In China's criminal law, the definition of limited criminal responsibility is the subject who has the ability to bear criminal responsibility, but can be given a lighter or mitigated punishment. This is the case with the woman in this case.
1, she said she was helping her husband get rid of it.
This Chengde woman's surname is Zhang. On the day of the crime, Ms. Zhang's son returned to her parents' home 1 1 and found her father dead. His mother, Ms. Zhang, told her son that she personally killed his father. At that time, Ms. Zhang's son was stunned by the scene in front of him. He confirmed this fact to his mother many times, and her mother replied with great certainty that she did kill her husband, but when? At this time, Ms. Zhang's son quickly called relatives and friends, and at the same time called the police and called 120 emergency number. While waiting, Ms. Zhang's son found that her father had a lot of blood on his neck and several obvious knife wounds on his head. After the police and emergency doctors confirmed that her father had died, the police took Ms. Zhang away. During the trial, Ms. Zhang simply admitted the fact of her murder. When she said this, it was put forward by her husband. Because her husband said that her feet hurt and she didn't want to live, she asked Ms. Zhang to commit suicide or jump into a well, so that she wouldn't suffer from the disease again.
But this is not the case. According to Ms. Zhang's son, Ms. Zhang has been wanting to move recently because she said a thief had entered her house, but Ms. Zhang's son didn't see anyone else in the surveillance. He thinks that her mother is delusional about persecution, and she is particularly angry. Sometimes she doesn't talk to others for a long time. At first, Ms. Zhang admitted to killing herself, and later said that it was killed by two strangers.
2. The theoretical basis of sentencing.
According to Ms. Zhang's various performances, she belongs to a person with limited criminal responsibility. At the time of sentencing, after medical appraisal, Ms. Zhang suffered from schizophrenia and organic mental disorder. She belongs to one of the four persons with limited criminal responsibility stipulated in the criminal law, and has not completely lost her ability to identify or control. Therefore, the court ruled that she illegally deprived others of their lives, which constituted the crime of intentional homicide, and she was a mental patient and should bear criminal responsibility, but the punishment could be lightened or mitigated according to law. But Ms. Zhang expressed dissatisfaction. She thinks that those two strangers killed her husband, and she is not responsible and should not be punished. Because of Ms. Zhang's various performances, she is really mentally abnormal. Ms. Zhang's husband's family also agreed with this sentence and said that they could understand Ms. Zhang. After all, as a mental patient, her own behavior is out of control. Although the crime is serious, it happens for a reason. In addition, Ms. Zhang is old, and the possibility of committing another crime is very small, so the family members demand it.
3. Criminal cases of mental disorders
In recent years, we often see such reports in the news. Most of the suspects in such criminal cases suffer from schizophrenia, but they are exempt from punishment because of mental illness. This is clearly stipulated in Article 18 of China's Criminal Law. A mental patient who causes harmful results without being able to identify or control his own behavior shall not be criminally responsible. The scope of psychiatric appraisal is also wide and controversial, but what is certain is that criminals of this kind of crime are extremely dangerous, and both family members and people around them should take strict precautions against such criminals and avoid being hurt to the maximum extent.
Although not every such case can be prevented, in the case of Ms. Zhang, the family should actively treat her when she finds her mental abnormality, properly control her and send her to the relevant hospital for treatment. Then it may be possible to prevent this case and save her family's life. It is also important for social stability to reduce the illegal infringement of innocent people by such cases.