if a public security organ finds that a mental patient meets the requirements of compulsory medical treatment, it shall write a compulsory medical opinion and transfer it to the people's procuratorate. The people's procuratorate shall apply to the people's court for compulsory medical treatment of mental patients transferred by the public security organs or found to meet the conditions of compulsory medical treatment during the examination and prosecution. In the course of hearing a case, the people's court may make a decision on compulsory medical treatment if it finds that the defendant meets the conditions for compulsory medical treatment.
Before the people's court makes a decision on compulsory medical treatment, the public security organ may take temporary protective and restrictive measures against the mental patients who commit violent acts.
Conditions for applying compulsory medical treatment
The following conditions need to be met when applying compulsory medical treatment: First, compulsory medical treatment can only be applied to mental patients with violent behavior tendency, excluding "literate lunatics". Secondly, no department has the right to send citizens to a mental hospital without a court decision. If a public security organ finds that a mental patient meets the requirements of compulsory medical treatment, it cannot directly send him to a mental hospital, but should write a compulsory medical opinion and transfer it to the procuratorate. The third is the right relief of the coerced. If the parties, victims, their legal representatives and close relatives who have been decided on compulsory medical treatment are dissatisfied with the decision on compulsory medical treatment, they may apply to the people's court at the next higher level for reconsideration. In addition, compulsory medical treatment is not a punishment, and mental illness should be discharged in time after being cured.
I hope the above contents can help you. If you have other questions, please consult a professional lawyer.
Legal basis: "Article 33 of the Criminal Procedure Law of the People's Republic of China * * * *
The people's court shall decide on compulsory medical treatment for mental patients according to the provisions of this chapter.
if a public security organ finds that a mental patient meets the requirements of compulsory medical treatment, it shall write a compulsory medical opinion and transfer it to the people's procuratorate. The people's procuratorate shall apply to the people's court for compulsory medical treatment of mental patients transferred by the public security organs or found to meet the conditions of compulsory medical treatment during the examination and prosecution. In the course of hearing a case, the people's court may make a decision on compulsory medical treatment if it finds that the defendant meets the conditions for compulsory medical treatment.
Before the people's court makes a decision on compulsory medical treatment, the public security organ may take temporary protective and restrictive measures against the mental patients who commit violent acts.