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.
Legal objectivity:
Due to the shortage of psychiatric medical institutions, funds and talents, less than 30% patients with severe mental illness enjoy good treatment. On the other hand, 70% of them have not received good and complete treatment. Some of these 70% patients who have not been adequately treated are violent, and they will inevitably become a hidden danger to society. What we encountered in the trial was a vivid case in which these hidden dangers turned into tragedies. Article 18 of the Criminal Law of People's Republic of China (PRC) stipulates that a mentally ill person who causes harmful results when he cannot identify or control his own behavior shall not be held criminally liable if he is confirmed by legal procedures, but his family members or guardians shall be ordered to take strict care and medical treatment. Compulsory medical treatment by the government when necessary. It can be seen from this article that the harmfulness of mental patients' crimes is difficult to prevent, remedy, remedy and punish. However, if all the criminals are "acquitted" and are not tried and punished according to the standards of social fairness and justice, the victims will not get psychological comfort and economic compensation, which will inevitably lead to social dissatisfaction and doubts about the fairness and justice of the law. Petition to the government and revenge to the society occur from time to time, which brings unstable factors and adverse effects to the society. At the same time, if the actor is allowed to go to the society, it will also bring great dangers and hidden dangers to the society. In order to put the crimes against mental patients in criminal law into trial practice and make it operational, China's criminal procedure law has specially added compulsory medical procedures, which comprehensively stipulates its scope of application, decision subject, start-up procedure, trial procedure, relief procedure, cancellation and restriction mechanism and other issues. The provisions of this procedure make up for the blank of criminal compulsory medical procedure in China's criminal procedure law, and at the same time reflect the humanistic care and rights protection of violent mental patients by judicial organs. The steps of our trial of mental patients' crimes are as follows: 1. The judgment of mental patients' criminal responsibility ability is divided into two steps: first, it is necessary to judge whether the actor is suffering from mental illness in medicine, which needs to be appraised by psychiatrists, and it is necessary to make a conclusion on whether he is suffering from mental illness and the type and degree of mental illness. Secondly, it is necessary to further judge whether the actor can't identify or control his own behavior because of mental illness, which depends on the judicial staff to further judge whether the actor has the ability to identify or control. This is the key to finally determine the responsibility ability on the basis of medical judgment. The second is the time and procedure of psychiatric appraisal. The process of ordinary criminal cases is generally that the public security organ files a case for investigation, the procuratorate examines and prosecutes, and the court makes a judgment. In this procedure, during the investigation stage, if the close relatives or attorneys of the criminal suspect suggest that the criminal suspect is mentally ill, the public security organ will inform him to lodge a complaint with the procuratorate during the examination and prosecution stage, or lodge a complaint with the court during the trial stage or the public security organ will take the initiative to apply for judicial expertise to determine whether the criminal suspect is mentally ill. Entrusted by the relevant administrative department, the mental state of the actor is appraised by a qualified professional department. The third is the criminal treatment of mental patients. For crimes involving mental patients, the operating procedure is that the public security organ transfers the case to the procuratorial organ for examination and prosecution. The procuratorate or the court shall, upon the application of the criminal suspect's close relatives or defenders, invite experts to appraise the criminal suspect's mental state and judge his criminal responsibility. When the court makes a guilty verdict, it shall investigate the criminal responsibility, or make a decision that the defendant's behavior has constituted a crime, but considering his mental state at the time of the crime, he is exempted from criminal punishment and transferred to Ankang Hospital for compulsory treatment. Due to the particularity of mental patients involved in the trial of compulsory medical cases, we generally follow the following principles: First, the principle of combining trial with written trial. According to relevant laws and regulations, a collegial panel should be formed to hear compulsory medical cases. However, unless the legal representative of the respondent or the defendant requests not to hold a hearing and is approved by the people's court. At the same time, in the trial of compulsory medical cases, the mental health law should also be applied to keep confidential the information that may infer the identity of the parties, such as their names, portraits, addresses, work units, medical records, etc., that is, they should not try compulsory medical cases in court, so as to better protect the privacy rights of mental patients involved. The second is the principle of strictly examining whether the mental patients involved have the possibility of continuing to endanger society. This is the key to whether to make a compulsory medical decision. To judge whether mental patients are likely to continue to harm the society, we can review the necessity from two angles: the personal danger of mental patients and the control ability of their families. The personal danger of mental patients includes pathology and experience. Pathological level refers to the fact