Do mentally retarded people have to go to jail for committing crimes, and are they sentenced for men

Persons with intellectual disabilities who commit crimes shall be given a mitigated or mitigated punishment or even not pursued for criminal responsibility according to the severity of their intellectual disability, that is, the severity of the loss of their capacity for criminal responsibility. Persons with intellectual disabilities are classified as persons with complete or relatively incapacity for criminal responsibility, depending on the degree of intellectual disability. People with intellectual disabilities generally refer to substantial defects in the level of brain function, which is manifested as a significantly lower level of intellectual function than the normal level, and at the same time there are abnormalities or delays in a number of mental activities, such as communication, self-care life, family life, social life, community recognition, leisure and entertainment, safety skills, learning, etc.

Criminal Law of the People's Republic of China

Article 18. Capacity for criminal responsibility of special 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 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.

This should be determined through appraisal to determine whether the crime has the ability to control and identify, that is, whether there is the capacity for criminal responsibility, if there is no capacity for criminal responsibility, there is no need to go to prison, if there is the capacity for criminal responsibility, then bear criminal responsibility.

This is to determine whether there is capacity for criminal responsibility.

A person with intellectual disability is classified as a person with limited or incapacitated capacity. If it is a person with limited capacity for civil conduct, the punishment may be mitigated or commuted. If the person is incapacitated for civil conduct, he does not need to bear criminal liability.

Article 133 of the General Principles of the Civil Law of the People's Republic of China [Civil Liability for Harm Caused by Persons with Incapacity or Persons with Limited Capacity] Where persons without or limited capacity for civil conduct cause harm to others, the guardian bears civil liability. Where a guardian has fulfilled his guardianship responsibilities, his civil liability may be appropriately reduced. Where a person with no or limited capacity for civil conduct causes damage to others, compensation shall be paid from the property of the tourist.

The guardian shall appropriately compensate for the shortfall part, except where the unit cancels the guardianship.