Article 39 of Japan’s Penal Code states that a person cannot be held responsible for a crime if they are found to be “insane” though a person who commits a crime during a period of “diminished responsibility” can be held accountable and will receive a reduced sentence. Yoshimitsu Morita’s 1999 courtroom drama/psychological thriller Keiho (39 刑法第三十九条, 39 Keiho Dai Sanjukyu Jo) puts this very aspect of the law on trial. During this period (and still in 2016) Japan does nominally have the death penalty (though rarely practiced) and it is only right in a fair and humane society that those people whom the state deems as incapable of understanding the law should receive its protection and, if necessary, assistance. However, the law itself is also open to abuse and as it’s largely left to the discretion of the psychologists and lawyers, the judgement of sane or insane might be a matter of interpretation.
The case at the centre of the film centres around a young actor, Masaki Shibata, who has confessed to the murder of a pregnant woman and her husband after he argued with the woman at her place of work. Shibata acts strangely and makes a point of asking for the death penalty before spouting off about angels and demons and later displays evidence of a split personality. Everyone seems convinced he’s suffering from MPD and committed the murders during a dissociative episode but the assistant psychologist is convinced he’s faking. At the same time, one of the lead policemen on the case also thinks there’s more to this. On investigating further, he discovers the strange irony that the murdered man himself escaped prosecution by reason of insanity after committing a horrifying crime that lead to the death of a six year old girl.
The film may be about a murder but what’s really on trial here is the law itself. The murdered man, Hatada, committed a heinous crime but was a child himself at the time so received only a brief sentence served in a hospital. He was released, went to university, got a good job and got married – a normal life. The family of the little girl he killed, by contrast, will never be able to return to normality and will continue to live in torment for the rest of their lives knowing the man who so brutally took their child from them is still out there living just like one of us. The film does not go into why Hatada committed the original crime or the reasons he was later declared fit to return to society, but the film wants to question the idea of releasing back into the world someone who has done something as horrifying as the rape, murder and dismemberment of a child.
The case at hand is a complicated one which has so many layers coupled with twists and turns that it becomes unavoidably confusing. Playing with several literary allusions from the frequent quotations from the “mad prince” Hamlet to naming the assistant psychologist “Kafuka”, Keiho also wants to delve deep into human psychology with its questions of identity and self realisation. Both the accused and the psychologist have deeply buried memories of trauma the suppression of which has cast a shadow through the rest of their lives. Both of them are, in a sense (even if not quite in the way it originally appears), haunted by a shadow of themselves.
When it comes to the procedural aspects, the final “twist” is a step too far and perhaps undermines the groundwork which has gone before it. Something which is presented as an elaborate revenge plot against both the state and the original instigator of a crime also appears to originate with a clumsy motion of self preservation. The state’s failure to properly deal with the criminal in the first case has resulted the death of another innocent bystander, all of which might have been avoided if Article 39 had not come into play.
Kafka-esque is, in fact, a good way to describe the circularity of the narrative as the notion of an insanity plea becomes a recurrent plot device. Backstories are constructed and discarded, identities are shed and adopted at will and the past becomes a thorn in the side of the future that has to be removed so everyone can comfortably move on. Morita relies heavily on dissolves to create a floating, dreamlike atmosphere as memories (imaginary or otherwise) segue in and out like tides but he also shows us images reflected in other surfaces such as the Strangers on a Train inspired sequence which literally shows us events through someone else’s eyes as we’re watching them reflected doubly on the lenses of a pair of sunglasses.
Difficult, complicated and ultimately flawed Keiho proves an elusive and intriguing piece that is put together with some truly beautiful cinematography and interesting editing choices. Fascinating and frustrating in equal points Keiho is another characteristically probing effort from the wry pen of Morita which continues to echo in the mind long after the credits have rolled.
Keiho is available with English subtitles via HK R3 DVD as part of Panorama’s 100 Years of Japanese Cinema Collection.
“Why do we have to make such sacrifices for our children?”. It sounds a little cold, doesn’t it, but none the less true. Yoshimitsu Morita’s 1983 social satire The Family Game (家族ゲーム, Kazoku Game) takes that most Japanese of genres, the family drama, and turns it inside out whilst vigorously shaking it to see what else falls from the pockets.
In late June of 1945, one woman is escorting another through a US checkpoint in Berlin. The young American soldier is somewhat cocky and feigns an officious sort of suspicion that causes him to demand the bandaged woman reveal her face – just to be sure. The obvious agony she feels just beginning to unwind the various layers which hide her identity is enough to convince him that he’s made a cruel mistake and he lets the pair pass.
Sogo (now Gakyruu) Ishii was only 20 years old when Nikkatsu commissioned him to turn his smash hit 8mm short into a full scale studio picture. Perhaps that’s why they partnered him with one of their steadiest hands in Yukihiro Sawada as a co-director though the youthful punk attitude that would become Ishii’s signature is very much in evidence here despite the otherwise mainstream studio production. That said, Nikkatsu in this period was a far less sophisticated operation than it had been a decade before and, surprisingly, Panic High School (高校大パニック, Koukou Dai Panic) neatly avoids the kind of exploitative schlock that its title might suggest.
Kon Ichikawa turns his unflinching eyes to the hypocrisy of the post-war world and its tormented youth in adapting one of Yukio Mishima’s most acclaimed works, The Temple of the Golden Pavilion. Inspired by the real life burning of the Kinkaku-ji temple in 1950 by a “disturbed” monk, Enjo (炎上, AKA Conflagration / Flame of Torment) examines the spiritual and moral disintegration of a young man obsessed with beauty but shunned by society because of a disability.
John Woo is best known in the West for his “heroic bloodshed” movies from the ‘80s in which melancholy tough guys shoot bullets at each other in beautiful ways. However, he had a long and varied career even before which began with Shaw Brothers and a stint in traditional martial arts movies. What often gets over looked outside of Woo’s native Hong Kong is his many comedies, of which The Pilferer’s Progress (AKA Money Crazy, 发钱寒, Fa Qian Han) is one of his most successful.
Sogo Ishii (now Gakuryu Ishii) was one of the foremost filmmakers in Japan’s punk movement of the late ‘70s and ‘80s though his later work drifted further away from his youthful subculture roots. Perhaps best known for his absurdist look at modern middle class society in The Crazy Family or his noisy musical epics Crazy Thunder Road and Burst City, Ishii’s first feature length film is a quieter, if no less energetic, effort.
Windows on Worlds 