Question from a reader:
I have heard that in Japan, if a bystander restrains a perpetrator during a random stabbing incident and injures them, they could be charged with assault. Is this true?

The Relationship Between Random Stabbing Incidents and Assault Charges

Recently, random stabbing incidents have been occurring frequently in Japan. Among these, I have heard that when ordinary citizens attempt
to restrain the perpetrator, there is a possibility that they could be charged with assault if they injure the perpetrator. I have tried to organize my thoughts on what legal perspectives should be considered regarding this issue.

The Background of Random Stabbing Incidents

First, let’s touch on random stabbing incidents. Such events happen suddenly, and the victims are often completely unrelated individuals. When these incidents occur, the people around them are usually confused and unsure of what to do. If I were present at such a scene, how would I act? Honestly, fear might take precedence. While I might feel a desire to help, there is also anxiety that my actions could result in injuring someone.

Looking at It from a Legal Perspective

Japanese criminal law recognizes the right to self-defense. However, there are conditions attached. Specifically, it is required that one “retaliates within the minimum necessary limits.” This “minimum necessary” aspect is tricky, as what qualifies can vary case by case. For example, if the perpetrator is armed with a knife, it might be permissible to subdue them. However, if excessive force is used and the perpetrator ends up injured, there is a risk that it could be judged as exceeding the “minimum necessary,” leading to the application of assault charges.

Considering Actual Scenarios

Let’s assume I am at the scene of a random stabbing incident. If I witness someone being stabbed, despite my fear, an impulse to help would likely arise. I might rush over and attempt to restrain the perpetrator. However, in the heat of the moment, if I apply too much force and cause significant injury to the perpetrator, the question arises: to what extent is my action permissible as self-defense? In this hypothetical situation, if I were to injure the perpetrator, how would the people around me judge my actions? If someone at the scene calls the police, by the time they arrive, the situation could be quite complicated. Even if I believe I acted “for justice,” it is unclear how the law would evaluate my actions. This is because, for the right to self-defense to be recognized, the actions must fall within the bounds of “justifiable defense.”

The Psychological Aspect

From a psychological perspective, such situations are extremely stressful, making it difficult to make calm judgments. When faced with fear and tension, people often find their thoughts scattered and struggle to think clearly. Taking action to help someone during a random stabbing incident generally requires courage. However, knowing that such actions could lead to legal risks would likely make it even harder to act. Considering how I would feel if I were at the scene of a random stabbing incident, I think it would be challenging to muster the courage to act. If I chose not to act, I might be plagued by regret or guilt. Conversely, if I did take action and ended up injuring someone, the potential legal issues would present a very difficult choice.

Conclusion and Reflection

In random stabbing incidents, restraining the perpetrator is a courageous act, but how that action is evaluated legally is very complex. Even when self-defense is recognized, there is a risk of assault charges if excessive force is used, so caution is necessary. In such situations, the most important thing is to maintain composure. One should act within their capabilities and avoid using excessive force. However, in reality, it is difficult to remain calm during emergencies. As random stabbing incidents continue, we must understand these legal risks and act cautiously while also being courageous. By knowing how the law applies, we can equip ourselves with means to protect ourselves. Above all, I feel it is essential to maintain our human conscience and sense of ethics, making calm judgments in these challenging times.