What is the crime of illegally committing a person to a psychiatric hospital?

Other people who participated in the actual god violated the law and sent Lao Gao to a psychiatric hospital, and after that, at least a dozen or so people were treated as the protective umbrella of the underworld forces, they met the conditions for a heavier punishment. Lao Gao did not receive civil compensation.

What is the crime of being detained in a psychiatric hospital?

Where a normal person is forcibly imprisoned in a psychiatric hospital and violates the law, a lawsuit may be instituted in accordance with law.

Legal analysis: A normal person who is forcibly imprisoned in a psychiatric hospital violates the law and can file a lawsuit in accordance with the law.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 17: Basic level people's courts have jurisdiction over first-instance civil cases, except as otherwise provided by this Law.

Article 18: Intermediate people's courts have jurisdiction over the following first-instance civil cases:

1) Major foreign-related cases;

2) Cases that have a major impact in the jurisdiction;

3) Cases over which the Supreme People's Court determines that the Intermediate People's Court has jurisdiction.

Article 119:Prosecution must meet the following requirements:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

China has a special "Mental Health Law", which conducts medical and scientific evaluations of so-called suspected patients, and bears liability for compensation in accordance with law if a person with a non-mental disorder is intentionally sent to a medical and grinding institution** as a patient with a mental disorder; and where a crime is constituted, criminal responsibility is pursued in accordance with law. Whether or not the criminal law is violated still needs to be determined in light of the specific circumstances. "Article 78 of the Mental Health Law of the People's Republic of China: In any of the following circumstances, where a person with a mental disorder or other citizen causes harm to the person, property, or other harm, he or she shall bear the duty of compensation in accordance with law:

1) Intentionally sending a person who is not mentally disordered to a medical organization as a person with a mental disorder**;

2) The caregiver of a person with a mental disorder abandons the patient, or there are other circumstances in which they do not perform their duties of care;

3) Discriminating, insulting, or abusing persons with mental disorders, infringing on the patient's personal dignity or personal safety;

4) Unlawfully restricting the physical freedom of a person suffering from a mental disorder;

5) Other situations that infringe on the lawful rights and interests of persons with mental disorders.

Summary. Hello dear! It is not lawful to forcibly send a person to a psychiatric hospital, and it is not entirely legal to forcibly send a person to a psychiatric hospital, and certain legal procedures and conditions need to be met.

According to the Mental Health Law of the People's Republic of China, only those who meet the following conditions can be forcibly sent to a psychiatric hospital for acceptance**: 1Suffering from mental illness that endangers the life or property safety of oneself or others; 2.

Suffering from mental illness and abnormal behavior, unable to fully control their behavior, and may run away, cause trouble, self-harm, suicide, etc.; 3.Suffering from mental illness and refusing**, endangering the life or property safety of oneself or others. Only when the above conditions are met, can they be subjected to compulsory treatment in accordance with the provisions of the law, but they need to go through legal procedures, including the assessment of the medical institution, the filing of the case by the public security organ, the review of the psychiatric hospital, and the court's ruling.

If the above conditions are not met, or if there is a procedural violation, it will be suspected of violating the personal freedom and human rights of the citizen and constitute illegal detention.

Hello dear! Forcibly sending people to a psychiatric hospital is illegal, and forcibly sending people to a psychiatric hospital is not completely in line with the law, and it needs to meet certain legal procedures and conditions. According to the Mental Health Law of the People's Republic of China, only those who meet the following conditions can be forcibly sent to a psychiatric hospital for retreatment**

1.Suffering from mental illness that endangers the life or property safety of oneself or others; 2.Suffering from mental illness and abnormal behavior, unable to fully control their behavior, and may run away, cause trouble, self-harm, suicide, etc.; 3.

Suffering from mental illness and refusing**, endangering the life or property safety of oneself or others. Only when the above conditions are met, they can be subjected to compulsory treatment in accordance with the provisions of the law, but they need to go through legal procedures, including the assessment of the medical institution, the filing of the case by the public security organ, the review of the Psychiatric Hospital, and the court's ruling. If the above conditions are not met, or if there is a procedural violation, it will be suspected of violating the personal freedom and human rights of the citizen and constitute illegal detention.

