No charges for man held in Anne Frank diary vandalism case

Japanese prosecutors, however, have decided not to indict the unemployed man after a psychiatric examination determined he was mentally incompetent at the time, Jiji Press news agency said, quoting sources familiar with the case.

So did they institutionalize him/get him help, or just let him walk? My guess is that it was the latter.

Japanese prosecutors, however, have decided not to indict the unemployed man after a psychiatric examination determined he was mentally incompetent at the time

so how's his mental condition now? fit to visit libraries again or explore some other spots (?!)

Don't buy it!!!! ----------------He did not RANDOMLY destroy public property . . . .there was a clear , deliberate calculation . . . . Mentally deranged person's behavior is not so regulated - - it is haphazard. ......

Well, his brain was working enough to pinpoint a certain book and follow directions to each library he went to.

While it previously appeared to be a calculated act, I am relieved to know that the vandalism was carried out by one person who has lost control over his mental faculties. I sincerely hope he will get the help he needs, and can return to a normal life.

Perhaps his acts will spur more young people to read Anne's diary.

Ah, spamers, at least they know his face, just all libraries need to have his photo, and its ok .

Some commenters were shouting "hate crime" from the beginning, but others like myself were correct. "Could be just a very disturbed person." was my comment Feb. 22nd.

The authorities no doubt concluded that his presence in a penal institution would be disruptive to the enforcement of order and decided to let him loose on Japanese society, where most people are so self-absorbed hardly anyone is likely to take notice of batty behavior.

This is a hate crime, he should be punished.

This is strange! I agree that if he has a mental problem he should not be jailed, but there is no mention of any counselling or any form of help for him. He's just let out into society to do whatever his twisted little mind comes up with next. Let's hope the next time gets wacky it is not a violent crime.

Some commenters were shouting "hate crime" from the beginning, but others like myself were correct. "Could be just a very disturbed person." was my comment Feb. 22nd.

And I, like some other posters, had no idea who was responsible, wasn't there and didn't see anything, and so I kept my mouth shut.

Will the Israeli Embassy in Japan (who were urging Japanese authorities to bring the perpetrator to justice) now urge that some punishment be imposed for anti-semetic (hate) crimes, or can they respectfully honor the court's ruling that the defendant is mentally incompetent? This whole incident was much ado about nothing. For all the public knows the defendant may be borderline psychotic and living out some fantasy that he could time travel into a scrapbook world of ripped pages that he taped onto the walls of his personal blue plastic tent shelter by the river. Who knows what he was thinking? Mystery solved - case closed - end of story.

No name, no real information. Just an agreement between the prosecutors and judge that the perp should be let off. Nothing on who said he was incompetent "then", so is he ok now? Seems a little to convenient.

And you or other posters would be flipping out if they did decide to prosecute a mentally incompetent man.

This nut job can decide to torcher some animals next time or even kill some people if he is mentally ill he should be locked down he is not belong to society

i'm sure the ADL is having conniptions right now.

So is this nutcase now in a mental care institution, or is he wandering the streets with scissors and knives looking to move on from vandalising books to cutting up people?

You got to be kidding me! At least give him a kick in the butt! Maybe that helps him getting his mentality in order.

gogogo wrote: [This is a hate crime, he should be punished.]

If historical documents or artifacts in a museum or private collection are destroyed; or if a public building or its contents are defaced with symbols or language then prosecutors can bring hate crime charges and possibly prevail. In such circumstances the requisite (hateful) intent can be established by proxy in the design to destroy unique property with significant associations to a hate targeted group; or by message(s) communicated (left) by the perpertrator in defacing public property. On the other hand, ordinary destruction, theft or mutiliation of public library property is simply vandalism regardless of what was damaged or taken. Even if hundreds of thousands of illustrations of religious symbols are cut out from library books by some miscreant on a mission the necessary elements of a hate crime are lacking. Prosecution for hate crime charges in the present case had no chance of a conviction.

@CGB Spender

At least give him a kick in the butt!

OUCH ! (That's where he keeps his brains...)

Well of course he's mentally incompetent. He's a right wing nut job.

No charges for man held in Anne Frank diary vandalism case

The story is missing a detail, he was arrested in March and has been held since then. So, after two months they determined that he was in fact a loon.

I know, I know all you far left wingers were certain the culprit had to be Prime Minister Abe, a member of Abe's cabinet, a far right extremist or a group of far right extremists.

But, sadly for your conspiracy theories he wasn't.

The person who committed this act of vandalism was a loon.

Badge213Jun. 20, 2014 - 11:23AM JST And you or other posters would be flipping out if they did decide to prosecute a mentally incompetent man.

If Japan had decided to go after this guy the Japan haters would have called Japan barbaric. It's always a damned if they do damned don't situation for the far left wingers here.

gogogoJun. 20, 2014 - 09:22AM JST This is a hate crime, he should be punished.

How can you prosecute someone who doesn't understand what they did was wrong?

horizon360Jun. 20, 2014 - 04:39PM JST gogogo wrote: [This is a hate crime, he should be punished.]

