1, which only meets the provisions of Article 284 of the Criminal Procedure Law (mental patients who commit violent acts, endanger public safety or seriously endanger citizens' personal safety, and are not criminally responsible according to legal procedures, and continue to endanger society, can be forced to receive medical treatment).
2. The legal guardian of mental patients can send patients to hospital for treatment; The public security department can violently treat patients who cause trouble and endanger public order; For mental patients who commit violent acts, endanger public security or seriously endanger citizens' personal safety, and are not criminally responsible according to law after legal procedures, and may continue to endanger society, the people's court shall decide on compulsory medical treatment.
Who has the right to send people to a mental hospital? Legal guardians of mental patients have the right.
4. Public security organs? Rogue, strong man, local ruffian? Government departments? A well-connected boss? Psychiatrist? Village director? Relatives and school leaders? These people have the right to forcibly tie people to a mental hospital or cheat them to a mental hospital? Without the approval of the people's court or the consent of the legal guardian, no one may forcibly send a person to a mental hospital.
5. At present, there are three types of mental patients admitted in China:
1) The first category is patients who are voluntarily admitted to the hospital, and the legal guardians of mental patients can send patients for treatment;
2) The second category is patients with protective compulsory admission. For mental patients who commit violent acts, endanger public security or seriously endanger citizens' personal safety, and are not criminally responsible according to legal procedures, and may continue to endanger society, the people's court shall decide to compulsory medical treatment;
3) The third category is the patients who are forced to be admitted to the hospital, which refers to the patients who are forced to be admitted to the hospital by the public security department and decide to be discharged.
Extended data:
1. Article 285 Compulsory medical treatment for mental patients in accordance with the provisions of this Chapter shall be decided by the people's court.
1. If the public security organ finds that the mental patient meets the conditions of compulsory medical treatment, it shall write a compulsory medical opinion and transfer it to the people's procuratorate. The people's procuratorate shall apply to the people's court for compulsory medical treatment 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.
2. If the people's court finds that the defendant meets the requirements of compulsory medical treatment in the process of hearing the case, it may make a decision on compulsory medical treatment.
3. Before the people's court decides compulsory medical treatment for mental patients with violent behavior, the public security organ may take temporary protective restraint measures.
2. Article 286 After accepting the application for compulsory medical treatment, the people's court shall form a collegial panel for trial. When trying a compulsory medical case, the people's court shall notify the legal representative of the respondent or the defendant to be present. If the respondent or the defendant has not entrusted an agent ad litem, the people's court shall notify the legal aid institution to appoint a lawyer to provide legal aid.
3. Article 287 After hearing the case, the people's court shall make a decision on compulsory medical treatment within one month if the respondent or defendant meets the requirements for compulsory medical treatment. If the person, the victim, his legal representative or his near relatives who are determined to have compulsory medical treatment are dissatisfied with the decision on compulsory medical treatment, they may apply to the people's court at the next higher level for reconsideration.
Four, two hundred and eighty-eight compulsory medical institutions shall regularly diagnose and evaluate the people who are subject to compulsory medical treatment. For those who are no longer in personal danger and do not need to continue compulsory medical treatment, they shall promptly put forward opinions on dissolution and report them to the people's court that decided on compulsory medical treatment for approval. People who have been subjected to compulsory medical treatment and their close relatives have the right to apply for lifting compulsory medical treatment.
Five, 289th people's Procuratorate shall supervise the decision and implementation of compulsory medical care.
Baidu Encyclopedia-People's Republic of China (PRC) Criminal Procedure Law