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Anonymous users2024-02-13Article 18 of the Criminal Law stipulates that if 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 shall 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.
Article 19 of the Criminal Law stipulates that a person who is deaf and dumb or blind may be punished, commuted or exempted from punishment if he commits a crime.
From this point of view, only if certain conditions are met, can a mentally disabled person, a deaf and dumb person, or a blind person commit a crime, can he be dealt with lightly.
But even so, the state's special care for the disabled should not become a shield for these types of disabled friends to break the law, we must not be disabled physically and mentally, we must have a rod and scale in our hearts, the sky net is magnificent, the ethics are clear, and malicious violations of the law will be punished.
Although we should not maliciously violate the red line of the law, if our legitimate rights and interests are infringed, we should also have the courage to take up the law and protect our own interests.
So, how does the state protect the rights and interests of persons with disabilities to participate in litigation?
According to the Supreme People's Court, recently, in order to effectively protect the legitimate rights and interests of persons with disabilities and facilitate their participation in litigation activities, the Supreme People's Court and the China Disabled Persons' Federation jointly issued the "Opinions of the Supreme People's Court and the China Disabled Persons' Federation on Effectively Safeguarding the Legitimate Rights and Interests of Persons with Disabilities in Trial and Enforcement Work".
It is reported that there are more than 85 million disabled people in China, involving hundreds of millions of families, and the protection of the rights and interests of the disabled is related to the vital interests of the masses and social harmony and stability.
The basic starting point of drafting the "Opinions" is to give full play to the functions and roles of the state's judicial assistance, legal aid, and legal services through improving systems and effective measures in the trial and enforcement of cases involving persons with disabilities, so that persons with disabilities can enjoy legal services with lower thresholds, more content, and a wider scope, and truly ensure that persons with disabilities can fully participate in litigation activities on an equal footing.
The drafting of the Opinions mainly followed the following principles:
The first is to adhere to the principle of ensuring that persons with disabilities are equal and fully participate in litigation activities. The "Opinions" stipulate that the people's courts shall strictly follow the relevant laws and regulations, resolutely implement the principle of "two conveniences", ensure that persons with disabilities participate in litigation activities equally, fully and conveniently, and truly care, care for, and support persons with disabilities in specific measures.
The second is to adhere to the principle of law-based norms. The use of rule of law thinking and methods to protect the lawful rights and interests of persons with disabilities should not only strengthen protection, but also carry out in accordance with the law, which is the basic requirement for building a socialist country under the rule of law. For this reason, the Opinions are strictly in accordance with the Law of the People's Republic of China on the Protection of Persons with Disabilities and the People's Republic of China.
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Anonymous users2024-02-12Whether it is a disabled person or a normal person, if he violates the law, the law will not care whether he is healthy or unhealthy, and will punish him accordingly. The law is fair and will not allow unscrupulous people to take advantage of loopholes.
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Anonymous users2024-02-11Persons with disabilities are a group that the whole society must care about, but they do not enjoy the right to despise the law and think that I am a disabled person and can violate the law, otherwise the disability offense is the same as the health offense.
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Anonymous users2024-02-10Disabled people will be punished by the law if they are disabled and know the law and break the law, everyone is equal before the law, and they will not be taken care of or different because they are disabled.
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Anonymous users2024-02-09Legal Analysis] Where a person with a disability commits a crime, the punishment may be mitigated. Sentencing for crimes committed by persons with disabilities is applicable to two categories of people: first, people who are both deaf and mute, that is, those who have completely lost their hearing and language functions at the same time, mainly those who are congenitally deaf and deaf-mute and deaf-mute in childhood; The second is blind and frank people, that is, those who have lost their vision in both eyes, mainly referring to those who have lost their vision at birth and at an early age.
Persons with disabilities shall be held criminally responsible for crimes committed but will be given appropriate lenient punishments, and persons with disabilities who have not reached the age of criminal action may not be held criminally responsible. China's current Criminal Law of the People's Republic of China stipulates that the mentally ill, the deaf-mute, and the blind shall not be held criminally responsible or given lenient punishment. Persons with disabilities who commit crimes shall be pursued for criminal responsibility in accordance with the provisions of the law, except in cases where the mentally ill person does not bear criminal responsibility, but punishment may be mitigated, commuted, or waived on the basis of the actual circumstances.
Legal basis] Criminal Law of the People's Republic of China Article 19: Where a deaf or mute person commits a crime by starvation or blindness, punishment may be mitigated, commuted, or waived. Criminal Law of the People's Republic of China Article 18: 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.
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