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If a mentally ill person hurts someone or causes a very serious loss, although the mentally ill person himself does not bear legal responsibility, then the guardian of the mentally ill person must make a certain amount of compensation for the economic and material losses caused.
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1. A mentally ill person may be a person with no capacity for civil conduct or a person with limited capacity for civil conduct. Where a mentally ill person who has been declared by the court to be a person with no or limited capacity for civil conduct causes harm to others, his guardian shall be liable for compensation. If the mentally ill person owns his own property, he shall pay compensation with his own property, and the shortfall shall be appropriately compensated by the guardian, except where the unit is the guardian; 2. If a mentally ill person has not been declared to be a person with no or limited capacity for civil conduct in accordance with the law, or if the aggressor claims to be mentally ill, he shall be liable for compensation.
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Requiring their guardians to strengthen supervision is difficult to effectively control, so they can only be sent to a psychiatric hospital by the police, and the guardians must bear the cost of medical treatment and the liability for compensation for injuries caused to others. If it is difficult for the guardian to perform his or her duties, try to hide as much as possible to avoid harm on his own.
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Overview:Where a mentally ill person injures someone, the guardian bears legal responsibility.
Explanation:Mentally ill persons with capacity for conduct who injure others during the onset do not bear criminal liability, but guardians must bear civil liability, including formal apologies, compensation for losses, etc.
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According to Article 133 of the General Principles of the Civil Law of the People's Republic of China, where a person who lacks or has limited capacity for civil conduct causes harm to others, the guardian shall bear civil liability.
According to article 18 of the Criminal Law of the People's Republic of China, 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, but his family or guardian shall be ordered to strictly supervise and receive medical treatment; When necessary, by ** compulsory medical treatment.
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Neuropathy hurts people to be forced, and they can't be left to their own devices, otherwise he will bring more harm. Besides, hurting someone is one of the symptoms of his condition, so it should be carried out effectively under the care of relatives.
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Where a mentally ill person commits a crime as a special criminal entity, and 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.
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In this case, the patient is not responsible, and the guardian is responsible for compensation. It is best to negotiate first, and if the negotiation fails, you can also solve the problem through legal means. Wishing you all happiness and happiness.
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It is not illegal. But the guardian is made up of. Responsibility. I'll have to talk to my guardian about that. The only way is to go to a guardian.
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If a mentally ill person hurts someone, he can only find his guardian for theoretical compensation.
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If a mentally ill person is injured, ask his guardian to negotiate compensation.
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Find a guardian or take you to a psychiatric hospital.
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When the disease is onset, it is irresponsible to hurt people, and it is responsible when it is not sick.
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He is not legally responsible for injuring a person because he is incapacitated.
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Hello, glad to answer for you. This depends on whether the illness of the mentally ill person is intermittent and whether the person is in the onset period at the time of the injury. If a mentally ill person cuts a person at the time of the onset of the disease, he does not bear criminal liability, but he must bear civil liability.
It is necessary to make civil compensation. However, if a mentally ill person hits or injures someone during a non-mental period, he may be charged with the crime of intentional injury as provided for in the Criminal Law and investigated for criminal responsibility. Case-by-case analysis.
Mentally ill persons are divided into those who are partially incapacitated for civil conduct and those who are completely incapacitated for civil conduct. Mentally ill persons do not have the capacity for criminal responsibility and civil responsibility, so they will not bear legal responsibility for beating or killing, and they can find a guardian for compensation, and the guardian will bear part of the responsibility.
Generally speaking, if a mentally ill person beats someone and causes harm to others, his guardian should be held responsible, and as long as there is a mentally ill person who has a guardian, he must be held liable. Among them, after the mentally ill person injures another person, he must compensate the victim for medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, and other expenses. Hopefully, the above information can help you.
Legal basisInterpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases
Article 17: Where a victim suffers a personal injury, the person obligated to compensate for all expenses incurred for medical treatment, as well as the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, lodging expenses, hospital meal allowances, and necessary nutrition expenses.
