Judicial expertise of the BMW accident in Nanjing: The suspect suffered from acute transient mental disorder
"On August 31th, according to the judicial expertise office of Nanjing Brain Hospital, a judicial expertise opinion was issued, and the appraisal opinion was:' Wang Jijin suffered from acute transient mental disorder at the time of committing the crime and had the ability to limit criminal responsibility.' At 21: 24 pm on September 6, Sina Weibo, the official microblog of the Traffic Management Bureau of Nanjing Public Security Bureau, Jiangsu Province, reported the latest progress of the "6.21" BMW accident that attracted much attention.
At about 13: 53 on June 21th, 2115, Wang Jijin drove a BMW car and collided with many cars in Qinhuai District, Nanjing, causing two deaths, zero injuries and many cars being damaged. On June 21, Wang Jijin was criminally detained by the branch directly under Nanjing Public Security Bureau on suspicion of traffic accidents. On July 4, the Qinhuai District Procuratorate of Nanjing approved the arrest of the suspect Wang Jijin on suspicion of traffic accidents.
Once the results of the judicial expertise of the suspect Wang Jijin were published, they attracted strong public attention. By 7: 11 pm on September 7th, Weibo's comments had reached more than 6,111, and were forwarded more than 1,111 times. Netizens have questioned, what is acute transient mental disorder? Why emphasize "when committing a crime"? How did this appraisal result come out? The "Legal Daily" reporter interviewed the appraisers of the Judicial Appraisal Institute of Nanjing Brain Hospital exclusively, explaining the judicial appraisal process in detail.
"This is a serious mental illness, which is sometimes seen in clinic"
"Acute transient mental disorder has three major clinical characteristics: acute, transient and psychotic. Acute, refers to the onset process is very urgent, usually within two weeks; Transient means that the duration of the disease is not long, and the whole process is generally within one month; Psychopathy refers to logical reasoning with hallucinations and delusions, which are more common, such as delusions of victimization. " The appraisers of the Judicial Appraisal Institute of Nanjing Brain Hospital told the reporter.
According to the appraiser, those who have the same clinical characteristics as acute transient mental disorder and can find the specific causes will be diagnosed and identified according to the specific causes, such as mental disorders caused by brain organic diseases, mental disorders caused by physical diseases and mental disorders caused by psychoactive substances.
"For example, mental disorders caused by encephalitis belong to mental disorders caused by brain organic diseases; Many people will have hallucinations or delusions after taking drugs or getting drunk, which belongs to mental disorders caused by psychoactive substances. Like these mental disorders, it is possible to find the specific cause of the disease, and the mental disorder characterized by rapid onset, short duration of the disease, psychoticism and no cause of the disease is acute transient mental disorder. " The appraiser said.
The appraiser said that acute transient mental disorder is common in clinic, and it is not a rare disease. Patients with this kind of disease will attack the environment when they get sick. The environment here includes things and people, such as delusional killing, etc., which is more harmful to society.
"The suspect was unusually sensitive and suspicious before the crime"
According to the appraisers of the Judicial Appraisal Institute of Nanjing Brain Hospital, the institute was entrusted by the branch directly under the Nanjing Public Security Bureau on July 3, 2115 to conduct judicial appraisal on the suspect Wang Jijin's "whether he suffered from mental illness and whether he had criminal responsibility when committing a crime".
"In the appraisal procedure, we strictly follow the relevant provisions of the General Rules of Judicial Appraisal Procedure; In the identification of entity content, we strictly follow the relevant standards of China Classification and Diagnostic Criteria for Mental Disorders (CCMD-3). All our appraisers separately read all the files submitted by the public security organs, conducted a mental examination on the appraisers, read relevant video materials from the public security organs as needed, conducted supplementary investigations and asked witnesses. " The appraiser said.
The Traffic Management Bureau of Nanjing Public Security Bureau reported that "according to the abnormal performance of the suspect Wang Jijin before and after the accident, at the same time, according to the requirements of Qinhuai District People's Procuratorate and the application of Wang Jijin's wife to entrust a defense lawyer, the police entrusted ... for judicial expertise in early July." Then, what abnormal performances did the suspect Wang Jijin have before and after the accident?
The appraisal opinion shows that Wang Jijin confessed in the review that "at 11 o'clock, I drove to a gas station on Guanghua Road to refuel, and when I was at the gas station, I dialed 111 for the record, and I felt that someone was setting me up", "Recently, I feel that people have figured out everything in my mobile phone, and I don't know what happened" and "I don't want others to know which way I am taking, and I feel that someone is following me recently".
