Does Alzheimer's crime need to bear civil liability or criminal liability?

Alzheimer's crime generally does not need to bear civil or criminal responsibility, but depends on the specific situation. Mainly depends on the criminal suspect's ability to identify and control when committing a crime. Alzheimer's disease may affect the criminal suspect's two abilities, so that he does not have the ability of criminal responsibility when committing a crime, or he does not have the ability of full criminal responsibility, so that he does not have to bear or bear criminal responsibility at all.

Legal analysis

A mental patient who can't identify his own behavior is a person without civil capacity. The civil act of a person without civil capacity is invalid, and the most important thing is to have a medical appraisal. You can ask the court to prove the patient's condition. If a person is incapable of criminal responsibility, he may not bear legal responsibility, but his family members have the obligation to compensate the victims for related losses and bear the obligation of discipline and protection. For crimes committed by the elderly, we should fully consider their motives, purposes, plots, consequences and repentance, and combine their personal danger and the possibility of recidivism, and give them a lighter punishment as appropriate. Old people also need to bear criminal responsibility for committing crimes, even for special groups, which is inevitable, but what kind of punishment they need to bear depends on the specific case. Older people who have reached the age of 75 and intentionally commit crimes may be given a lighter or mitigated punishment. Those who commit negligence will be given a lighter punishment. The death penalty is not applicable to the elderly who have reached the age of 75 at the time of trial, except those who have caused death by particularly cruel means; Sentenced to fixed-term imprisonment of not more than three years, and those who meet the conditions will be suspended.

legal ground

Article 18 of the Criminal Law of People's Republic of China (PRC) * * * A mental patient who causes harmful results when he can't identify or control his own behavior, and is confirmed by legal procedures, shall not bear criminal responsibility, but his family members or guardians shall be ordered to take strict care and medical treatment; When necessary, the government forces medical treatment. Intermittent mental patients who commit crimes when they are mentally normal should 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. A drunken person who commits a crime shall bear criminal responsibility.