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Anonymous users2024-02-13Legal Analysis: Criteria for Judicial Appraisal: 1. Mental illness refers to a severe psychological disorder, in which the patient's cognition, emotion, will, action and other psychological activities can have lasting and obvious abnormalities;
2. Unable to study, work and live normally;
3. The action behavior is difficult to be understood by ordinary people, and it seems strange and different;
4. Under the domination of pathological psychology, there are actions such as suicide or attacking or injuring others;
5. There are varying degrees of self-control defects, patients often lose their judgment of their own mental symptoms, think that their psychology and behavior are normal, and refuse.
Methods of judicial appraisal: 1. Outpatient appraisal 2. Appraisal of appraisers out of office 3. Appraisal of appraisers in hospital 4. Appraisal in absentia.
Legal basis: Criminal Procedure Law of the People's Republic of China
Article 146:When it is necessary to resolve certain specialized issues in the case in order to ascertain the facts of the case, a person with specialized knowledge shall be appointed or hired to conduct an evaluation.
Article 147:After evaluators conduct an evaluation, they shall write an evaluation opinion and sign it. Where evaluators intentionally make false evaluations, they shall bear legal responsibility.
Article 148: The investigating organs shall inform the criminal suspect or victim of the evaluation opinions to be used as evidence. If the criminal suspect or victim submits an application, the evaluation may be supplemented or re-evaluated.
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Anonymous users2024-02-12Legal analysis: 1. Outpatient appraisal.
Psychiatric evaluations conducted by the person being evaluated in the outpatient clinic of a psychiatric hospital, or in a forensic psychiatric examination room in a public security or judicial department.
2. The appraiser goes out for identification.
The evaluator goes to the location of the person being evaluated, such as a prison or detention center, and conducts a mental examination of the person being evaluated, and then makes an evaluation.
3. Hospitalization identification.
That is, the person being evaluated lives in a specific psychiatric evaluation institution, is forbidden to meet visitors, and conducts a comprehensive examination and continuous observation.
4. Absentee identification.
In the absence of the person being evaluated, a psychiatric evaluation is to be made only on the basis of written and relevant circumstantial evidence.
Legal basis: "General Principles of Judicial Appraisal Procedures" Article 23: Judicial evaluators conducting appraisals shall comply with and adopt the technical standards, technical specifications, and technical methods in the professional field in the following order: (1) national standards; (2) Industry standards and technical specifications; (3) Technical methods recognized by most experts in the professional field.
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Anonymous users2024-02-11Legal analysis: 1. Mental illness refers to a severe psychological disorder, in which the patient's cognition, emotion, will, action and other mental activities can have lasting and obvious abnormalities; 2. Unable to study, work and live normally; 3. The action behavior is difficult to be understood by ordinary people, and it seems strange and different; 4. Under the domination of pathological psychology, there are actions such as suicide or attacking or injuring others; 5. There are varying degrees of self-control defects, patients often lose their judgment of their own mental symptoms, think that their psychology and behavior are normal, and refuse.
Legal basis: General Principles of Judicial Appraisal Procedures
Article 14: Forensic evaluation establishments shall conduct a review of the entrusted evaluation matters, evaluation materials, and so forth. Where it is within the scope of that institution's forensic appraisal operations, the purpose of the appraisal is lawful, and the appraisal materials provided can meet the needs of the appraisal, it shall be accepted. Where the appraisal materials are incomplete or insufficient and cannot meet the needs of the appraisal, the forensic appraisal body may request that the client supplement them; Where the needs of the evaluation can be met after supplementation, it shall be accepted.
Article 28: Forensic evaluation institutions shall complete the evaluation within 30 working days of the effective date of the forensic power of attorney. Where the appraisal matters involve complex, difficult, or special technical issues, or the appraisal process requires a long period of time, the time limit for completing the appraisal may be extended with the approval of the responsible person for that institution, and the extended time limit must generally not exceed 30 working days. Where the time limit for evaluation is extended, the client shall be promptly informed.
Where there is a separate agreement between the forensic evaluation institution and the client on the time limit for evaluation, follow that agreement. The time required to supplement or re-extract appraisal materials during the appraisal process is not included in the appraisal time limit.
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Anonymous users2024-02-10Legal analysis: First of all, the people's procuratorate entrusts a qualified forensic appraisal agency to conduct an appraisal. Forensic appraisal institutions should first clarify the purpose and requirements of the appraisal, review relevant materials such as the facts of the case and medical condition, and draft an appraisal plan.
Physical, neurological, and mental examinations are conducted on the person being evaluated, and psychological tests, electroencephalograms, CT scans, and other special examinations should be done if necessary. Usually consists of 3?An appraisal team composed of 5 people will conduct the appraisal, and simple cases can also be undertaken by individual experts.
Finally, based on what is seen in the inspection, combined with the facts of the case, analyze and explain, make an appraisal conclusion, write an appraisal document, and hand it over to the entrusting appraisal organ.
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 or her own behavior, and it is confirmed through legally-prescribed procedures, he does not 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.
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Anonymous users2024-02-09Summary. Hello dear, happy to answer your <>
The Ministry of Justice's regulations on psychiatric evaluations stipulate that the criteria for psychiatric illness include mild, moderate, and severe grades.
Provisions of the Ministry of Justice on psychiatric evaluations.
Hello, dear, I am glad to answer the <> of [fresh stove flower] for you
The Ministry of Justice's regulations on psychiatric evaluation include mild, moderate, and severe levels of mental illness.
Legal analysis: 1. Mental illness refers to a severe psychological disorder, in which the patient's cognition, emotion, will, action and other psychological activities can have long-lasting obvious abnormalities of nuclear disorder 2. Unable to study, work and live normally; 3. The action behavior is difficult to be understood by ordinary people, and it seems strange and different; 4. Under the domination of pathological psychology, there are actions such as suicide or attacking or injuring others; 5. There are varying degrees of self-control defects, patients often lose their judgment of their own mental symptoms, think that their psychology and behavior are normal, and refuse.
Legal basis: Article 18 of the Criminal Law stipulates that if a mentally ill person causes harmful results when he is unable to recognize or the person is unable to control his behavior, and it is confirmed by legal procedures, he shall not bear criminal responsibility, but his family member Yin Qianhong or a penitent guardian shall be ordered to strictly supervise and provide medical treatment; When necessary, by ** compulsory medical treatment.
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