What if you are killed by mental illness?

Question 1: What should I do if I am killed by a mental patient? Will mental patients be sentenced? According to the provisions of the criminal law, a completely mentally ill person, that is, a mentally ill person who can't identify or control his own behavior, shall not bear criminal responsibility if he commits the harmful acts stipulated in the criminal law and causes harmful results. This is because the harmful behavior of mental patients lacks the subjective elements of crime. Because mental patients do not have the ability to distinguish right from wrong, judge good and evil and control their own behavior, they have no intention or negligence, and have no subjective sin. At the same time, the purpose of sentencing criminals is to educate and reform, which has no practical significance for mental patients. According to the provisions of the criminal law, to determine whether the criminal is a completely mental patient, it must be identified through legal procedures, that is, when it is confirmed by medical identification that the harmful result occurs when the perpetrator cannot identify or control his own behavior. China's criminal procedure law stipulates that the medical appraisal of mental patients shall be carried out by hospitals designated by the provincial people. After the appraisal, the appraiser shall write the appraisal conclusion, which shall be signed by the appraiser and stamped with the official seal of the hospital. It also stipulates that if an appraiser intentionally makes a false appraisal, he shall bear legal responsibility. If a mental patient identified by legal procedures as completely unrecognizable or unable to control his behavior is not criminally responsible, the criminal law stipulates that his family members or guardians shall be ordered to take strict care and medical treatment, and if necessary, compulsory treatment shall be given by * * *. This provision is conducive to maintaining social order. Mental patients who commit criminal acts cannot be ignored because they do not bear criminal responsibility. Their family members or guardians have the responsibility to take care of them or treat them to prevent them from committing acts that endanger society again. In some cases, if some mental patients have a serious tendency to violence, that is, the so-called "martial madman", their families or guardians are really difficult to control and lack the economic conditions for treatment. In order to prevent injury, compulsory treatment can be carried out by * * *.

According to the criminal law, people who commit intermittent crimes by mental patients should bear criminal responsibility when they are conscious, and those who have not completely lost their ability to identify and control can be given a lighter or mitigated punishment.

Question 2: How to deal with the murder of mental patients? Article 18 of China's criminal law stipulates: "If a mental patient causes harmful results when he can't identify or control his own behavior, he shall not bear criminal responsibility if he is confirmed by legal procedures, but his family members or guardians shall be ordered to strictly guard and treat him; When necessary, medical treatment is enforced by * * *. 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 the punishment, but he may be given a lighter or mitigated punishment. A drunken person who commits a crime shall bear criminal responsibility. " Therefore, mental patients with specialized knowledge will find it more difficult to feel guilty (be careful of being killed) and will be forced to treat. As for the recurrence, there is really no way. Early detection and early treatment!

Question 3: What should I do if I am beaten by a mental illness? This depends on the specific situation. Are mental patients just sick when they hurt people? If it can be proved that the mental patient is sober when he hurts people, then he should bear both criminal responsibility and civil responsibility. If a mental patient is injured at the onset, he may not bear criminal responsibility, but he and his guardian shall bear civil liability, and you may ask the other party to make civil compensation. In addition, mental patients who hurt people should also be sent to hospital for treatment.

Question 4: What should I do if I am beaten by a mental illness? You can find a mental guardian.

Question 5: What should I do if a psychopath kills someone and is assessed as incapacitated by judicial expertise? Is everything over? It's not that simple. First of all, it is undoubtedly an unsafe factor for the society if the mental patients who have committed homicide are not placed, so it is generally necessary to arrange for treatment in a special hospital, namely Ankang Hospital under the Public Security Bureau. Secondly, according to relevant laws and regulations, as guardians of mental patients, they should bear corresponding legal responsibilities. "If the guardian fails to perform the guardianship responsibility, causing the patient with varicocele to have an accident or trouble, causing economic losses or personal injury to others, he shall be responsible for compensating for the losses or bearing the medical expenses. If the circumstances are serious, administrative responsibility shall be investigated. If the guardian has fulfilled his guardianship obligations, his civil liability may be appropriately reduced. "

The guardian is not criminally responsible for the murder of a mentally ill person.

