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If a mentally ill person is beaten, he does not have to bear any responsibility, even if he kills someone, he will not be punished by law, but his guardian is responsible, and he can ask his guardian to compensate some amount.
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This is not necessarily, mental illness is divided into two kinds of patients, one is sometimes good and sometimes bad, like this kind of person, if it is him, in his good spirits, beating people is to be responsible, the other is to belong to the complete control of oneself, if it belongs to the other, it should not be responsible, but should be ordered to be strictly guarded by his guardian.
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Mental illness has made a person a bad person, and he is not criminally responsible, but a mentally ill person should have a strong guardian, and a strong person should be held responsible.
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It depends on whether it is in the onset period, and even if it is in the onset period, there is a guardian who is responsible.
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1. China's Criminal Law clearly stipulates: "Where a mentally ill person causes harmful results when he is unable to recognize or control his own behavior, and it is confirmed by legal procedures, he shall not bear criminal responsibility"; "Intermittent mentally ill persons who commit crimes when they are mentally normal shall be held criminally responsible"; "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." 2. From the above provisions, it can be seen that, first, whether a mentally ill person should bear criminal responsibility for the harmful results caused by his or her behavior, and to what extent he should bear criminal responsibility, depends on the legal standard, that is, the existence or loss of the ability to recognize or control.
There are degrees of psychosis, i.e., severe psychosis, moderate psychosis, and mild psychosis. From the perspective of criminal law and law, there are several situations in which the patient has completely lost the ability to recognize or control, partially lost the ability to recognize or control, and has weakened the ability to recognize or control, and the criminal responsibility for each case is different. Second, it is necessary to combine the mental state at the time of their behavior, some mental patients are intermittent, sometimes good and sometimes bad, and the key depends on whether they are in a state of onset when they carry out a certain behavior.
3. The General Principles of the Civil Law also clearly stipulate whether a mentally ill person bears civil liability. Where a mentally ill person causes harm to others, he or she is not exempt from civil liability, and his guardian bears civil liability, and where a mentally ill person has personal property, compensation is to be paid from his property. Those who have reached the age of 14 but are under the age of 18 are to be given a lighter punishment for criminal responsibility; Mentally ill persons need to check whether the patient was at the time of onset, and if the mental condition was normal at that time, they also bear criminal responsibility, and the method of judgment for crimes committed by mentally ill persons is determined according to the specific circumstances.
Therefore, think twice before doing anything and avoid impulsiveness.
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A mentally ill person who injures a person does not necessarily bear criminal responsibility for the starvation of the elderly, but needs to be determined on the basis of the following circumstances: 1. A mentally ill person who has lost recognition or control of his own behavior and injures another person is not to bear criminal responsibility; 2. If an intermittent mentally ill person injures someone when he is mentally normal, he shall bear criminal responsibility; 3. Where several mentally ill persons who have not completely lost recognition or control of their own behavior injure others, they must bear criminal responsibility, but the punishment may be mitigated or commuted.
Article 18 of the Criminal Law: Where a mentally ill person causes a dangerous and harmful result when he is unable to recognize or control his own conduct, 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. "Intermittent mentally ill persons who commit crimes when they are mentally normal shall be held criminally responsible"; "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.
Mental illness is hereditary, and of course some are acquired, caused by some mental stress and shock. That's why there are so many patients in psychiatric hospitals.
To be sentenced. According to Article 261 of the Criminal Law of the People's Republic of China, a person who has an obligation to support an old, young, sick or other person who has no ability to live independently and refuses to support him, and the circumstances are heinous, shall be sentenced to fixed-term imprisonment of not more than five years, short-term detention or controlled release. >>>More
Losing money is definitely compensated, depending on the degree of injury of the injured person, causing minor injuries and above will face criminal liability. However, even if a criminal penalty is imposed, it is still not exempt from civil liability for compensation, and it is only that the moral injury solatium is not compensated after the criminal punishment is imposed. Therefore, on the whole, the loss of money is still the lightest, so the compensation should still be compensated, the attitude is better, try to negotiate a settlement, and the victim may be exempted from criminal punishment after obtaining the victim's forgiveness, and the amount of compensation can also be negotiated.
According to the laws of our country, although your brother did not participate in the fight, but the cause of the incident was him, and he was suspected of inciting right and wrong, instructing others to fight, causing serious injury to others. This is a criminal case, and he should be held criminally responsible for instigating others to commit crimes, which is a violation of the law! And he should be the main responsibility for the whole incident, that is, the main culprit. >>>More
Vary! I also have a big temper, but I don't get mentally ill. If you want to be open, don't worry about everything, it's okay, you can rest assured.