There is an urgent need for a case of crime created by a psychopath

One child died, two were seriously injured and 15 others were injured, the youngest of whom was two years old and the oldest was six and a half years old. The cruelty of the perpetrator is shocking, but the uncertainty of his mental state at the time of his act complicates the otherwise clear facts of the case. To this end, the author interviewed Professor Sun Dongdong, an expert in forensic psychiatry specializing in criminal law at Peking University.

Regarding the issue of criminal liability of mentally ill criminal suspects, Professor Sun believes that there are no more than three types:

First, according to the conclusion of the forensic psychiatric evaluation, if he commits a harmful act in a normal mental state, then it will be difficult to escape criminal sanctions. The victim may file a civil lawsuit attached to the criminal case.

Second, if the crime is committed in a state where "the person has not completely lost the ability to recognize or control his own conduct", then "he shall bear criminal responsibility, but the punishment may be mitigated or commuted." "Again, this does not preclude the civil liability of the perpetrator.

Thirdly, if it is confirmed that the harmful act was carried out under the control of his psychopathology, then this may be the most unfavorable situation for the victim. Because according to Article 18, Paragraph 1 of the Criminal Law, we cannot pursue his criminal responsibility, but can only "order his family or guardian to take strict care and medical treatment; When necessary, by ** compulsory medical treatment". Financially, a separate civil lawsuit can be filed against him to claim civil compensation.

The degree to which this civil compensation can be realized is directly constrained by the ability of the mentally ill to compensate.

However, Professor Sun stressed that no matter what the mental state of the perpetrator is at the time of the act, from the perspective of the mental health status of our citizens, we should increase the protection and management of the mentally ill.

First of all, it is necessary to speed up the work of mental health legislation in our country. It is necessary not only to protect the legitimate rights and interests of mentally ill persons, but also to intensify management. It is undeniable that mental patients have the same rights as ordinary people (including the right to employment) after recovery, and should not be discriminated against, but the potential danger of mental illness cannot be ignored.

Although we need to protect the legitimate rights and interests of mentally ill persons, we must not harm the legitimate rights and interests of normal people because of this. Judging from the current state of China's legislation, the Mental Health Law, which China began to draft in 1985, has not yet been promulgated. As far as local regulations are concerned, only Shanghai has enacted a Mental Health Regulations.

Second, it is necessary to popularize mental health knowledge. We can't avoid mental illness, it's not a matter of thought, it's a real pathology, and it must be medically avoided.

The cadres of Qiannan Village, Xinjie Town, Taixing City, are extremely mentally ill.

Punishment for the evaluation of crimes committed by mentally ill persons: 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 any criminal responsibility, but his family or guardian shall be ordered to strictly supervise and receive medical treatment; When necessary, compulsory treatment shall be carried out by **.

[Legal basis].Article 302 of the Criminal Procedure Law of the People's Republic of China.

Mentally ill persons who commit violent acts, endanger public safety, or seriously endanger citizens' physical safety, and are identified through legally-prescribed procedures as not bearing criminal responsibility in accordance with law, and have the potential to continue to endanger society, may be given compulsory treatment.

Legal Analysis: Where a mentally ill person commits a crime as a special criminal entity, and 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". Intermittent mentally ill persons who commit crimes when they are mentally normal shall bear criminal responsibility, and mentally ill persons who have not completely lost the ability to recognize or control their own conduct shall 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 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.

A person who commits a crime while intoxicated shall bear criminal responsibility.

Article 19: Where a deaf or dumb person or a blind person commits a crime, punishment may be mitigated, commuted, or waived.