Compulsory medical treatment is necessary if the conditions for compulsory medical treatment seriously endanger the safety of the public.
Conditions for compulsory medical treatment of mental patients:
1. Mental patients commit violent acts, endangering the safety of the public/seriously endangering the personal safety of citizens:
(1) Not all mental patients are subjected to compulsory medical treatment procedures;
(2) Only mental patients who commit violent acts and endanger public safety/seriously endanger citizens' personal safety can apply compulsory medical treatment:
A. The violent acts committed by the respondent can only apply compulsory medical treatment if they cause harmful results that endanger public safety/seriously endanger citizens' personal safety;
B. Only the harmful result of violence that causes minor injuries or serious loss of public and private property can meet the requirements of compulsory medical treatment.
It is suggested that the "violent behavior" of compulsory medical treatment reaches the commitment:
① It will cause "harmful results" under the conditions stipulated in the criminal law;
② The conditions stipulated in the Criminal Procedure Law "endanger the safety of the public or seriously endanger the personal safety of citizens".
2. Mental patients who are not criminally responsible according to law after legal procedures: Forensic medical expertise such as psychiatric expertise should be entrusted to an appraisal institution listed in the roster compiled by the judicial administrative department of the provincial people's government and two or more unrelated appraisers to make an appraisal and make an appraisal opinion.
3. It is possible to continue to endanger society:
A. Make a medical judgment according to the condition and mental condition of mental patients;
B. consider according to the specific situation of mental patients after committing violent acts.
2. Initiating body of compulsory medical treatment for mental patients: public/procuratorial/legal organs (compulsory medical treatment for mental patients is decided by the court).
1. if the public security organ finds that the mental patient meets the requirements of compulsory medical treatment, it shall write a compulsory medical opinion and transfer it to the procuratorate.
2. If the mental patient transferred by the public security organ/found in the process of examination and prosecution meets the requirements of compulsory medical treatment, the procuratorate shall apply to the court for compulsory medical treatment.
3. If the court finds that the defendant meets the requirements of compulsory medical treatment in the course of hearing the case, it may make a decision on compulsory medical treatment.
4. The public security organ may take temporary protective and restraining measures for the mental patients who commit violent acts before the court decides to compulsory medical treatment.
III. Procedures for the court to hear the application for compulsory medical treatment:
1. Judicial organization: After the court accepts the application for compulsory medical treatment, it shall form a collegial panel to hear it.
2. Participants in the proceedings:
A. When the court hears a compulsory medical case, it shall notify the legal representative of the respondent/defendant to be present;
B. if the respondent/defendant has not entrusted an agent ad litem, the court shall notify the legal aid institution to appoint a lawyer to provide legal assistance.
3. The court made a decision after trial:
(1) Decided to make compulsory medical treatment for the respondent: If the respondent/defendant meets the conditions of compulsory medical treatment, the decision on compulsory medical treatment shall be made within 1 months.
a. If the respondent has no criminal responsibility when committing violent acts and may continue to endanger society, it is decided to give the respondent compulsory medical treatment;
B. The decision is made within 1 months.
(2) Deciding not to impose compulsory treatment on the respondent:
A. If the respondent was incapable of criminal responsibility when committing violent acts and did not have the possibility of continuing to endanger society, it was decided not to impose compulsory treatment on the respondent/at the same time, it was ordered that the guardian/close relatives of the respondent should be under strict supervision/treatment;
B. if the respondent should bear criminal responsibility when committing violent acts, it is decided not to impose compulsory medical treatment on the respondent/transfer the case to the competent authority with jurisdiction.
The prompt is that the decision not to grant compulsory medical treatment/the decision to reject or disagree with the application is unclear; It is unclear whether the case is returned to the procuratorate/directly transferred to the competent authority with jurisdiction
IV. Relief procedure of compulsory medical treatment decision: If the person/victim, his legal representative or close relatives who are determined to be compulsory medical treatment are dissatisfied with the compulsory medical treatment decision, they may apply to the next higher court for reconsideration.
1. the subject of reconsideration:
a. the person who has been decided to have compulsory medical treatment;
B. Victims;
C. Legal representative/near relative of the person/victim who has been decided to have compulsory medical treatment.
2. Reconsideration institution: apply to the higher court for reconsideration.
3. The enforcement of compulsory medical treatment decisions shall not be suspended during the reconsideration period.
5. Enforcement of compulsory medical treatment:
1. Compulsory medical institutions should make regular diagnosis and evaluation of people who have been subjected to compulsory medical treatment: for those who are no longer in personal danger and do not need to continue compulsory medical treatment, they should promptly put forward opinions on dissolution and report them to the court that decided on compulsory medical treatment for approval.
2. People who have been subjected to compulsory medical treatment and their close relatives have the right to apply for cancellation of compulsory medical treatment.
VI. Legal supervision of compulsory medical treatment: The procuratorate supervises the decision and implementation of compulsory medical treatment.
