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Article 234 of the Criminal Law of the People's Republic of China stipulates that the act of intentionally and unlawfully harming the body of another person is the crime of intentional injury.
Where the crime of intentional injury is constituted, the starting sentence may be determined within the corresponding range on the basis of the following different circumstances:
Where intentional injury causes minor injury to one person, the starting sentence may be determined within the range of 6 months to 1 year and 6 months imprisonment;
Where intentional injury causes serious injury to one person, the starting sentence may be determined within the range of 3 to 4 years imprisonment;
Where a person is seriously injured by intentional injury by especially cruel means, causing a grade 6 serious disability, the starting sentence may be determined within the range of 10 to 12 years imprisonment. Except where a sentence of indefinite imprisonment or higher shall be given in accordance with law;
Where intentional injury causes the death of one person, the starting sentence may be determined within the range of 10 to 15 years imprisonment. Except where a sentence of indefinite imprisonment or higher shall be given in accordance with law; 0
j suggested that the police should be solved. If the psychiatric assessment is that he is a person with complete incapacity for civil conduct or a person with limited capacity for civil conduct. You can sue their guardian for liability.
For details, you can ask a lawyer on the magic weapon Q&A website.
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It's good that nothing happened. If something happens, you still have to be responsible. Still, if he is a patient, you can't move, if it gets entangled with you, it won't be easy.
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If you injure him, you must be liable, but depending on the specific circumstances, whether you have to bear criminal liability, civil compensation must be, if he injures your brother he does not need to bear any responsibility, you can ask his guardian to take responsibility.
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You're a psychodog.
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Legal Analysis: Negotiate with neighbors to get neighbors to pay attention to the guardianship of the mentally ill, or request mediation from the people's police. If you are harassed by your neighbor during your break time, you are suspected of infringement, and you should advocate that your neighbor stop infringing.
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Legal analysis: His parents or guardians can be informed and asked to exercise discipline over the mentally ill patient. If the circumstances of harassment are serious, the police may be called, and the public security organs may order the family members or guardians of the mentally ill to take strict care and medical treatment, and when necessary, compulsory medical treatment is to be given.
Legal basis: Civil Code of the People's Republic of China
Article 34: The duties of guardians are to carry out civil juristic acts and protect the personal rights, property rights, and other lawful rights and interests of the wards.
The rights of guardians arising from the lawful performance of guardianship duties are protected by law.
Where guardians do not perform guardianship duties or infringe upon the lawful rights and interests of their wards, they shall bear legal responsibility.
Where due to emergencies such as emergencies, guardians are temporarily unable to perform guardianship duties, and the ward's life is in a state of no one to take care of them, the residents' committee, villagers' committee, or civil affairs department for the ward's domicile shall arrange necessary temporary living care measures for the ward.
Article 35: Guardians shall perform guardianship duties in accordance with the principle of the best interests of the ward. Guardians must not dispose of the ward's property except to protect the ward's interests.
When performing guardianship duties, the guardians of minors shall respect the true wishes of the wards based on the ward's age and mental status when making decisions related to the ward's interests.
Adult guardians performing guardianship duties shall respect the true wishes of the ward to the greatest extent possible, and ensure and assist the ward in carrying out civil juristic acts appropriate to their intellectual and mental health conditions. Guardians must not interfere in matters that the ward has the ability to handle independently.
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Hello, according to your description of the situation, generally speaking, it is recommended that you should stay away from him, and when he scolds, you should go a little farther away, so that there will be no harm in speaking, pay attention to maintain a good mood and relax your mind, don't worry about him in general. He is a patient. Hope the above can help you.
Question: I mean my neighbor is a normal person, did he scold that psychopath, did he break the law, did both of them get sick?
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For such a neighbor, you don't have to meet him in general, for some of his usual excessive behavior, you just turn a blind eye, the more you care about him, the more they will do something to you, as long as you turn a blind eye, this is the best way to get along.
Recently, incidents of mentally ill persons breaking the law and committing crimes and endangering public safety have occurred frequently, which has aroused widespread concern from all walks of life. Many people talk about the discoloration of the mentally ill and are worried, seeing that the mentally ill are like encountering a "time bomb" and do not know how to deal with them in their daily activities.
Agitated and agitated patients should treat such patients in a calm tone, mainly to soothe, and do not put pressure on the patient, otherwise the patient will be more irritated. Criticism or accusations against patients are also undesirable and practically ineffective. If the patient behaves impulsively, hurting, or destroying objects, the police should be called as soon as possible to force the patient to be hospitalized to avoid the occurrence of malignant events.
Sensitive and suspicious patients should be treated with repeated persuasion, repeated explanations, or appropriate assurances. Since sensitivity and suspicion belong to a personality trait, it is able to accept persuasion, but it will not persist, similar to suspicion.
It will also recur.
Therefore, it is necessary to take the trouble to explain to the patient; At the same time, it should also be noted that in daily work, office members should try not to avoid patients when talking to each other, and even consciously let patients hear clearly, which can reduce patients' misunderstandings.
Some families deliberately conceal the existence of mentally ill persons in their families because they feel that having a mentally ill person in their family will have a negative impact on their family reputation. Even when others are aware of it, they deny it outright. But these can't be hidden, and they will be discovered over time.
Instead of avoiding medical treatment, it is better to be generous and send the patient to **.
In general, mentally ill patients can be treated with psychotropic drugs.
If the condition is controlled, ensure that the psychotic episode does not cause a bad impact on others. On the contrary, those who hide and keep the mentally ill out of society and make it impossible for them to live a normal life will make their psychology more distorted and more difficult to integrate into society.
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Legal analysis: It can be reported to the police station, and compulsory treatment can be obtained.
Legal basis: Civil Code of the People's Republic of China
Article 288:Owners of adjacent rights to immovable property shall correctly handle adjacent relationships in accordance with the principles of conducive to production, convenience of life, solidarity and mutual assistance, and fairness and reasonableness.
Article 291:Where the owner of immovable property rights has to use the land of the adjacent rights holders for the purpose of passage, etc., they shall provide necessary facilitation.
Article 292:Where the owner of immovable property rights must use adjacent land or buildings for the purpose of constructing or repairing buildings, laying wires, cables, water pipes, heating and gas pipelines, etc., the rights holder of the land or buildings shall provide necessary convenience.
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Legal analysis: Unless the other party has committed an act that infringes on the public interest or infringes on the normal rights and interests of others, it can be reported to the police. Under normal circumstances, a mentally ill person is a person with no capacity for civil conduct, and if he has not violated the law or committed a crime, he cannot be arrested by the police.
You can find the intervention of the neighborhood committee for mediation.
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.
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.
It's not necessarily mental illness, your mind doesn't relax, you have to make yourself feel better, relax, you're forcing yourself to do anything. Let your nerves relax and you'll be fine. Soon it won't be.
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