that the mental patients involved in the case have not been effectively controlled, and the disease is continuing to get worse, so the pathological basis of their violent behavior still exists or even strengthens. The level of experience refers to the fact that mental patients involved in the crime frequently commit violent acts or commit new violent acts, and it is possible to continue to commit violent acts according to experience and common sense. Explain that the second paragraph of Article 529 stipulates that the people's procuratorate shall meet with the respondent when trying the case of applying for compulsory medical treatment. For example, the respondent set fire to our hospital and the victim died, and the members of the collegial panel asked to meet with the respondent to temporarily protect the hospital. Because the respondent swallowed the iron handle a few days ago, his body and spirit have not recovered after the operation, the attending physician refused our request, but introduced the treatment and physical condition of XXX and suggested continuing treatment. At the same time, through the investigation of a stepmother and neighbors, it was found that the family members did not have the corresponding control ability, so they made the decision of compulsory medical treatment. The third is the principle of expert witness appearing in court. In the trial of compulsory medical cases, experts and witnesses play a decisive role in whether the mental patients involved can decide compulsory medical treatment, which is the basis for the court to make a judgment. Judges usually do not have expertise in psychiatry. In this process, it is necessary to invite the appraisers to directly appear in court to accept the inquiries of the procuratorial organ and the respondent or the legal representative of the respondent. If the appraiser refuses to testify in court after being notified by the people's court, the appraisal opinion shall not be used as the basis for finalizing the case. In the trial of cases involving mental patients, the confession of mental patients is generally meaningless, because all mental patients involved in the case hurt others during their illness and made confessions immediately after the crime. Therefore, witness testimony is also an important link in deciding a case. Witnesses appearing in court to testify will objectively ensure the fairness of the trial. The fourth is the principle of lawyer appearing in court. Explain the provisions of Article 528: When trying a compulsory medical case, the respondent or the legal representative of the defendant shall be notified to be present. If the respondent or the defendant fails to appoint an agent ad litem, it shall notify the legal aid institution to appoint a lawyer as its agent ad litem to provide legal aid. Lawyers who provide legal help here are not defenders of criminal cases, because the aided person has no criminal responsibility and is not a criminal suspect or defendant, which undoubtedly improves the litigation ability of mental patients involved. Fifth, the principle of separation of civil proceedings. In the process of hearing compulsory medical cases, because the respondent is recognized as a person without criminal responsibility, he is not legally responsible for the acts that cause legal consequences. However, the harm caused by his harmful behavior to the victim and society is objective, and there must be problems in handling civil compensation. However, the initiation of compulsory medical procedures is based on the withdrawal of criminal cases. Without a criminal offence, it is naturally not suitable to accept criminal incidental civil action, because criminal incidental civil action is attached to criminal cases. Secondly, the trial period of compulsory medical procedure is one month, which is short, and it is not suitable for handling civil compensation matters at the same time. Sixth, the principle of court decision. The establishment of compulsory medical procedure is essentially a change from the original administrative decision function to the judicial review procedure. There are two ways to start compulsory medical care. One way is for the procuratorial organ to apply for starting, that is, 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, the people's procuratorate shall apply to the people's court for compulsory medical treatment. The other is the way the court decides to start, that is, if the people's court finds that the defendant meets the compulsory medical conditions during the trial of the case, it can directly make a compulsory medical decision. Therefore, only the people's court has the right to make a decision on compulsory medical treatment for mental patients with violent acts, but if the perpetrator still needs compulsory medical treatment without violent acts, it is not within the scope of the people's court's judgment. Explain the provisions of Article 288: If there is no personal danger and it is no longer necessary to continue compulsory medical treatment, it shall promptly put forward opinions on dissolution and report them to the people's court that decided on compulsory medical treatment for approval. Seventh, the principle of reconsideration. Explain the provisions of Article 536: If a person, a victim, his legal representative or a near relative who is determined to have compulsory medical treatment refuses to accept the decision on compulsory medical treatment, they may apply to the people's court at the next higher level for reconsideration within five days from the date of receiving the decision. The execution of the compulsory medical treatment decision shall not be stopped during the reconsideration period. This provision is the first time that the criminal procedure law stipulates that interested parties enjoy the same right of reconsideration, which is enjoyed not only by those who are forced to receive medical treatment, but also by the victims. This is another progress in the administration of justice in China. The above is how to deal with mental illness crime, I hope it will help you.