The lawyer suggested
① The contents of the application for compulsory medical treatment submitted by the procuratorial organ to the court:
A. Evidence to prove that the respondent has committed violent acts;
B. evidence to prove the defendant's criminal responsibility when committing violent acts;
C. prove whether the respondent continues to endanger society.
② The Criminal Procedure Law does not stipulate the jurisdiction of compulsory medical procedure cases, which can be implemented with reference to the jurisdiction provisions of general cases.
③ The criminal procedure law does not specify the executive organ of compulsory medical treatment (Ankang Hospital under the public security organ).
④ The main body of measures to relieve mental patients from compulsory medical treatment:
A. Medical institutions that provide compulsory medical treatment for mental patients;
B. Mental patients who have been subjected to compulsory medical treatment and their close relatives;
C. the procuratorate exercising supervisory power.
⑤ The period of applying compulsory medical treatment to the perpetrator who suffers from mental illness after committing a crime should be able to offset the sentence.
Links to Articles
Chapter IV of the Criminal Procedure Law Compulsory Medical Procedures for Mental Patients who are not criminally liable according to law
Article 284 A mental patient who commits violent acts, endangers the safety of the public or seriously endangers the personal safety of citizens, and is not criminally liable according to legal procedures, may be given compulsory medical treatment if it is possible to continue to endanger society.
article 285 compulsory medical treatment for mental patients according to the provisions of this chapter shall be decided by the people's court.
if a public security organ finds that a mental patient meets the requirements of compulsory medical treatment, it shall write a compulsory medical opinion and transfer it to the people's procuratorate. The people's procuratorate shall apply to the people's court for compulsory medical treatment if the mental patient transferred by the public security organ or found in the process of examination and prosecution meets the requirements of compulsory medical treatment. In the course of hearing a case, the people's court may make a decision on compulsory medical treatment if it finds that the defendant meets the conditions for compulsory medical treatment.
Before the people's court decides compulsory medical treatment, the public security organ may take temporary protective and restraining measures against the mental patients who commit violent acts.
article 286 after accepting the application for compulsory medical treatment, the people's court shall form a collegial panel for trial.
when trying a compulsory medical case, the people's court shall notify the legal representative of the respondent or the defendant to be present. If the respondent or the defendant has not entrusted an agent ad litem, the people's court shall notify the legal aid institution to appoint a lawyer to provide legal assistance.
article 287 after hearing, the people's court shall make a decision on compulsory medical treatment within one month if the respondent or defendant meets the requirements of compulsory medical treatment.
if the person, the victim, his legal representative or his near relatives who are determined to have compulsory medical treatment are dissatisfied with the decision, they may apply to the people's court at the next higher level for reconsideration.
article 288 a compulsory medical institution shall make regular diagnosis and evaluation on the person who is subjected to compulsory medical treatment. For those who are no longer in personal danger and do not need to continue compulsory medical treatment, they shall promptly put forward opinions on dissolution and report them to the people's court that decided on compulsory medical treatment for approval.
the person who has been subjected to compulsory medical treatment and his close relatives have the right to apply for cancellation of compulsory medical treatment.
article 289 the people's procuratorate shall supervise the decision and implementation of compulsory medical care.
Procedures of Public Security Organs in Handling Criminal Cases [2112]
Chapter 11 Special Procedures
Section 4 Compulsory medical procedures for mental patients who are not criminally responsible according to law
Article 331 If the public security organs find that a criminal suspect who commits violent acts, endangers the public security or seriously endangers the personal safety of citizens may belong to a mental patient who is not criminally responsible according to law, they shall conduct psychiatric appraisal.
article 332 if a mental patient who is not criminally responsible according to law and has been identified by legal procedures may continue to endanger society and meet the requirements of compulsory medical treatment, the public security organ shall write a compulsory medical opinion within seven days, which shall be approved by the person in charge of the public security organ at or above the county level and transferred to the people's procuratorate at the same level together with relevant evidence materials and appraisal opinions.
article 333 before the people's court decides on compulsory medical treatment for mental patients who commit violent acts, the public security organ may take temporary protective and restrictive measures with the approval of the person in charge of the public security organ at or above the county level. If necessary, they can be sent to a mental hospital for treatment.
article 334 when temporary protective restraint measures are taken, mental patients should be kept under strict supervision, and the ways, methods and strength of restraint should be paid attention to, so as to avoid and prevent endangering the safety of others and mental patients themselves.
if there is no possibility that the mental patient will continue to endanger the society and the social danger will not occur after the restraint is lifted, the public security organ shall promptly lift the protective restraint measures.
Rules of Criminal Procedure of the People's Procuratorate (Trial) [2112 ]
Chapter XIII Special Procedures
Compulsory medical procedures for mental patients who are not criminally responsible according to law
Article 539 For mental patients who commit violent acts, endanger the public safety or seriously endanger the personal safety of citizens, and have reached the crime level and are not criminally responsible according to law after legal procedures, it is possible for the people's procuratorate to continue to endanger society.
article 541th the people's procuratorate shall examine the opinions on compulsory medical treatment transferred by the public security organs, file an application for compulsory medical treatment with the people's court and supervise the decision on compulsory medical treatment, which shall be handled by the public prosecution department.
