2. Intermittent mental patients who commit crimes when they are mentally normal shall bear criminal responsibility;
3. A mental patient who has not completely lost the ability to recognize or control his own behavior commits a crime and shall bear criminal responsibility.
Secondary mental illness shall bear criminal responsibility under the following circumstances:
1. 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;
2. Intermittent mental patients who commit crimes when they are mentally normal shall bear criminal responsibility;
3. A mental patient who has not completely lost the ability to recognize or control his own behavior commits a crime and shall bear criminal responsibility.
How to deal with the attempted crime of mental patients
People with a history of mental illness commit crimes. The crime is mental illness, and those who can't identify their own behavior after identification will not bear criminal responsibility, but will be given compulsory medical treatment. If there is no disease at the time of committing the crime, it will be punished as attempted crime.
I hope the above questions can help you. If you have other legal questions, please consult a professional lawyer.
Legal basis: 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 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.