Question 6: What should I do if I am injured by a mental patient? Question: One of my friend's classmates, his family said he was mentally ill. As early as last year 10, I knocked on my friend's door and went straight to the children, punching and kicking. My friend and her husband were stunned. I watched her beat the child until I remembered to call the police. The classmate reported the case and left. The child is a 17-year-old girl who was beaten for no reason and suffered a great mental blow. In order to make children go to school normally, the family has done a lot of work. After that, my friend picked up the children every day and met that person in his own corridor. After a long time, my vigilance became worse. Yesterday, my friend came back from swimming and met him without paying attention. The man rushed up to hit him, but my friend just took passive precautions, so he was scratched in many places on his face, kicked in the left rib and hit in many places on his head. After the alarm, the police sent a friend to the man's house, explained a few words and left. Her parents don't care. My friend was very upset and called this time, but will there be another time? Children can be picked up by their families, but friends, as adults, can't always be accompanied in daily activities. They all live nearby, so it's impossible not to meet.

First of all, the other party's act of hitting you is a violation of your personal rights. In accordance with the provisions of the Tort Liability Law, the other party may be required to bear tort liability. Secondly, how to bear the specific responsibilities here involves the problem of the other party's civil capacity. According to the law of our country, a mental patient who can't identify his own behavior is a person without civil capacity, and his legal representative acts as an agent for civil activities. Mental patients who can't fully recognize their own behavior are people with limited capacity for civil conduct and can carry out civil activities that are suitable for their mental health; Other civil activities shall be represented by their legal representatives or with the consent of their legal representatives. According to the Tort Liability Law, if a person without or with limited capacity for civil conduct causes damage to others, the guardian shall bear the tort liability. If a guardian fulfills his guardianship responsibility, his tort liability may be reduced. If a person without capacity for civil conduct or a person with limited capacity for civil conduct owns property and causes damage to others, he shall make compensation with his own property. The insufficient part shall be compensated by the guardian. Therefore, according to the above provisions, her guardian should bear tort liability for the damage caused to you. If a guardian fulfills his guardianship responsibility, his tort liability may be reduced. In addition, the judicial interpretation stipulates that the people's court should confirm whether the party suffers from mental illness according to the judicial psychiatric appraisal or referring to the diagnosis and appraisal of the hospital. If the conditions for diagnosis and appraisal are not met, it can also be determined with reference to the mental state of the parties recognized by the masses, provided that the interested parties have no objection. Therefore, if the other party claims that he is mentally ill, he should provide corresponding proof.

Second, the legal basis:

general rules of civil law

Article 13 A mental patient who cannot identify his own behavior is a person without capacity for civil conduct, and his legal representative shall act as an agent for civil activities.

Mental patients who can't fully recognize their own behavior are people with limited capacity for civil conduct and can carry out civil activities that are suitable for their mental health; Other civil activities shall be represented by their legal representatives or with the consent of their legal representatives.

"the Supreme People's Court's Opinions on Implementing Several Issues"

7. Whether a party suffers from mental illness or not, the people's court shall confirm it according to the forensic psychiatric appraisal or with reference to the hospital's diagnosis and appraisal. If the conditions for diagnosis and appraisal are not met, it can also be determined with reference to the mental state of the parties recognized by the masses, provided that the interested parties have no objection.

Tort liability law

Article 32 If a person with no capacity for civil conduct or a person with limited capacity for civil conduct causes damage to others, the guardian shall bear tort liability. If a guardian fulfills his guardianship responsibility, his tort liability may be reduced.

If a person without capacity for civil conduct or a person with limited capacity for civil conduct owns property and causes damage to others, he shall make compensation with his own property. The insufficient part shall be compensated by the guardian.

Question 7: What should I do if I am injured by mental illness? I can investigate the responsibility of the guardian, and I can find a lawyer to sue.

Question 8: What should I do if I am beaten by a mental illness? Dumb people eat Rhizoma Coptidis and swallow this tone by themselves. Can you watch it with him? However, you can ask his guardian for compensation.

Question 9: What if a psychopath kills someone in China? Murder during the onset of mental illness does not bear legal responsibility, and normal homicide bears legal responsibility.