Article 541 The application for compulsory medical treatment shall be filed by the grassroots people's procuratorate where the respondent commits violence; If it is more appropriate to put forward by the people's procuratorate of the respondent's residence, it may be put forward by the grassroots people's procuratorate of the respondent's residence.
article 542nd when applying to the people's court for compulsory medical treatment, the people's procuratorate shall make an application for compulsory medical treatment. The main contents of the application for compulsory medical treatment include:
(1) the basic information of the mental patient involved, including name, sex, date of birth, place of birth, domicile, ID number, nationality, education level, occupation, work unit and position, address, and the situation and place where temporary protective restraint measures are taken;
(2) Basic information about the legal representative of the mental patient involved, including name, address and contact information;
(3) the cause of action and the source of the case;
(4) the fact that the mental patient involved in the case commits violent acts that endanger the public security or seriously endanger the personal safety of citizens, including the time, place, means, consequences and relevant evidence;
(5) The basis for the mental patients involved not to bear criminal responsibility, including relevant expert opinions and other evidential materials;
(6) the possibility that the mental patient involved in the case will continue to endanger the society;
(7) Reasons and legal basis for filing compulsory medical application.
article 543rd the people's procuratorate shall find out:
(1) whether it is under the jurisdiction of the hospital;
(2) Whether the identity of the mental patient involved is clear, including name, gender, nationality, date of birth, occupation and unit, etc.
(3) the fact that the mental patient involved in the case commits violent acts that endanger the public security or seriously endanger the personal safety of citizens;
(4) Whether the procedures for the public security organs to identify the mental patients involved are legal and whether the mental patients involved are not criminally responsible according to law;
(5) Whether the mental patients involved in the case may continue to endanger society;
(6) whether the evidence materials are transferred with the case, and whether the list, copies, photos or other supporting documents of the evidence that are not suitable for transfer are transferred with the case;
(7) Whether the evidence is true and sufficient;
(8) Whether the temporary protective restraint measures are appropriate.
article 544 the people's procuratorate shall make a decision on whether to apply for compulsory medical treatment within 31 days after receiving the opinion of compulsory medical treatment transferred by the public security organ.
If the compulsory medical case transferred by the public security organ does not meet the requirements stipulated in Article 284 of the Criminal Procedure Law after examination, it shall make a decision not to apply for compulsory medical treatment, and explain the reasons in writing to the public security organ; If it is considered necessary to supplement the evidence, it shall request the public security organ to supplement the evidence in writing, and may also conduct its own investigation when necessary.
the time for the public security organs to supplement evidence is not included in the time limit for the people's procuratorate to handle cases.
article 545th if the people's procuratorate finds that the public security organ should start the compulsory medical procedure but does not start it, it may require the public security organ to give a written explanation of the reasons for not starting it within seven days.
after examination, if it is considered that the reason why the public security organ does not start cannot be established, it shall notify the public security organ to start the procedure.
article 546th if the people's procuratorate finds that the procedures of the public security organs for the appraisal of mental patients involved in the case violate the law or take improper temporary protective restraint measures, it shall put forward rectification opinions.
if the public security organ should take temporary protective restraint measures but has not yet taken them, the people's procuratorate should suggest that the public security organ take temporary protective restraint measures.
article 547 if the people's procuratorate finds that the public security organ has committed corporal punishment, ill-treatment and other illegal situations when taking temporary protective restraint measures against mental patients involved in the case, it shall put forward rectification opinions.
the procuratorial department of the prison shall be responsible for the work specified in the preceding paragraph.
article 548 in the course of examination and prosecution, if the criminal suspect is identified as a mental patient who is not criminally responsible according to law, the people's procuratorate shall make a decision not to prosecute. Those who believe that they meet the conditions stipulated in Article 284 of the Criminal Procedure Law shall apply to the people's court for compulsory medical treatment.
article 549 when the people's court holds a hearing on a compulsory medical case, the people's procuratorate shall send personnel to attend the court.
article 551 if the people's procuratorate finds that a people's court or a judge violates the legal procedures in handling compulsory medical cases, it shall put forward rectification opinions to the people's court.
if the people's procuratorate thinks that the compulsory medical treatment decision made by the people's court or the decision to reject the application for compulsory medical treatment is improper, it shall submit a written correction opinion to the people's court within 21 days after receiving a copy of the decision.
article 551 if the people's court finds that the defendant meets the requirements for compulsory medical treatment in the course of hearing a case and decides that the defendant is not criminally responsible, the people's procuratorate shall express its opinions during the trial.
the Supreme People's Court's explanation on the application of the Criminal Procedure Law of the People's Republic of China [2112]
Chapter XXIII Compulsory medical procedures for mental patients who are not criminally responsible according to law
Article 524 commits acts of violence, endangering public safety or seriously endangering citizens' personal health.