Mental patients who have not completely lost or controlled their capacity for behavior, as well as intermittent mental patients who kill people when they are mentally normal, should bear criminal responsibility.
First, is it illegal for mental patients to kill?
1. Psychotic homicide is an illegal and criminal act, but it can be exempted from criminal responsibility according to law. According to the relevant laws of our country, no one has the right to deprive others of their right to life and health, and intentional homicide will constitute the crime of intentional homicide. However, it is still illegal for neurotic patients to intentionally kill people without being able to control or identify their own behavior, which is verified by legal procedures and does not bear the corresponding criminal responsibility.
2. Legal basis: Article 18 of the Criminal Law of People's Republic of China (PRC).
The criminal responsibility ability of special personnel. If a mental patient causes harmful results when he cannot identify or control his own behavior, he shall not bear criminal responsibility if he is identified and confirmed by legal procedures, but his family members or guardians shall be ordered to strictly guard and treat him; 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.
Second, how do family members protect their rights after being injured by mental illness?
The ways to protect the rights and interests of family members after being injured by neuropathy are as follows:
1. The injured person can claim compensation from his family or guardian;
2, you can call the police;
3, directly to the court, demanding compensation for medical expenses, lost time, hospital meals and other expenses.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 18 of the Criminal Law stipulates that a mental patient who causes harmful results when he can't identify or control his own behavior shall not bear criminal responsibility after being identified through legal procedures, 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.