentially be prosecuted for assault. However, since Person A had no clear intent to harm, they were ultimately not prosecuted. In other words, while there was a legal issue, the actual handling of the situation was minor, and it ended without serious consequences.

Conclusion: Fun Play Comes with Risks

Even light actions like dekopin can provoke unexpected reactions from others, so it’s important to keep that in mind. While having a playful spirit is great, considering the feelings of the other person is crucial. Personally, I believe that light-hearted play among friends is enjoyable, and if the other person is receptive to it, I hope you have a lot of fun. However, if the other person shows signs of discomfort or has a serious expression instead of a joking one, take a moment to pause and think. “Is this really okay?” From a legal perspective and in building relationships, understanding each other’s feelings is essential. Finally, for those who might have even a slight desire to try dekopin, please enjoy it while being mindful of the other person’s reactions!