Mentally ill crimes, how to sentence the crimes of mentally ill people

Updated on society 2024-07-24
4 answers
  1. Anonymous users2024-02-13

    Mental illness crimes shall be forensically evaluated, and some are intermittent mental illness, and if they are in a normal state during the period of the crime, they still have to bear legal responsibility in accordance with law.

    Article 18: Where a mentally ill person causes harmful results 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.

    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.

    Criminal Procedure Law: After conducting an evaluation, evaluators shall write out the evaluation conclusion and sign it.

    If there is a controversy over the medical evaluation of personal injuries and it is necessary to re-evaluate or the medical evaluation of mental illness, it shall be conducted by a hospital designated by the provincial people**. After the evaluator conducts the evaluation, the evaluation conclusion shall be written, signed by the evaluator, and the hospital shall affix its official seal.

  2. Anonymous users2024-02-12

    He is a person who is not fully capable of acting. Those who do not break the law are probably forced to be sent to a psychiatric hospital.

  3. Anonymous users2024-02-11

    If he had not committed the disease at the time of the killing, he should be held criminally responsible. If the murder is committed at the time of illness, there is no criminal responsibility!

    This requires forensic expertise!

  4. Anonymous users2024-02-10

    The ways in which crimes committed by mentally ill persons are dealt with are:

    1. As a special subject of crime, the criminal punishment of mental illness shall be determined on the basis of the specific criminal conduct. Where a mentally ill person is unable to recognize or control the harmful consequences caused to others by his or her own behavior, the court is not to pursue his criminal responsibility, but shall promptly notify and order his family or guardian to strictly supervise and treat the patient, and when necessary, compulsory treatment may be carried out by the ** organ;

    2. Where intermittent mentally ill persons intentionally commit crimes when they are not ill, their criminal responsibility shall be pursued in accordance with law; Where a mentally ill person who fails to fully recognize or control his or her own behavior commits a crime, the court pursues his criminal responsibility in accordance with law, but may give a lighter or commuted punishment;

    3. The people's court enjoying the power of adjudication shall conduct a comprehensive assessment in accordance with law in light of the facts, evidence, and circumstances of the case.

    1. How to deal with crimes committed by mentally ill persons.

    The methods for handling crimes committed by mentally ill persons are as follows: 1. As a special subject of crime, the criminal punishment of mentally ill persons shall be determined on the basis of the specific criminal conduct. Where a mentally ill person is unable to recognize or control the harmful consequences caused to others by his or her own behavior, the court is not to pursue his criminal responsibility, but shall promptly notify and order his family or guardian to strictly supervise and treat the patient, and when necessary, compulsory treatment may be carried out by the ** organ; 2. Where intermittent mentally ill persons intentionally commit crimes when they are not ill, their criminal responsibility shall be pursued in accordance with law; Where a mentally ill person who fails to fully recognize or control his or her own behavior commits a crime, the court pursues his criminal responsibility in accordance with law, but may give a lighter or commuted punishment; 3. The people's court enjoying the power of adjudication shall conduct a comprehensive assessment in accordance with law in light of the facts, evidence, and circumstances of the case.

    2. Whether a mentally ill person will be punished if he commits a crime.

    Whether or not a mentally ill person is punished for committing a crime shall be specifically analyzed:

    1. When a mentally ill person is unable to recognize or control his or her own behavior, he or she does not bear criminal responsibility;

    2. Intermittent mentally ill persons who commit crimes while mentally normal shall bear criminal responsibility;

    3. Where a mentally ill person who has not completely lost the ability to recognize or control conduct commits a crime, he shall bear criminal responsibility, but the punishment may be mitigated or commuted.

    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, the ** compulsory medical corps prepares for treatment.

    Article 18 of the Criminal Law of the People's Republic of China stipulates that only those who are not criminally responsible for the crimes committed by mentally ill persons who are identified and confirmed by legal procedures do not bear criminal responsibility, and "legal procedures" refer to psychiatric evaluation departments with statutory qualifications, which are entrusted by judicial organs, social groups, or the offender's family or guardian to be entrusted by the ** person or defender to evaluate and make conclusions in accordance with specific provisions and procedures. After the client provides it and is verified and confirmed by the judicial organs, it is to be the basis for the people's court's conviction and sentencing. It should be noted that this is not the only basis.

    The people's courts enjoying adjudication power must still conduct a comprehensive assessment in accordance with law in light of the facts, evidence, and circumstances of the case.

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