Is there a civil or criminal liability for Alzheimer s crimes?

Alzheimer's crimes generally do not require civil or criminal liability, and should be determined on a case-by-case basis. Alzheimer's disease may affect the suspect's ability to recognize and control at the time of the crime, so that he does not have the capacity for criminal responsibility at the time of the crime, or does not have full capacity for criminal responsibility, so that he does not have to bear or does not have to bear full criminal responsibility.

Legal analysisA mentally ill person who is unable to recognize his or her own actions is a person who lacks capacity for civil conduct. If it is a person without capacity for criminal responsibility, it does not need to bear legal responsibility, but the family has the obligation to compensate the victim for relevant losses, and bear the obligation of discipline and protection. For crimes committed by the elderly, the motive, purpose, circumstances, consequences, and expressions of remorse for the crime should be fully considered, and lenient punishment should be given as appropriate in consideration of their personal dangerousness and the likelihood of recidivism.

Crimes committed by the elderly also need to bear criminal responsibility, even if it is a special group, this cannot be avoided, but the specific punishment that needs to be borne depends on the specific circumstances of the case, if the elderly have reached the age of 75 and intentionally commits a crime, they can be given a lighter or commuted punishment. If the crime is negligent, the punishment will be mitigated. The death penalty shall not be applied to persons who have reached the age of 75 at the time of trial, except where death is caused by particularly cruel means; Those who are sentenced to fixed-term imprisonment of less than three years and meet the conditions must be given a suspended sentence to the elderly.

Legal basisCriminal 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 provide 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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Alzheimer's crimes require civil or criminal liability. It is determined on a case-by-case basis. Alzheimer's disease may affect the suspect's ability to recognize and control at the time of the crime, so that he does not have the capacity for criminal responsibility at the time of the crime, or does not have full capacity for criminal responsibility, so that he does not have to bear or does not have to bear full criminal responsibility.

Is there a civil or criminal liability for Alzheimer's crimes?

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Alzheimer's crimes require a civil or criminal defense. It is determined on a case-by-case basis. Alzheimer's disease may affect the suspect's ability to grasp both abilities, so that he does not have the capacity for criminal responsibility at the time of the crime, or does not have the full capacity for criminal responsibility, so that he does not have to bear or does not have to bear full criminal responsibility.

A person who is unable to recognize the spirit of his own behavior is a person who lacks capacity for civil conduct. If it is a person without criminal capacity, there is no need to bear legal responsibility, but the family has the obligation to compensate the victim for relevant losses, and bear the obligation of discipline and protection. For crimes committed by elderly people, the motive, purpose, circumstances, consequences, and expressions of remorse for committing the crime should be fully considered, and lenient punishment should be given in consideration of the danger to their person and the possibility of recidivism.

Article 18 of the Criminal Law of the People's Republic of China: Where a person who is unable to recognize or control his or her conduct causes harmful results, and is confirmed by legal procedures, he shall not bear criminal responsibility, but shall be ordered to strictly guard and receive medical treatment from his family or guardian; When necessary, by ** compulsory medical treatment. A person who commits a crime when he is mentally normal shall bear criminal responsibility. Where a mental 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.

If an elderly person with dementia steals an electric car and loses it again, does the family have an obligation to compensate?

However, the family has the obligation to compensate the victim for the relevant losses and to assume the duty of discipline and protection.

Legal analysis: If it is confirmed that he is a patient with Alzheimer's disease after a legal and valid medical evaluation, then the criminal act he committed is not considered to be a crime anymore and does not have to bear criminal responsibility. However, his supervisor Wang Guardian needs to take strict care of him and bear the liability for damages for the civil infringement he has committed.

If necessary, the court may decide to impose compulsory medical treatment on the patient. The local procuratorate is to carry out legal supervision over the entire process of compulsory treatment.

Legal basis: Criminal Law of the People's Republic of China, Article 17-1 Where a person who has reached the age of 75 intentionally commits a crime, the punishment may be mitigated or commuted; Where crimes of negligence are committed, the punishment shall be mitigated or commuted.

Legal Analysis: Mentally ill persons who have not completely lost the ability to recognize or control their own conduct shall bear criminal responsibility for committing crimes, but the punishment may be mitigated or commuted.

Legal basis: Criminal Law of the People's Republic of China Article 17: Where a person who has reached the age of 75 intentionally commits a crime, the punishment may be mitigated or commuted; Where crimes of negligence are committed, the punishment shall be mitigated or commuted.