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To check whether a criminal suspect suffers from mental illness, the investigating organs shall decide whether to conduct a judicial evaluation in light of the circumstances. Because whether a suspect suffers from mental illness is related to his or her ability to be criminally responsible, which in turn affects sentencing. Examinations for psychiatric disorders are generally cautious.
Judicial appraisal refers to the activities in which forensic appraisal institutions and forensic appraisers use science and technology or specialized knowledge to inspect, identify, and judge specialized issues involved in litigation, and provide appraisal opinions, including forensic medicine, physical evidence, and audio-visual data appraisals, as well as other types of appraisals such as accounting, intellectual property rights, construction projects, product quality, maritime affairs, transportation, and electronic data required for litigation.
Article 18 of the Criminal Law:
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.
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.
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This is not requested by the family, but is decided by the investigating organs on their own according to the circumstances. The premise is that your case is a criminal case because you are expressing a criminal suspect. Whether it is a mentally ill person or not, whether it was committed at the time of the onset of the disease, this determines the characterization of the case, the determination of the subject of the crime, and is a very serious matter, and the relevant authorities will treat it with caution.
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Dependents are all acceptable. Spouse, children, parents.
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No, this is an internal family problem, and the police station does not have this obligation, so you can contact the hospital and ask the hospital to send a vehicle and medical personnel. Of course, you are responsible for this cost.
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You can only go to the hospital to deal with it, and the police station is not obliged to help you deal with this suspected mental patient, after all, he has not committed a crime, or violated relevant laws and regulations.
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This is possible. As long as this person will make a situation that endangers society. Only then can you ask the public security organs, well, to take them for inspection.
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Yes, but the police station may not accept the request. Generally, it is the family member who arranges for the patient to go to a psychiatric hospital for examination and**.
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Sick people also have human rights, let alone suspected patients in your mouth. You have to be a little bit of a legal awareness, you have to help someone who is sick, take him to the doctor, and then say if he is a patient or not. Mental illness and mental illness are different.
Legal awareness and medical knowledge, as well as supporting loved ones, are all things you need to be aware of.
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You have to go for relevant judicial consultation, and if you learn your own family, you should be able to send it for testing.
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Family members do not have the right to send a suspected mentally ill person away, and can only be sent away if the hospital presents the case.
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Family members can apply to a psychiatric hospital to help with the examination and treatment.
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Summary. There are the following ways to apply for forensic psychiatric evaluation: 1. The family submits an application, providing relevant evidence for the suspect's past illness or possible illness (including the suspect's past medical history, family medical history, etc.), and then conducting an evaluation in accordance with law.
2. If the public security organs find or discover that the suspect has mental illness symptoms and suspects that he may be mentally ill, a judicial appraisal will be conducted in order to better solve the case, litigation, conviction and sentencing, etc. 3. The procuratorate suspects that the suspect is mentally ill. Jurisprudence :
Article 25 of the General Principles of Judicial Appraisal Procedures stipulates that if it is necessary to conduct a physical examination of a person who lacks or has limited capacity for civil conduct during the appraisal process, his guardian or close relatives shall be notified to be present as witness; When necessary, the client may be notified to appear at the witness. Where forensic psychiatric evaluations are conducted on the person being evaluated, the client or the person's close relatives or guardians shall be notified to appear as witnesses.
There are the following ways to apply for forensic psychiatric evaluation: 1. The family submits an application, providing relevant evidence for the suspect's past illness or possible illness (including the suspect's past medical history, family medical history, etc.), and then conducting an evaluation in accordance with law. 2. If the public security organs find or discover that the suspect has symptoms of mental illness and suspects that he may be mentally ill, he will conduct a judicial appraisal in order to better solve the case, prosecute, convict and sentencing, and other fighting situations.
3. The procuratorate suspects that the suspect is mentally ill. Legal basis for disagreement: Article 25 of the General Principles of Judicial Appraisal Procedures stipulates that if it is necessary to conduct a physical examination of a person who lacks or has limited civil capacity during the appraisal process, his guardian or close relatives shall be notified to be present as witness; When necessary, the client may be notified to appear at the scene to witness the virtual sale.
Where forensic psychiatric evaluations are conducted on the person being evaluated, the client or the person's close relatives or guardians shall be notified to appear as witnesses.
Thank you for your trust.
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Whether a criminal suspect is mentally ill is subject to a forensic evaluation as follows: First, it is up to the judicial organ to decide whether or not it is necessary to conduct a false legal evaluation, and the criminal suspect and his defender cannot decide on their own and can only submit an application. Where the criminal suspect is not satisfied with the evaluation opinion, he may apply for a supplemental evaluation or a new evaluation.
Secondly, the judicial appraisal opinion must be cross-examined in court and comply with the provisions of the law before it can be accepted.
Article 18 of the Criminal Law: Where a mentally ill person causes the first harm of a dangerous suspect 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 take strict care and medical treatment; When necessary, by ** compulsory medical treatment. Article 146 of the Criminal Procedure Law: In order to ascertain the facts of a case, when it is necessary to resolve certain specialized issues in the case, a person with specialized knowledge shall be appointed or hired to conduct an evaluation. Article 148: The investigating organs shall inform the criminal suspect or victim of the evaluation opinions to be used as evidence.
If the criminal suspect or victim submits an application, the evaluation may be supplemented or re-evaluated.
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Hello, I'm glad about your question, this is for patients who refuse to seek medical treatment, and family members can use some coercive means to send them to the hospital <>
or forcibly admitting to a hospital with the assistance of the hospital. These are subject to a certain amount of legal analysis, and in accordance with the provisions of the relevant laws, if a mentally ill person commits an act of violence, endangers public safety or seriously endangers the personal safety of citizens, and is identified through legal procedures as not bearing criminal responsibility in accordance with the law, and there is a possibility that he will continue to endanger society, he may be given compulsory treatment, such as violent acts committed against a mentally ill person, and how to judge the court to conclude that his or her conduct has endangered public safety or seriously endangered the personal safety of citizens Specific Criteria for DesignationWhat is the standard of evidence for the conduct of a mentally ill person, how to conduct a comprehensive review and judgment of a mentally ill person whose evaluation conclusion is not criminally responsible, and where there is an inconsistency in the conclusions of two or more appraisal opinions, and who will assess the state that is likely to continue to endanger society, etc., all plague the handling of compulsory treatment cases, and I hope that I can help you <> you
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Legal analysis: Forensic appraisal usually includes: forensic appraisal (i.e., the identification and judgment of corpses, persons, secretions, excretions, stomach contents, hair, etc. related to the case), forensic psychiatric appraisal (i.e., the identification and judgment of whether a person is mentally ill and has the capacity for criminal responsibility), technical appraisal (i.e., the identification and judgment of fingerprints, footprints, handwriting, bullet marks, etc.), accounting appraisal (i.e., the accounts, forms, documents, invoices, etc. Activities to identify and judge written materials such as checks) and identification of technical problems (i.e., activities to identify and judge science and technology related to industry, transportation, construction, etc.).
In the forensic evaluation, the personal injury is determined and whether the suspect is ill.
Legal basis: Criminal Procedure Law of the People's Republic of China Article 132: It is to be conducted by a hospital designated by the provincial-level people, and after the evaluator conducts the evaluation, the evaluation conclusion shall be written, and the evaluator shall sign it, and the hospital shall affix its official seal. If, after cross-examination, the people's court finds that there are doubts and cannot be used as the basis for a verdict, it may hire another hospital designated by the provincial-level people** to conduct a supplementary evaluation or a new evaluation.
It is not possible to hire another appraisal agency to conduct supplementary appraisals or re-appraisals.
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