Compulsory medical cases

Feng, a 35-year-old mental patient involved in the case, was criminally detained by Haidian police on suspicion of extortion. After identification, the person who was assessed as incapable of criminal responsibility was sent to Beijing Ankang Hospital by the police to take temporary protective restraint measures.

Because Feng was suspected of extortion during the onset of mental illness, Haidian Public Security Bureau transferred a compulsory medical opinion to Haidian District Procuratorate, and found that Feng threatened the victim Lin by calling and texting for the purpose of illegal possession, extorting 350,000 yuan, and was later arrested. After identification, Feng was diagnosed as paranoid mental disorder and had no criminal responsibility.

Chapter IV of Part V Special Procedures of the new Criminal Procedure Law, which was officially implemented on June 20 13, 65438+ 10/3, stipulates the relevant conditions for applying compulsory medical treatment to mental patients who are not criminally responsible according to law, that is, only mental patients who commit violent acts, endanger public safety or seriously endanger citizens' personal safety and may continue to endanger society can be treated.

In this case, Feng Mou, a mental patient involved in the case, threatened the victim and his family by sending text messages, but he did not actually commit violent acts, nor did he cause objective results that seriously endangered the personal safety of citizens. Therefore, this case does not meet the relevant conditions of compulsory medical treatment stipulated in Article 284 of the Criminal Procedure Law. In the end, Haidian Procuratorate decided not to apply for compulsory medical treatment according to law.