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In the case of a mentally ill person breaking the law, it is hoped that the offender will be punished for the victim, but the punishment for the crime committed by the mentally ill in our law is also different. In accordance with the provisions of article 18 of the Criminal Law, where a mentally ill person is unable to admit or control his or her own conduct, and it is confirmed through legally-prescribed procedures that harmful consequences have been caused, he does not bear criminal responsibility, but his family or guardian shall be ordered to strictly supervise and receive medical treatment. When necessary, compulsory medical treatment is provided by **.
Where a mentally ill person has not completely lost the ability to recognize or control his or her own conduct, he shall bear criminal responsibility for the crime, but the punishment may be mitigated or commuted.
Mentally ill people often refuse to receive ** in the hospital or at home. It makes it difficult for the patient to accept, afraid of self-harm by antipsychotic drugs, the effect is not obvious, and the patient loses confidence in **; Due to psychiatric symptoms, the patient suspects that the drug is toxic. What's more, it lacks the correct judgment of the disease, making people refuse to accept the disease and are unwilling to accept it**.
The first thing to do is to patiently convince these patients. If persuasion fails, coercive measures may be taken.
When other factors cause patients to refuse to take drugs, effective methods should be taken according to the specific situation: serious adverse drug reactions, such as systemic drug eruptions, arrhythmias, etc., should be reduced or immediately stopped, and anti-allergic and anti-arrhythmic drugs should be taken at the same time. Guardians shall perform guardianship duties, protect the ward's person, property, and other lawful rights and interests, and must not dispose of the ward's property except for the ward's interests.
In addition, the right of guardians to exercise guardianship in accordance with the law is protected by law. Where guardians do not perform guardianship duties or infringe upon the lawful rights and interests of their wards, they shall bear responsibility; Where property damage is caused to the ward, he shall compensate for the losses.
It is necessary to decide how to deal with it according to the traumatic feelings of the injury and the psychological state of the mentally ill, and the mentally ill person is unable to recognize or control his behavior when he is injured, and is not punished, but his guardian shall be ordered to strictly guard and **, and the civil liability borne by his guardian shall be borne by his guardian. When a mentally normal mentally ill person is harmed, he or she decides whether to impose a public security penalty or pursue criminal responsibility based on the wounds of the injury.
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For the mentally ill, although they cannot accept the punishment of the law normally, they will always be imprisoned in a psychiatric hospital, and they need to be permanently accepted**, and they will also bear a fixed-term prison sentence.
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If a mentally ill person causes serious consequences in the case of being unable to discern or control his behavior, he will not be subject to criminal responsibility after being confirmed by forensic procedures, but his family or guardian will be ordered to take strict care of him, and when necessary, there will be a local **department to compel him**.
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A mentally ill person who is unable to recognize his own conduct is a person who lacks capacity for civil conduct, and where a mentally ill person causes harmful results when he is unable to recognize or control his own conduct, and is identified and confirmed through legal procedures, he shall not bear criminal responsibility, but his family or guardian shall be ordered to strictly supervise and provide medical treatment, and intermittently mentally ill persons who commit crimes when they are mentally normal shall bear criminal responsibility.
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Generally speaking, if a mentally ill person cannot judge whether his behavior will endanger society, he does not need to bear legal responsibility, but if he really violates the law very seriously, he also needs to bear corresponding criminal responsibility.
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Legal Analysis: Depending on the circumstances, intermittent mentally ill persons who commit crimes when they are mentally normal and bright shall bear criminal responsibility. Mentally ill persons who have not completely lost the ability to recognize or control their own conduct shall bear criminal responsibility, but their punishment may be mitigated or commuted.
Legal basis: Article 21 of the Civil Code of the People's Republic of China An adult who cannot recognize his or her own conduct is a person who lacks capacity for civil conduct, and his or her statutory **person ** shall carry out civil juristic acts.
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 by a legally-prescribed appraisal that he does not bear criminal responsibility, but his family or guardian shall be ordered to strictly supervise and receive medical treatment; When necessary, compulsory medical treatment is provided by Doubi**. 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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According to article 18 of the Criminal Law, a mentally ill person who causes harmful results when he is unable to recognize or control his own behavior 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.
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The law stipulates that it is not to be investigated, but normal individuals feel that it should be investigated who is not responsible for the immortal
According to article 18 of the Criminal Law, a mentally ill person who causes harmful results when he is unable to recognize or control his own behavior 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.
Summary. Relatives and relatives of mentally ill persons are to be dealt with as follows: Generally, the family members serve as guardians, and if the family members are truly incapable of guardianship, the local neighborhood committee, village committee, and civil affairs department will be responsible. >>>More
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I used to think that mental illness is innate, but later I found out that most people with mental illness are traumatized and cannot be comforted and cannot bear it, so it leads to mental breakdown, I think they are still relatively fragile in their hearts, so they should be given more tolerance and understanding, and should not be excluded.
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