First, patients with mental disorders who should bear full criminal responsibility include the following two categories:
1. "Intermittent mental patients" in normal mental period
According to the second paragraph of article 18 of the current criminal law of our country, if an "intermittent mental patient" commits a harmful behavior prohibited by the criminal law when he is mentally normal, his ability to identify and control his own behavior, that is, his ability to be responsible, is completely available, which does not meet the psychological (legal) standards required by his ability to be irresponsible and to limit his responsibility, so he should bear criminal responsibility for his behavior endangering society.
The mental normality of intermittent mental patients mentioned here refers to the complete remission period of some mental diseases (such as schizophrenia) and the non-seizure period of some paroxysmal mental diseases (such as epileptic psychosis).
The second paragraph of article 18 of the current criminal law clearly stipulates: "Intermittent mental patients who commit crimes when they are mentally normal shall bear criminal responsibility."
2. Most patients with non-psychotic mental disorders
Most patients with non-psychotic mental disorders do not lose or weaken their ability to identify or control their own behavior because of mental disorders, but have full responsibility. Such people should bear all criminal responsibilities according to law. For example, for patients with non-psychotic mental disorders such as neurosis, personality abnormality, homosexuality, sexual abuse, paedophilia, mild mental retardation (stupidity), China's forensic psychiatry theory and appraisal experience believe that most of them have full responsibility, and such people should bear full criminal responsibility for their harmful behaviors according to law.
According to China forensic psychiatry, the main types of non-psychotic mental disorders are:
⑴ ? Various types of neurosis, including hysteria, neurasthenia, anxiety, hypochondria, obsessive-compulsive disorder, phobia, neurotic depression, etc. , in addition to hysterical insanity;
⑵ ? Various personality disorders (including organic personality disorders);
⑶ ? Sexual perversion, including homosexuality, nudism, voyeurism, fetishism, pedophilia, sexual sadism, etc.
⑷ ? Emotional reaction (reactive mental disorder that does not reach the level of mental illness);
⑸ ? Poisoning and withdrawal reactions of addictive drugs that have not reached the level of mental illness;
⑹ ? Hypomania and mild depression;
⑺ ? Physiological drunkenness and simple chronic alcoholism;
⑻ ? Mental diseases that have not reached the level of mental illness, such as sequelae of concussion and epileptic mood disorder;
⑼ ? Mild mental retardation.
Second, in a few cases, patients with non-psychotic mental disorders have also become people with limited or no responsibility.
In judicial practice, those who expose obscenity, voyeurism and fetishism among sexual perverts should be assessed as partially (i.e. mitigated) responsibility because their self-control ability is often obviously weakened;
In rare cases, abnormal personality is under the control of pathological beliefs, and its responsibility ability is weakened or even completely lost. Therefore, the punishment or criminal responsibility of this abnormal personality should be reduced or eliminated.
Another example is hysteria. A few people commit harmful behaviors due to irrational passion and obvious consciousness disorder, and their responsibility ability is weakened (such as hysterical fugue), so they should be exempted from punishment or not bear criminal responsibility.