Can a mentally ill person be beaten? Who bears the consequences of beating someone mentally ill

Mentally ill, there is no point in not being beaten, he can't feel it anymore, it's just that we, the so-called normal people, are just doing something with our own sympathy.

It is very likely that others do not know that he is mentally ill, and the behavior of mentally ill people is often very different.

Legal Analysis: Mentally ill persons are a special subject, although they do not bear criminal responsibility at the time of onset. However, according to the law, if an adult who did not know that he or she was mentally ill in the past causes harm to another person when his mental illness suddenly occurs, he or she shall bear civil liability.

If there is a mental illness in the past, and the person with guardianship capacity who has the ability to do so suddenly becomes injured by the sudden onset, the person with guardianship capacity in the first order shall bear civil liability.

Legal basis: Article 18 of the Criminal Law of the People's Republic of China: Where 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 does 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. A person who commits a crime while intoxicated shall bear criminal responsibility.

1. Who bears the consequences of beating a mentally ill person.

1. Where a mentally ill person beats someone and causes harm to others, his guardian shall bear responsibility, and as long as there is a mentally ill person and a guardian, the guardian shall bear responsibility; Where a mentally ill person hits someone during a non-criminal illness, he or she bears criminal responsibility, but civil liability shall be borne by the guardian.

2. Legal basis: Article 34 of the Civil Code of the People's Republic of China.

The duties of the guardian are to carry out civil juristic acts and protect the personal rights, property rights and other legitimate rights and interests of the ward.

The rights of guardians arising from the lawful performance of guardianship duties are protected by law.

Where guardians do not perform guardianship duties or infringe upon the lawful rights and interests of their wards, they shall bear legal responsibility.

Where due to emergencies such as emergencies, guardians are temporarily unable to perform guardianship duties, and the ward's life is in a state of no one to take care of them, the residents' committee, villagers' committee, or civil affairs department for the ward's domicile shall arrange necessary temporary living care measures for the ward.

2. What is the standard of compensation for beating a mentally ill person?

The standard of compensation for assault by mentally ill persons shall be subject to an application for judicial evaluation, and it shall be handled in accordance with the following three circumstances:

1. If 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 legal procedures, he does not bear criminal responsibility, but shall order the party's family or guardian to strictly supervise and provide medical treatment; When necessary, by ** compulsory medical treatment.

2. If it is confirmed by evaluation that an intermittent mentally ill person commits a crime when he is mentally normal, he shall bear criminal responsibility;

3. If it is confirmed through evaluation that 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.

Hello, the mentally ill person was beaten by a normal person and called the police for the first time. Where assaulting others does not constitute a crime, the public security organs are to give public security punishments, usually to be detained for not less than 5 days but not more than 10 days, and to be fined. Article 43 of the "Public Security Administration Punishment Law of the People's Republic of China" Whoever assaults another person, or intentionally injures another person's body, shall be detained for not less than 5 days but not more than 10 days, and shall also be fined between 200 and 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.

In any of the following circumstances, they are to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB: (1) Gang up with friends to beat or injure others; (2) Beating or injuring a person with a disability, a pregnant woman, a person under the age of 14, or a person over the age of 60; (3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.

Assaulting a mentally ill person is to be held responsible, and whether criminal or civil liability is borne should be determined in light of the circumstances and nature of the case and the evidence of the relevant case.

A mentally ill person is a person who lacks the capacity for civil conduct and does not bear relevant criminal liability in criminal matters. Therefore, there is a high probability that the beating will have to bear both civil and criminal liability.

Hello! If a mentally ill person is beaten by someone else, he will be dealt with in accordance with the relevant laws and regulations of the mentally ill, and the mentally ill person is different from a normal person, thank you!

After all, people with a history of mental illness are also protected by the law, and they have the right to maintain their dignity when they encounter unfair treatment.

The mentally ill person was beaten by others, this is also a helpless thing, to see who is right and who is wrong, to be reasonable, if it is the other party's fault, he must apologize.

Please go to the psychiatric department, it's really not okay to call a fire alarm to ask for help, anyway, this matter is quite serious, and the person who was beaten has to go to the police station to make a record.

Then you should call the police immediately, let the police deal with it, and protect your rights and interests reasonably and legally.

Call the police and let the police do justice to him.

If a mentally ill person is beaten by someone else, the guardian should pursue the legal responsibility of the beater and demand compensation.

Mentally ill persons who endanger others shall bear their own criminal responsibility. According to the provisions of the Criminal Law, a mentally ill person who causes harmful results when he is unable to recognize him or who is unable to control his behavior shall not bear criminal responsibility if it is confirmed by legal procedures; Intermittent mentally ill persons who commit crimes when they are mentally normal shall bear criminal responsibility.