Wang Jijin's father and grandmother reported that "Wang Jijin is usually in good health, but sometimes he is stimulated. When he is in a bad mood, he will go crazy, call names, say that he wants to kill people, and dance with his hands to hit people, but he has never hit anyone", "This phenomenon began in his teens" and "I have seen it in the village clinic, but I have not detected the cause".
"According to the Standard for Mental Examination in Judicial Appraisal of Mentally Disabled Persons (SF/ZJD1114111-2111), we conducted a mental examination on the appraised person and found that he was conscious, had poor communication, half closed his eyes, loved to ignore him, refused to answer questions, and nodded and shook his head from time to time, during which he wanted to see his family." The appraisers of the Judicial Appraisal Institute of Nanjing Brain Hospital said.
According to the appraiser, driving at a speed of 195.2km/h on urban roads is common in mental disorders caused by psychoactive substances such as drunk driving and drug driving. However, the suspect Wang Jijin doesn't smoke or drink at ordinary times, and there is no evidence that he is taking drugs at present, so drunk driving and drug driving are not considered for the time being, so the diagnosis of mental disorders caused by psychoactive substances with high possibility is ruled out.
"The suspect likes to drive fast at ordinary times, and admits that driving too fast will cause accidents"
According to the appraisal opinion, the suspect Wang Jijin has the ability to limit criminal responsibility. How is this evaluated? According to the appraisers of the Institute of Judicial Appraisal of Nanjing Brain Hospital, according to the Guidelines for Assessing the Criminal Responsibility of the Mentally Disabled (SF/ZJD1114112-2111), it is assessed that the criminal suspect Wang Jijin has the ability to limit criminal responsibility.
In the aspect of legal ability evaluation, the appraisal opinion shows that although Wang Jijin's driving purpose in this case includes explanations such as "I just want to drive around" and "It's better to drive around while sitting in the car", there are also explanations of psychotic symptoms such as suddenly feeling like a dream around before driving, immediately feeling "I can't leave without leaving" and inexplicably claiming that my wife and sister were killed after the case, so it is determined that this driving is affected by diseases.
In addition, Wang Jijin has normal intelligence and has been driving for many years. Any driver knows that driving too fast can cause traffic accidents, which will cause casualties and property losses. Wang Jijin was subjectively negligent and overconfident when he was speeding to 195.2km/h on the roads in the city. For example, he confessed that "I like to drive fast when I drive alone, and I can drill whenever I see a crack" and "the accelerator is under my feet, and I drive fast when I step heavily". These words not only reflect Wang Jijin's emotional response, but also reflect his lack of understanding and attention to the consequences of driving fast. In the review, he said that he was sorry for the victim and was willing to take responsibility. "It was because I was driving too fast that I caused a traffic accident."
"Article 18 of China's Criminal Law stipulates that an intermittent mental patient who commits a crime when he is mentally normal shall bear criminal responsibility. If a mental patient who has not completely lost the ability to identify or control his own behavior commits a crime, he shall bear criminal responsibility, but he may be given a lighter or mitigated punishment. At present, the suspect Wang Jijin has been approved for arrest. How to apply this clause will be judged by the court according to law. " The appraiser stressed that in the face of such a high degree of concern in this case, an objective, fair and scientific appraisal opinion was made after careful inspection and appraisal of every detail.
In this regard, Li Jianming, an expert in criminal procedure law and a professor at the Law School of Nanjing Normal University, said in an interview that people with limited criminal responsibility ability did not completely lose their ability to distinguish right from wrong and control their own behavior, but their ability declined or obviously declined.
Many netizens have questioned the expert opinion "emphasizing" that the suspect Wang Jijin suffered from acute transient mental disorder at the time of committing a crime. Li Jianming believes that "committing a crime" is a common technical term in criminal justice, and the use of "committing a crime" here may cause ambiguity, because "committing a crime" is usually subjective and intentional, which makes people think that the suspect did it intentionally, while Wang Jijin was arrested on suspicion of traffic accident.
"I think' when committing a crime' here, strictly speaking, should refer to the time from Wang Jijin's running a red light until he left with serious consequences. In this process, Wang Jijin should be in a state of mental illness, and it is not like many people understand that mental illness appeared at the moment when it caused serious consequences. " Li Jianming said that Wang Jijin began to run a red light regardless of traffic rules. At that time, he had not crashed into people. It is very likely that he was already in an acute transient mental disorder state at this time, but it has not caused serious consequences. At this time, he was only driving illegally; After causing serious consequences, it is suspected of committing a crime at this time.