Should a mentally ill person be held accountable for breaking the law?

According to article 18 of the Criminal Law, a mentally ill person who causes harmful results when he is unable to recognize or control his own behavior does not bear criminal responsibility, but his family or guardian shall be ordered to take strict care and medical treatment; When necessary, by ** compulsory medical treatment.

The law stipulates that it is not to be investigated, but normal individuals feel that it should be investigated who is not responsible for the immortal

Legal Analysis: The handling of crimes committed by mentally ill persons depends on the circumstances, and if the offender is in the period of mental illness at the time of the crime and cannot control himself, he does not bear criminal responsibility; If a mentally ill person kills someone while he is not sick, he may be sentenced to death, life imprisonment or fixed-term imprisonment of not less than 10 years; where the circumstances are more minor, the sentence is to be three years to fixed-term imprisonment of not more than 10 years. However, if a mentally ill person commits a crime, his family or guardian shall be ordered to take strict care and medical treatment; When necessary, by ** compulsory medical treatment.

Legal basis: Criminal Law of the People's Republic of China" Article 18: Where a mentally ill person causes harmful results when he is unable to recognize or control his own behavior, 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 receive 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 13 of the Law on Punishments for the Administration of Public Security stipulates: "Where a mentally ill person violates the administration of public security when he is unable to recognize or control his or her own behavior, he shall not be punished, but his guardian shall be ordered to take strict care of him." Where an intermittent mentally ill person violates the administration of public security when he is mentally normal, he shall be punished.

To understand the provisions of the Law on Penalties for the Administration of Public Security, it is necessary to pay attention to the following issues:

First, if a mentally ill person violates the administration of public security when he is unable to recognize or control his own behavior, he does not establish the responsibility for violating the punishment imposed by the administration of public security, and no punishment is given. The "Public Security Administration Punishment Law" amends the provision in the "Public Security Administration Punishment Regulations" that "a mentally ill person violates the administration of public security when he is unable to recognize or control his own behavior" with reference to the provisions of the Criminal Law, and changes it to "causing consequences of violating the administration of public security".

Second, how to determine that the perpetrator is a mentally ill person who is "unable to recognize or control his own behavior"? According to the provisions of the Criminal Law, if a mentally ill person causes harmful results when he is unable to recognize or control his own behavior, he must be evaluated and confirmed by legal procedures before he can not bear criminal responsibility. Although the Public Security Administration Punishment Law does not explicitly require the evaluation of the perpetrator's mental condition in accordance with legal procedures as the Criminal Law, according to the provisions of the Ministry of Public Security, "a judicial evaluation shall be conducted by a psychiatric evaluation institution or a psychiatric hospital designated by the public security organ."

Where there is no capacity to make an evaluation, the public security organs may make a determination based on their medical history and the circumstances of the investigation or visit. Where both parties or guardians have objections to the public security organs' designation and request a judicial evaluation, a judicial evaluation shall be conducted, and the cost of the evaluation shall be borne by the person who submitted the evaluation.

Third, on the responsibilities of guardians. "Order their guardians to take strict care and **" clarifies the obligations of guardians to mentally ill persons. The use of the word "order" in the law indicates that the public security organs have the right to severely criticize the guardian who fails to fulfill his obligations, and strictly order him to assume guardianship responsibilities, and to strictly supervise and give necessary care to the mentally ill.

It should be noted that the law does not clearly stipulate whether compulsory treatment can be given to a mentally ill person who has caused the consequences of violating the administration of public security. Although article 14 of the "People's Police Law" states, "The people's police of public security organs may employ protective restraint measures against mentally ill persons who seriously endanger public safety or the personal safety of others." Where it is necessary to be sent to a designated unit or place for guardianship, it shall be reported to the people's public security organs at or above the county level for approval, and their guardians shall be promptly notified", but it is not clear whether this provision applies to mentally ill persons who violate the administration of public security.

We believe that compulsory treatment is an administrative coercive measure that restricts personal freedom, and may not be taken against the perpetrator in the absence of explicit provisions in the law. However, for mentally ill persons who cause consequences of violating the administration of public security, protective restraint measures may be taken that are necessary to cover the resistance.

Legal Analysis: Whether a mentally ill person should be legally responsible for breaking the law is divided into the following three situations: 1. A mentally ill person who is completely not criminally responsible.

This refers to a situation in which a mentally ill person causes harmful consequences when he or she is unable to recognize or control his or her own behavior. Such a mentally ill person is a mentally ill person who is completely devoid of criminal responsibility and does not bear criminal responsibility for the acts he commits that endanger society. 2. Mentally ill persons who are fully criminally responsible.

This refers to the situation in which an intermittent mentally ill person commits a crime when he is mentally normal, and should be held criminally responsible. 3. Mentally ill persons with limited criminal responsibility, also known as mentally ill persons with reduced criminal responsibility or partial criminal responsibility. This refers to the situation where a mentally ill person who has not completely lost the ability to recognize or control his or her own behavior commits a crime, and who commits the crime and should bear criminal responsibility, but the punishment may be mitigated or commuted.

Legal basis: "Criminal Law of the People's Republic of China" Article 18: Where a mentally ill person causes harmful results when he is unable to recognize or control his own behavior, and it is confirmed through legally-prescribed procedures, he does not bear criminal responsibility, but his family or a person in custody shall be ordered to take strict care and 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.