I. Basic facts of this case:
(1) Events:
Late at night on March 23rd, the suspect Yang Mouqi (male, age 19, from Wuling District) took a bus from Wuling District to Jiangnan City. At about 0: 00 on March 24th, when getting off the bus near Changnan Bus Terminal, Huda Road, a city in the south of the Yangtze River, Yang Mouqi, sitting in the back row, stabbed Lian several times while the driver was unprepared, causing death. Yang Mouqi surrendered himself to the public security organ afterwards. According to Yang Mouqi's confession, he had suicidal thoughts because of pessimism, and killed the driver Chen Mou that night because of a mental breakdown for no reason. (Attached with "Alert Notice")
(2) Basic information about the criminal suspect:
Yang Moqi, name: male, 19 years old, from Wuling District, freshman.
Second, the criminal suspect Yang Mouqi's alleged charges and the relevant legal provisions of this case.
(1) Suspected crime: intentional homicide, and the suspect may have minor mental problems.
(2) The laws, judicial interpretations and relevant provisions involved.
criminal law
Article 232 Whoever intentionally kills shall be sentenced to death, life imprisonment or fixed-term imprisonment of not less than 10 years; If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Eighteenth special personnel's criminal responsibility. If a mental patient causes harmful results when he cannot identify or control his own behavior, he shall not bear criminal responsibility if he is identified and confirmed by legal procedures, 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.
A drunken person who commits a crime shall bear criminal responsibility.
Third, preliminary analysis.
Criminal responsibility of mental patients;
1. Criminal responsibility of mental patients who have completely lost the ability to identify and control their behavior: if a mental patient causes harmful results when he cannot identify or control his own behavior, he will not bear criminal responsibility after being identified and confirmed by legal procedures, but his family members or guardians should be ordered to strictly guard and treat him; When necessary, the government forces medical treatment.
2. Criminal responsibility of intermittent mental patients: Intermittent mental patients who commit crimes when they are mentally normal shall bear criminal responsibility. ?
3. Criminal responsibility of mental patients who have partially lost their criminal responsibility: mental patients who have not completely lost their ability to identify or control their own behavior should bear criminal responsibility, but they can be given a lighter or mitigated punishment.
4. The key point of this case is: whether the criminal suspect is a mental patient in the legal sense (complete mental patient, intermittent mental patient or mental patient who has not completely lost the ability to identify or control behavior) needs judicial expertise for reference. Attached are the Interim Provisions of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of Justice and the Ministry of Health on the judicial expertise of mental illness.
Article 9 In criminal cases, the judicial appraisal of mental illness includes:
(a) to determine whether the identified person suffers from mental illness, what kind of mental illness he suffers from, the mental state when he commits the harmful behavior, the relationship between mental illness and the harmful behavior, and whether he has criminal responsibility.
(two) to determine the mental state of the appraiser in the process of litigation and whether he has the litigation ability.
(3) Suggestions on determining the mental state of the appraiser during his sentence and the legal measures to be taken.
Article 19 Appraisal of the appraiser's responsibility ability in criminal cases: When an appraiser commits a dangerous act, he is identified as suffering from mental illness, and he cannot identify or control his own behavior due to serious mental activity disorder, that is, he has no criminal responsibility ability. When an appraiser commits a hazardous act, he shall be deemed to have the ability to be responsible if he is identified as having one of the following circumstances:
1. has a history of mental illness, but there is no mental abnormality when committing harmful behavior;
2. During the mental illness intermission, the mental symptoms have completely disappeared.
Verb (abbreviation of verb) thinking about this case
(1) Respect the judicial organs, and the final conviction and sentencing in this case shall be subject to the judgment;
(2) The investigation organ should take the initiative and not miss any detail, and the procuratorial organ should strictly examine the prosecution and prosecute according to the law;
(3) As bystanders, we can talk things over, but we should seek truth from facts, and we can't make accusations indiscriminately, involving people or things irrelevant to this case.
(4) As a media, we should report objectively and neutrally. Don't judge by public opinion, maliciously guide the uninformed masses and affect judicial justice.
(5) As an enterprise, Didi should bear corresponding social responsibilities, properly coordinate and handle the families of victims, reshape the positive image of the enterprise, and guide everyone to be kind.
Finally, I hope this case is fair and just. The above is my personal opinion, thank you!