If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.
If a mentally ill person has property, he or she shall pay compensation from that part of his property, and if he does not have property, his guardian shall pay compensation.
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How to deal with it should be determined on the basis of the injuries of the injured person and the mental condition of the mentally ill person at the time of the beating, and where the mentally ill person beats or injures when he is unable to recognize or control his own behavior, he is not to be punished, but his guardian shall be ordered to take strict care of him, and his guardian shall bear civil liability for compensation. Where an intermittent mentally ill person injures someone while he is mentally normal, it is determined that he will be given a public security punishment on the basis of the injuries of the injured person, and the only way to do so is to pursue criminal responsibility.
Legal basis
Article 18 of the Criminal Law: Where a mentally ill person with capacity for criminal responsibility causes harmful results when he is unable to recognize or control his or her 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 yet completed the disturbance and has 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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For mentally ill persons who intentionally hurt others, a specific analysis is required. Mentally ill persons are divided into three categories, with different criminal responsibilities: (1) Completely starved and corrupted patients (unable to recognize and control their own behavior) - such persons shall not be held criminally responsible if they have been identified and confirmed by legal procedures, but shall be ordered to strictly supervise and treat them by their family members or guardians; When necessary, by ** compulsory medical treatment.
2) Intermittent mentally ill people (sometimes mentally normal, sometimes unable to recognize and control their own behavior) - such people commit crimes when they are mentally normal and should be held criminally responsible. 3) Mentally ill persons who have not completely lost the ability to recognize or control their own behavior - such persons shall be held criminally responsible, but the punishment may be mitigated or commuted.
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Legal Analysis: Mentally ill persons are divided into those who are partially incapacitated for civil conduct and those who are completely incapacitated for civil conduct.
A mentally ill person who beats someone and causes injury to others shall be held liable by his guardian, and as long as there is a mentally ill person who has a guardian, he shall be liable, and the civil law stipulates that if a mentally ill person causes injury to others, the guardian shall be liable for compensation.
If a mentally ill person hits someone and injures himself during a non-mental period, he may be prosecuted for the crime of intentional injury as provided for in the Criminal Law and investigated for criminal responsibility.
Legal basis: Article 18 of the Criminal Law of the People's Republic of China Order the guardian to take strict custody, the victim may claim compensation from the guardian, and the police station may assist in mediation. Under normal circumstances, if there is a guardian and the guardian is unable to supervise them, they may be sent to a local psychiatric hospital.
When a mentally ill person commits or is about to commit a dangerous act, the victim or other person fails to report to the police after reporting to the police is an administrative omission. where serious consequences are caused, criminal responsibility is pursued in accordance with law.
Honestly, 1Take him to the hospital and tie him up;
2.Isolation, 3If the financial situation does not allow it, you have to call the police >>>More
If a mentally ill person cuts a person at the time of the onset of the disease, he does not bear criminal liability, but he must bear civil liability. >>>More
On February 24, 2017, a mentally ill person injured someone at Luoning Public Hospital (private). After the incident, the county party committee and the county immediately set up a leading group for the handling of the "incident", organized relevant departments to rescue the injured, and at the same time set up an investigation team to conduct a comprehensive investigation of the incident. >>>More
1. It is recommended to report the case to ** in a timely manner, if the injury is assessed to be more than minor injury (including minor injury), the beater has been suspected of the crime of intentional injury, and shall be investigated for criminal responsibility in accordance with the law, the first paragraph of Article 234 of the Criminal Law stipulates: "Whoever intentionally injures the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release." "Whoever commits the crime in the preceding paragraph and causes serious injury to another person is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. >>>More
Find something to sustenance, or go to the welfare home to see those innocent and lovely orphans, or chat on the Internet, in short, when the mood is suddenly wrong, improve the mood in time, find a way to fill this time, be self-reliant, sing more, make yourself happy, I hope you can get better soon! Come on.