Is it illegal to force a psychopathic to take medication?

Updated on healthy 2024-07-27
3 answers
  1. Anonymous users2024-02-13

    Legal Analysis: Whether a mentally ill person is a criminal offense depends on the circumstances at the time: if a mentally ill person commits a situation that harms others when he is unable to control his own behavior at the time of committing the crime, he may not bear criminal responsibility after being evaluated and confirmed by legal procedures, but his family or guardian will strictly supervise and compensate the victim for medical expenses, etc.; If Bu Xuguo is an intermittent mentally ill person who commits a crime when he is mentally normal, he will be held criminally responsible.

    Mentally ill persons who have not completely lost the ability to defend themselves and commit crimes must also bear criminal responsibility, but the punishment may be mitigated or commuted.

    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 the early stage or control his or her own behavior 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.

  2. Anonymous users2024-02-12

    Legal analysis: It depends on the specific crime on which the case is filed, and then according to the circumstances, the punishment is determined.

    Legal basis: The Criminal Law of the People's Republic of China

    Article 234:Whoever intentionally injures the body of another person shall be sentenced to up to three years imprisonment, short-term detention or controlled release.

    Whoever commits the crime in the preceding paragraph and causes serious injury to another person shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, or where serious injury is caused by especially cruel means, or serious disability, the sentence is to be 10 or more years imprisonment, life imprisonment or death. Where this Law provides otherwise, follow those provisions.

    Article 234-1 Whoever organizes others to sell human organs is to be sentenced to up to five years imprisonment and, if the fine is serious, is to be sentenced to five or more years imprisonment and a concurrent fine or confiscation of property. Whoever removes his or her organs, or removes the organs of a person under the age of 18, or compels or deceives others into donating organs, is to be convicted and punished in accordance with the provisions of this Law and article 232. Where organs from corpses are removed against the person's prior wishes, or where the person did not express their consent before their death, violating state regulations, and harvesting their corpse organs against the wishes of their close relatives, it is to be convicted and punished in accordance with the provisions of article 302 of this Law.

  3. Anonymous users2024-02-11

    Mentally ill, if the patient meets the conditions for medical parole, he or she may apply for serving his sentence outside of prison. Convicts sentenced to fixed-term imprisonment or short-term detention may temporarily serve their sentence outside of prison in any of the following circumstances: they have a serious illness and need to be released on medical parole; Women who are pregnant or breastfeeding their own infants; Unable to take care of oneself, the application of temporary service of sentence outside of prison will not endanger society.

    Article 265 of the Criminal Procedure Law of the People's Republic of China: In any of the following circumstances, convicts sentenced to fixed-term imprisonment or short-term detention may be temporarily served their sentence outside of prison: (1) Those who have a serious illness and need to be released on medical parole; (2) Women who are pregnant or breastfeeding their own infants; (3) Where they are unable to take care of themselves, the application of the temporary change to serve their sentence outside of prison will not cause harm to society. Convicts sentenced to indefinite imprisonment may temporarily serve their sentence outside of prison in the circumstances provided for in item (2) of the preceding paragraph.

    Convicts who might be a danger to society if released on medical parole, or convicts who injure themselves or harm themselves, must not be released on medical parole. Where convicts truly have serious illnesses and must be released on medical parole, a hospital designated by the provincial-level people** is to diagnose them and issue supporting documents. Before being transferred for enforcement, the people's court that transferred the sentence for enforcement is to make a decision; After being transferred for enforcement, the prison or detention center is to submit a written opinion on temporary service of sentence outside of prison, and report to the prison management organ at the provincial level or above, or to the public security organ at the districted city level or above for approval.

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