Hello dear! According to the "Mental Health Law of the People's Republic of China", for persons with mental disorders who have not committed harmful acts, only after obtaining legal procedures and a decision made in accordance with law can they accompany them to take compulsory treatment measures. Compulsory treatment must follow professional medical standards to ensure that the legitimate rights and interests of patients are not violated.

If the relevant legal provisions are violated, it is illegal to forcibly send a person to a psychiatric hospital. Therefore, according to the "Mental Health Law of the People's Republic of China", forcibly sending a person to a psychiatric hospital must follow legal procedures, otherwise it is illegal to bury people in disorder.

China has a special "Mental Health Law", which conducts medical and scientific evaluations of so-called suspected patients, and bears liability for compensation in accordance with law if a person with a non-mental disorder is intentionally sent to a medical institution as a patient with a mental disorder**; where a crime is constituted, criminal responsibility is pursued in accordance with law. Whether or not the criminal law is violated still needs to be determined in light of the specific circumstances. "Article 78 of the Mental Health Law of the People's Republic of China: In any of the following circumstances, where a person with a mental disorder or other citizen causes harm to the person, property, or other harm, he or she shall bear the duty of compensation in accordance with law:

1) Intentionally sending a person who is not mentally disordered to a medical organization as a person with a mental disorder**;

2) The caregiver of a person with a mental disorder abandons the patient, or there are other circumstances in which they do not perform their duties of care;

3) Discriminating, insulting, or abusing persons with mental disorders, infringing on the patient's personal dignity or personal safety;

4) Unlawfully restricting the physical freedom of a person with a mental disorder;

5) Other situations that infringe on the lawful rights and interests of persons with mental disorders.

It depends. 1. No matter what the nature of a mentally ill person's crime, he or she must be appraised through the legal appraisal procedures to determine whether or not he bears criminal responsibility. 2. Where a mentally ill person is found to be incapable of acting at the time of committing a criminal act, he shall not bear criminal responsibility.

3. Where a mentally ill person is found to have partial capacity for conduct at the time of committing the crime of starvation, he shall bear criminal responsibility, but the punishment may be mitigated or commuted. 4. Where a mentally ill person is found to have full capacity for conduct at the time of committing a criminal act, he shall bear criminal responsibility. A history of mental illness is not a statutory sentencing circumstance.

Article 18 of the Criminal Law of the People's Republic of China: Capacity for Criminal Responsibility of Special Persons Where a mentally ill person causes harmful results when he is unable to recognize or control his own conduct, and it is confirmed through legally-prescribed procedures, he does not bear criminal responsibility, but his family or guardian shall be ordered to strictly supervise and provide medical treatment; When necessary, by ** compulsory medical treatment. An intermittent mentally ill person who commits a crime when he is mentally normal shall bear criminal responsibility. Where a mentally ill person who has not completely lost the ability to recognize or control his or her own conduct commits a crime, he shall bear criminal responsibility, but the punishment may be mitigated or commuted.

A person who commits a crime while intoxicated shall bear criminal responsibility.

Article 303 of the Criminal Procedure Law: Where compulsory treatment of mentally ill persons is given in accordance with the provisions of this chapter, the people's courts are to make a decision. Where public security organs discover that a mentally ill person meets the requirements for compulsory treatment, they shall write a compulsory treatment opinion and transfer it to the people's procuratorate. Where a mentally ill person transferred by the public security organs or discovered in the course of review for prosecution meets the requirements for compulsory treatment, the people's procuratorate shall submit an application for compulsory treatment to the people's court.

Where in the course of hearing a case, the people's court discovers that the defendant meets the requirements for compulsory treatment, they may make a decision on compulsory treatment. For mentally ill persons who commit violent acts, the public security organs may employ temporary protective restraint measures before the people's courts decide on compulsory treatment.