The criminal suspect is a criminal suspect who is found to be mentally ill, do you want to go to jai

Whether the suspect's behavior is consistent with his mental symptoms, the hospital's diagnosis cannot be used as evidence that the suspect is mentally ill, and must undergo a psychiatric forensic evaluation. If you are diagnosed with mental illness, you can avoid jail time. However, the family members are liable for the relevant civil compensation.

The person concerned should also be sent to a psychiatric hospital affiliated with the local public security organ for compulsory **.

If you are sober at the time of the crime, you will be imprisoned, but you will be released on medical parole and sent to a psychiatric hospital, and then imprisoned for execution after being cured.

If you are not sober, you don't have to go to jail, you have to go to a psychiatric hospital, and you don't have to go to jail after you are cured, but your guardian has to bear civil liability.

Whether you want to go to jail or not depends on the judicial appraisal:1whether they had the capacity for criminal responsibility at the time of the crime; 2. Whether they have the ability to stand trial.

If the result of the psychiatric evaluation is that he does not have the capacity for criminal responsibility, he will definitely not go to prison if he does not need to consider the second item; If you have the capacity for criminal responsibility or the capacity for limited responsibility, it depends on whether you have the ability to stand trial, and whether you are imprisoned depends on the results of the evaluation.

Even if you are in prison, you can apply for medical parole on the grounds of mental illness.

The capacity for criminal responsibility should be determined through forensic evaluation to determine whether he is mentally ill and the ability to control, and if he is completely mentally ill, he does not need to bear criminal responsibility and does not need to go to prison.

It depends on whether he was awake at the time of the crime, and if he is sober, he must go to prison, otherwise he will not only be released on medical parole and sent to a psychiatric hospital, but will also be imprisoned for execution after being cured.

One group of mentally ill people is intermittent psychosis, so the key depends on whether there is evidence that he was normal at the time of the crime.

If the appraisal is recognized by the court and it is found that the offender was in a state of onset at the time of the crime, then he does not have to bear criminal responsibility. Therefore, the most important thing is whether the validity of the appraisal is recognized, and if not, it must be re-evaluated.

If he sinned while he was sick, then it would be fine.

According to Article 18 of the Criminal Law, whether a mentally ill person is punished for committing a crime should be analyzed on a case-by-case basis

1. Mentally ill persons who cause harmful results when they are unable to recognize bad smiles or control their own behavior do not bear criminal responsibility.

2. Intermittent mentally ill persons who commit crimes when they are mentally normal shall bear criminal responsibility.

3. 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.

1. No sentence for mental illness.

The sentence is not directly related to the level of mental illness, but rather to determine whether the mentally ill person was incapacitated at the time of the crime. According to article 18 of the Criminal Law, if a mentally ill person causes harmful results when he is unable to recognize or control his or her own behavior, and it is confirmed through legal 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.

II. Capacity for criminal responsibility of special personnel.

The law stipulates that the capacity for criminal responsibility of special persons is: where a mentally ill person causes harmful results when he is unable to recognize or control his own behavior, and it is confirmed through legal procedures, he does not bear criminal responsibility in his virtual state; 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.

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.

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.

For mentally ill persons who have not completely lost the ability to recognize or control their own conduct, the base sentence may be reduced by up to 30% based on factors such as the severity of the illness and the nature of the crime.

A mentally ill person is not criminally liable if he commits a crime while he is ill, and an intermittent mentally ill person is criminally liable if he commits a crime when he or she is not ill.

If it is during the period of committing the crime, it is not criminally responsible, but its civil liability still has to be borne by its guardian.

If the sentence is given, it is also very small, and even the ta** is sent to a psychiatric hospital**, which is locked up in a psychiatric hospital.

I've seen a psychiatric hospital with a lot of people locked up in it, almost a thousand, hundreds of people in a building, some singing in it, some crying inside, some shouting for medicine, (it's usually a number of mentally ill people who know the local dialect). Some are normal, sometimes they come on suddenly.

Prison parole will be approved for fatal diseases, such as terminal cancer, broken organs, and so on.

(1) The family submits an application to provide relevant evidence for the suspect's illness or possible illness (including the suspect's past medical history, family medical history, and so forth), and then evaluates it in accordance with law; (2) Where the public security organs have seized or discovered that the suspect has symptoms of mental illness and suspects that he may be mentally ill, a judicial evaluation is to be initiated so as to better solve the case, litigation, conviction and sentencing, and other such circumstances; (3) The procuratorate suspects that the suspect is mentally ill. After the psychiatric evaluation procedures are initiated, the relevant organs shall appoint or hire a person or institution with specialized knowledge to conduct the evaluation, and after making a forensic psychiatric evaluation conclusion; Psychiatric forensic evaluators participating in the evaluation shall sign an evaluation opinion, and if there are different opinions, they should be recorded in the case file, and the evaluation conclusion is to be made in the form of a "Written Opinion on the Review of Appraisal Documentary Evidence". If there is an objection to the appraisal, the parties may directly request a re-appraisal when they are informed, or request a re-appraisal before being informed.

Legal basis

Article 44 of the Law on the Prevention and Treatment of Occupational Diseases provides that a worker may have an occupational disease diagnosed at a medical and health institution that is responsible for the diagnosis of occupational diseases in accordance with the law at the place where the employer is located, the place where he or she is registered or the place where he habitually resides.