Can I file a case for mental illness and swearing?

If he is an intermittent mental patient and insults others under normal mental conditions, he shall bear civil liability. If you are completely mentally ill, or abuse others when you are mentally abnormal, you don't have to bear tort liability. But you can ask his guardian to perform guardianship duties, or ask the guardian to bear the liability for compensation for neglecting to perform guardianship duties. His behavior does not constitute a criminal offence. 1. Is it illegal to beat a mental patient?

1. It is illegal to hit a mental patient. As long as it is illegal to beat people without causing serious consequences, it is necessary to detain the hitter according to the regulations and ask him to compensate the victim; Those who cause minor injuries or more are suspected of intentional injury.

2. Legal basis: Article 234 of the Criminal Law of People's Republic of China (PRC)

Whoever intentionally harms another person's body shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.

whoever commits the crime mentioned in the preceding paragraph and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or serious disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than 1 years, life imprisonment or death. Where there are other provisions in this Law, such provisions shall prevail.

second, what are the constitutive elements of the crime of intentional injury?

The constitutive requirements of the crime of intentional injury are as follows:

1. It infringes on the physical rights of others;

2. Objectively, it is an act that illegally harms others' health;

3. The subject is a general subject. Any natural person who has reached the age of criminal responsibility and has the ability of criminal responsibility can constitute this crime. Among them, natural persons who have reached the age of 14 weeks to 16 years shall bear the criminal responsibility of intentional injury causing serious injury or death.

4. The form of liability is intentional. The establishment of the crime of intentional injury requires the actor to have the intention of injury, that is, to have the attitude of knowing and hoping or letting the injury result go.

I hope the above contents can help you. Please consult a professional lawyer if you have any other questions.

Legal basis: Article 246 of the Criminal Law of People's Republic of China (PRC) commits the crime of insulting and slandering, publicly insulting others by violence or other means or fabricating facts to slander others, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.