According to the official announcement, in the investigation stage, the public security organs entrusted an appraisal institution to conduct a forensic psychiatric appraisal of Wan Wan. The conclusion is that Wan Wan suffers from schizophrenia and has the ability to limit criminal responsibility. The public prosecution agency believes that the defendant's criminal motive for murder is extremely high, the criminal means are extremely cruel, the criminal consequences are extremely serious, and the social impact is extremely bad, which should be severely punished according to law. This situation is the actual situation, and the situation is different. Addition and deletion here are for legal discussion only. ?
Article 18 of China's criminal law stipulates that if a mental patient cannot identify or control his own behavior and causes damage, he will not bear criminal responsibility after being confirmed by legal procedures. A mental patient who has not completely lost the ability to identify or control his own behavior constitutes a crime and should bear criminal responsibility, but he can be given a lighter or mitigated punishment, which embodies the principle of modesty in China's criminal policy. Because mental illness will affect the ability of recognition and control, and it will lead to behaviors that endanger society and others. Therefore, mental patients can be exempted from liability and their punishment can be reduced or mitigated. The same principle also applies to the punishment of criminals who are neither old nor deaf nor blind, which embodies the humanitarian spirit. ?
Because the law stipulates that when a person is identified as unable to identify or control his behavior, he does not need to bear criminal responsibility. Should mental patients be allowed to harm society? In fact, in China, there is a compulsory medical system. Article 18 of the Criminal Law stipulates: "For mental patients without criminal responsibility, their family members or guardians shall be ordered to carry out close monitoring and medical treatment; When necessary, the government should force medical treatment. " ? Article 284 of the Criminal Procedure Law stipulates: "If a mental patient commits violent acts, endangering public security or seriously endangering the personal safety of citizens, he shall not bear criminal responsibility according to law after being confirmed by legal procedures. ?
Of course, for people who are not particularly serious, or under other circumstances, patients with mental disorders who are hospitalized according to Article 30 of the Mental Health Law of People's Republic of China (PRC) should follow the principle of voluntariness. The diagnosis conclusion and condition evaluation show that the patient is a patient with severe mental disorder, and the situation of hospitalization is as follows: (1) The behavior of hurting yourself or others is in danger of hurting yourself; (2) Acts that endanger others or their safety have occurred and others are in danger. Article 31 If a patient with mental illness falls under the circumstances of Item 1, Paragraph 2, Article 30 of this Law, with the consent of the guardian, the medical institution shall treat him in hospital. If the guardian does not agree, the medical institution shall not treat the patient in hospital, and the guardian shall care and manage the patient at home. ?
Now, do you understand?