The Legal Definitions of Death (I) : Various Problems Regarding Brain Death

In the Japanese legal system, death is not yet clearly defined, but presumption of death should be considered, including the unexplained absence of a person and the confirmation of death established by civil law. In our criminal code, homicide is applied in the case of a person found to be brain dead, and the crime of assault is applied in the case of a deceased person. Brain death may be termed “invisible death” but we must establish certain criteria to determine brain death. Conventionally, death has been defined as the cessation of life, including the irreversible cessation of cardiopulmonary functions. Recently, mechanical ventilation clearly reveals brain death. Organ transplants are often brought into the discussion of brain death, but I believe these matters should be considered separately. For the legislative establishment of brain death in Japan, I should like to present several matters for certification of death: date of death, final decision-making by the family of the deceased, and a joint commission on brain death.departmental bulletin pape