First, the crime of mental patients is obviously sudden.
This feature is closely related to the illness of mental patients, that is, the patient's crime is subjectively not controlled by the brain's nervous consciousness, which can be said to be a crime due to illness. Therefore, the crime of mental patients is generally extremely sudden. As we all know, especially those who have a general contact history with mental patients or have witnessed mental patients committing crimes, they are no strangers to the characteristics of such crimes, and they are also a form of crime that is difficult to prevent and extremely harmful to society. The so-called sudden, is completely ruled out regularity. When, where and what crimes are committed are unpredictable and unpredictable. For example, a mental patient who completely lost the ability of behavior recognition and control ran to a hotel kitchen after losing control. Everyone thinks that the mental patient wants to beg for food, but he is not only not interested in getting the food in front of him, but he will chop and jump with both hands, which will lead to serious criminal consequences for hotel employees and diners.
The second is the uncertainty of the criminal object of mental patients.
Judicial practice has proved that most crimes committed by normal people have the specificity of criminal objects except negligent crimes. On the other hand, the crime committed by mental patients is mainly manifested not as an object but as an object of crime. It is especially obvious in the types of mental patients who have completely lost the ability to identify or control behavior and intermittent mental patients, which is the biggest difference between them and those who have partially lost the ability to identify or control behavior. The object of this kind of crime is not people or animals, nor private property or public property, and it is not affected by time, place and environment. Criminals are extremely arrogant when committing crimes, and their harmful consequences are also very serious. For example, a case of a mental patient committing a crime on a bus in 2004 is enough to prove the characteristics of this kind of crime. An intermittent mental patient suddenly jumped up and yelled at strange passengers after he became ill during the bus operation. Unexpected events caused the bus to fall into the valley, causing serious consequences such as car crash and death. Third, the crime of mental patients has regular characteristics.
The crimes committed by these mental patients are mostly intermittent mental patients and some mental patients who have lost the ability to identify or control behavior. That is, because the onset time interval has a certain periodicity, the crime after onset also has a certain regularity. Fourth, the crime of mental patients has the characteristics of serious criminal consequences that normal people can't foresee.
The intensity of crimes committed by mental patients, especially those who have completely lost the ability to identify or control behavior, is amazing. In many cases of mental patients committing crimes, some people can overturn a car, and some people can't even control killing several people, and the consequences of the crime are incalculable. At present, most family members and guardians of mental patients adopt different forms of compulsory guardianship or follow-up to limit their scope of action, so as to prevent mental patients from hurting innocent people or committing suicide by self-mutilation. A considerable number of them have not been treated for a long time, and some practices, such as tying with ropes, chains and cages, are not desirable. However, in order to prevent mental patients from committing crimes and protect public interests, it is much better than letting them go, which is worth understanding.
Fifth, because mental patients are not criminally responsible for committing crimes, they do not have the characteristics of criminal incidental civil compensation.
This feature is consistent with the mental patients who commit crimes because they completely lose the ability to identify or control their behavior when they are intermittent. At present, it has not attracted enough social awareness and attention, and the degree of vigilance is relatively low. Many people mistakenly believe that the family members or guardians of mental patients should bear the responsibility blindly. At least this knowledge and understanding is incomplete and incorrect. Therefore, there is a legal basis for the victim to refuse relief and incidental civil compensation for heavy losses, and vice versa. Extended reading of related knowledge: what does the criminal responsibility of mental patients mean?
The criminal responsibility of mental patients refers to the criminal responsibility of patients with mental disorders after committing harmful acts prohibited by criminal law.
China's criminal law also stipulates different responsibilities for these three levels of criminal responsibility. Among them, mental patients with limited criminal responsibility refer to mental patients who have not completely lost their ability to identify or control their own behavior, that is, mild mental patients, including mental patients with mild mental illness, mental retardation, neurosis and pathological personality. Paragraph 3 of Article 18 of China's Criminal Law stipulates: "A mental patient who has not completely lost the ability to identify or control his own behavior commits a crime shall bear criminal responsibility, but may be given a lighter or mitigated punishment." From the above provisions of the Criminal Law, it can be seen that the criminal punishment for mental patients with limited liability is different from that for criminals with full criminal responsibility and mental patients with no criminal responsibility at all.