Prosecuting people who don't understand what or why they are doing something isn't justice, it's a crime.

ScroteJun. 20, 2014 - 12:55PM JST So is this nutcase now in a mental care institution, or is he wandering the streets with scissors and knives looking to move on from vandalising books to cutting up people?

I hope he is in a facility where he can find help for his problems also.

When even the Japanese judicial system judges someone to be mentally incompetent you can be sure he is not well in the head. In retrospect, thank goodness he destroyed books rather than people.

All posters above have missed the point: "Japanese prosecutors, however, have decided not to indict". This means all charges dropped-he walks. Scott free. Would any other DA in the civilized world not at least plea bargain for mental health counseling? Restitution? A simple letter of apology? Nothing at all???? This DA has dropped all charges for a reason. Think about it. What could be the reason? There is an agenda going on in this country that is scarier than 1933.

An indictment means to formally bring legal charges.

If someone is crazy -- not mentally competent to stand trial-- it means he is not capable of being guilty of a crime because he cannot understand what it means to be guilty.

The article does not say if he walks or not. It is possible that if the shrinks determine he is no longer crazy, he could walk. Or they could lock him up for psychiatric treatment.

Many were initially claiming that because of the scale and precision of the vandalism this could not have been carried out by one person. And now we learn that he is not even mentally competent.

Something isn't right.

1) Why do other websites in English discussing this issue elude to that this guy is a patsy. and 2) That a group exist in Japan that wants to remove such literature "in Japanese" but if in English has lesser pervasive influence. 3) The political significance of the book itself, particularly for its high availability in Japanese in Japan. 4) The historical relationship with Japan and Germany

and: @ Chadwick "the scale and precision of the vandalism this could not have been carried out by one person. And now we learn that he is not even mentally competent. Something isn't right." = Iagree

And also how many Jewish groups were intertested in the vandalising of those books as noticed on the web. And the significance of the case outcomes, as compared to the deemed more serious JN crimes with increased occurrence; notwithstanding those involving foreigners, and their judicail outcomes.

hmm makes one ponder why the books were targeted on such a scale in the first place.

JTDanMan, return to your Criminal Law 1 Book. In order to be found mentally incompetent for trial the DA must First indict and then the Defense Atty can make such a motion. No indictment means no charges. No court. No Defense Atty. No Nothing. We are speaking English here. In my country AND in yours this dude would be charged with 30 counts and would plead out to mandatory in-patient commitment and then long term treatment. Only in Japan is he scott free and planning his next books that he wants the truth removed from.

He knew who Anne Frank wad, and a decision to deface books depicting her. Anne Frank people, not exactly the first pick for reading when it comes to the mentally incompetent, more than likely it was some kind of unchecked obsessive compulsive hate spree, by an otherwise very sane but strange soul, with anti semetic views. I am just glad the books were replaced. Peace

JTDM, how can one plead to something he has not been charged with? Either the DA charges directly and holds a Prelim or an indictment is handed down then the defendant can plea. You have things bass ackwards " United States jurisdictions that use grand juries, prosecutors often have a choice between seeking an indictment from a grand jury and filing a charging document directly with the court. I got an A in Crim 1 at Harvard and did not go to the University of Aruba for my JD. And back to the point, no CIVILIZED nation in this world would let this terrorist walk uncharged. Ergo... And there is prosecutorial discretion in both common and civil law. In Canada and all of Europe this would be a very serious Hate Crime Felony. In the US and AU this would get him committed for mental health treatment. In 1933 he is a hero ready for his next greater escapade. Let us all just wait and see which shoe will drop next.

@ ilbonjokpal

"... No CIVILISED nation in this world would let this terrorist walk uncharged....."

Uh... if he's mentally ill, as he clearly is, then any civilised country would seek treatment for him, not bring charges.

Seek treatment.....never. Court enforced mandatory in-patient treatment....yes. At the very bare minimum. And what about finding his accomplices? They just assume a mentally incompetent terrorist could plan and carry out such a complicated well coordinated attack alone? Out the door he goes????????????? More will follow and I will buy you dinner if it doesn't.

You can only enter a plea when you have been charged: guilty, not guilty, or nolo contendre. Confessing to a lesser charge is done during plea bargaining after being charged. This terrorist was not charged but let go. He is but the first of many more to come. The whole world is shocked but you. Throwing out red herrings about differing civ pro is meaningless to this case. If you actually do have a JD you know there is no habeas corpus in Japan for 21 days. And a 99% confession rate after sitting upright in a chair kept awake surrounded by cops with no lawyer and smoke being blown in your face. And, I have PERSONAL (brutal and physical) experience with Japan's wonderful legal traditions and the fair and equal treatment they permit. I feel equally as safe in the DPRK. You may want to re-read my posts above. Most of the EU does not have common law. He would have been charged with a felony hate crime. How do you equate this with dismissing civil vs common law? I will buy you your free dinner in Aruba if this guy turns out to be slightly mentally imbalanced with an elaborate plan of attack across wide swaths of Japan and was just a poor misguided guy acting alone who needs no public intervention by the authorities. Don't miss any meals waiting.