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Anonymous users2024-02-06Summary. Relatives and relatives of mentally ill persons are to be dealt with as follows: Generally, the family members serve as guardians, and if the family members are truly incapable of guardianship, the local neighborhood committee, village committee, and civil affairs department will be responsible.
The scope and order of legal guardians for adult mentally ill persons are: spouse, parents, adult children, other close relatives, close relatives or friends, neighborhood committees, village committees, and civil affairs departments of the mentally ill person's unit or place of residence. The order of legal guardians has the effect of having priority over the former as guardian in the latter.
Relatives and relatives of mentally ill persons are to be dealt with as follows: Generally, the family members serve as guardians, and if the family members are truly incapable of guardianship, the local neighborhood committee, village committee, and civil affairs department will be responsible. The scope and order of the legal guardians of adult mentally ill persons are:
Spouses, parents, adult children, other close relatives, close relatives or friends, neighborhood committees, village committees, and civil affairs departments of the mentally ill person's unit or place of residence. The order of legal guardians has the effect of having priority over the former as guardian in the latter.
Relatives may communicate with the family or guardian of the mentally ill person, request that the other party be strictly supervised and treated, and according to the actual circumstances of the threat, they may also report to the public security organs for help, and when necessary, they may be subject to compulsory treatment, or they may directly file a lawsuit with the people's court to request that the mentally ill person be compulsorily treated.
According to Article 18 of the Criminal Law of the People's Republic of China, if a mentally ill person causes harmful results when he is unable to recognize or control his own behavior, and it is confirmed by legal procedures, he does not bear criminal responsibility, but his family or guardian shall be ordered to strictly supervise and receive medical treatment, and when necessary, compulsory treatment shall be carried out by **.
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Anonymous users2024-02-05If a mentally ill person is a person with no capacity for civil conduct, the guardian of the elderly should first be confirmed in accordance with legal procedures, and the guardian shall bear the guardianship obligation.
2. Legal provisions.
Article 302 of the Criminal Procedure Law stipulates: "Mentally ill persons who commit violent acts, endanger public safety or seriously endanger the personal safety of citizens, and are not criminally responsible in accordance with the law after being assessed through legal procedures, may be subject to compulsory treatment." It can be seen that three conditions must be met at the same time for the application of compulsory treatment procedures:
That is, the mentally ill person commits violent acts, endangers public safety or seriously endangers the personal safety of citizens; shall not bear criminal responsibility in accordance with law after being evaluated through legal procedures; There is a possibility that it will continue to endanger society. This provision is relatively principled and difficult to operate in practice. For example, how to judge that the violent acts committed by a mentally ill person have endangered public safety or seriously endangered the personal safety of citizens; what are the specific criteria for designation; what is the standard of evidence according to which judicial personnel conduct a substantive review of the conduct carried out by a mentally ill person; how to conduct a comprehensive review and judgment of a mentally ill person whose evaluation conclusion is not criminally responsible, where there are inconsistencies or even contradictions in the conclusions of two or more appraisal opinions; who is to assess the state of "having the possibility of continuing to endanger society", and so on, all of which plague the handling of compulsory treatment cases.
As the guardians of the mentally ill, the mentally ill family has the right to request the hospital to provide compulsory medical treatment to the patient when the patient does not yet have the capacity for civil conduct. When a mentally ill family member requests compulsory medical treatment but encounters some trouble or problems, how to deal with it can be solved by a lawyer on Lyco.com.
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Anonymous users2024-02-04Intermittent psycho patients may take coercive measures. The following coercive measures may be taken;
1. According to the actual situation, if a mentally ill person is suspected of criminal responsibility, compulsory treatment may be carried out in accordance with the provisions of the law. There is no need to send a prison to serve a sentence.
2. On the basis of article 284 of the "Criminal Procedure Law of the People's Republic of China": Mentally ill persons who commit violent acts, endanger public safety or seriously endanger the personal safety of the public and enlighten the people, and are not criminally responsible in accordance with the law, and are identified through legal procedures, may be given compulsory treatment.
3. Article 285: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.
4. 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.
5. Where in the course of hearing a case, the people's court discovers that the defendant meets the requirements for compulsory treatment, it 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.
Article 284 of the Criminal Procedure Law of the People's Republic of China provides that if a juvenile criminal suspect who has been conditionally non-prosecuted falls under any of the following circumstances during the probationary period, the people's procuratorate shall revoke the conditional non-prosecution decision and initiate a public prosecution:
1) Where a new crime is committed, or where it is discovered that there were other crimes that need to be prosecuted before the decision to conditionally not prosecute;
2) Violations of public security administration regulations or the supervision and management provisions of the investigation organs on conditional non-prosecution, and the circumstances are serious.
Juvenile criminal suspects who have been conditionally not prosecuted do not have the circumstances described above during the probationary period, and where the probationary period is complete, the people's procuratorate shall make a decision not to prosecute.
Article 285 of the Criminal Procedure Law of the People's Republic of China: Cases in which the defendant is under the age of 18 at the time of trial are not to be tried in public. However, with the consent of the juvenile defendant and his legally-designated person, the juvenile defendant's Zhaoqin school and juvenile protection organization may send representatives to attend.
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