How is the capacity for criminal responsibility of mentally ill persons divided

Capacity for criminal responsibility refers to the ability of the perpetrator to recognize and control his or her own behavior in the sense of criminal law, which must be possessed in order for the perpetrator to constitute a crime and bear criminal responsibility.

The capacity of mentally ill persons for criminal responsibility is generally divided into the following three categories:

1. Mentally ill persons who are completely incapable of criminal responsibility.

The first paragraph of Article 18 of the Criminal Law provides: "Where a mentally ill person causes harmful results when he is unable to recognize or control his own behavior, and it is determined through legal 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. ”

2. Mentally ill persons with full capacity for criminal responsibility.

Paragraph 2 of Article 18 of the Criminal Law stipulates: "An intermittent mentally ill person who commits a crime when he is mentally normal shall bear criminal responsibility. "Intermittent mentally ill persons have the ability to recognize or control their own behavior when they are mentally normal, and therefore should bear criminal responsibility for their criminal acts.

3. Mentally ill persons with limited capacity for criminal responsibility.

The third paragraph of Article 18 of the Criminal Law provides: "Where a mentally ill person who has not completely lost or control his or her own behavior commits a crime, he shall bear criminal responsibility, but the punishment may be mitigated or commuted. "Mentally ill persons with limited capacity for criminal responsibility are a subset of mentally ill persons who fall between the first two types of mentally ill persons.

The Penal Code provides for mitigating or mitigating punishment for such persons.

Legal Analysis: The capacity of mentally ill persons for criminal responsibility is generally divided into the following three categories: 1. Mentally ill persons who are completely incapable of criminal responsibility. 2. Mentally ill persons with full capacity for criminal responsibility. 3. Mentally ill persons with limited capacity for criminal responsibility.

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. Intermittent mentally ill persons who commit crimes when they are 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.

Legal Analysis: First, mentally ill persons who are completely incapable of criminal responsibility. Such mentally ill persons shall not bear criminal responsibility when they are unable to recognize or control their own behavior when committing a crime that causes harmful results.

Of course, whether a mentally ill person has the capacity for criminal responsibility still needs to be evaluated in accordance with legal procedures to confirm; Second, mentally ill persons who are fully capable of criminal responsibility. This kind of mentally ill person is generally intermittent psychosis, and has no capacity for criminal responsibility when he has a psychotic episode, but when he does not have an episode, he is quite a normal person, and of course he must bear full criminal responsibility for the crime at this time.

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 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 receive medical treatment; When necessary, by ** compulsory medical treatment.

First, a mentally ill person who is completely incapable of criminal responsibility, such a mentally ill person does not need to bear criminal responsibility after being evaluated by legal procedures, but is ordered to be strictly supervised and treated by his family, and when necessary, he is subject to compulsory medical treatment;

The second is a mentally ill person who is fully capable of criminal responsibility, and this kind of mentally ill person is an indirect tremor and washout disease, and needs to bear criminal responsibility;

The third is a mentally ill person with limited capacity for criminal responsibility, and such a person who has not completely lost control of his or her own behavior shall bear criminal responsibility, but may be sentenced to a reduced age or a lighter punishment depending on the circumstances.

When handling cases of intentional homicide by persons with mental disorders, the criminal suspect's capacity for criminal responsibility is substantial.