According to the provisions of Article 18 of the Criminal Law of People's Republic of China (PRC), if a mental patient causes harmful results when he can't identify or control his own behavior, and is confirmed by legal procedures, he 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.
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Case: A drunk man mistakenly entered the ladies' room and saw someone sexually assaulting a pregnant woman.
65438+1At 9 o'clock on the evening of October 6, next to a construction site in Jiangpu Street, Pukou, Nanjing, a man, Huang, was drunk and accidentally broke into the women's toilet and sexually assaulted a pregnant woman. At present, Huang has been criminally detained on suspicion of rape.
That night, Huang, a 24-year-old man from Sichuan, met two friends in a room next to Jiangpu Street. During the dinner, Huang drank about half a catty of white wine. On the way back to the dormitory, Huang was in a hurry to urinate, but she mistakenly entered the ladies' room because of drunkenness. She looked up and found a single woman inside.
When the woman found a man breaking into the ladies' room, she was scared for a while and shouted, "This is the ladies' room. What are you doing here? "She thinks she can scare people away. Unexpectedly, drunk Huang did not withdraw because of the woman's crying. He was so anxious to turn off the lighting in the toilet that he went to the woman and began to pull her with the intention of making trouble.
It is reported that Xiao Shen, a woman who goes to the toilet, is the wife of a worker in a nearby construction site. She and her husband do odd jobs on the construction site. Now she is six months pregnant. When I went to the toilet at night, I accidentally met Huang and broke into the house. I was scared to see Huang's hands and feet.
"I'm pregnant, don't hurt the baby in my belly!" Worried that Huang would do something to hurt her, she started shouting and tried to run to the door. However, he was held by Huang and hugged.
Xiao Shen fiercely resisted and shouted for help. When Huang relaxed, he rushed out of the toilet. And her shouts also attracted the attention of the surrounding residents, who rushed out to see what had happened. Huang found someone flushing the toilet and fled the scene in a panic.
Soon, the police of the local Zhujiang police station received an alarm, and the police locked the suspect as a worker Huang in the early morning of the next day. When the police went to the dormitory to arrest the suspect Huang, he was still asleep. After being brought to justice, Huang admitted the fact that he wanted to rape after being drunk.
People's Daily Online-A drunk man mistakenly entered the ladies' room and saw someone with malicious intent to sexually assault pregnant women.