(the original title: two mental patients involved homicides are compulsory medical)
recently, the Beijing court accepted the two mental patient homicide cases, in April this year, a man boys apartment in Beijing university of Chinese medicine chop down a person, the man suspected of murder, men were identified as not penalties after the mental patient. In may, a man with a knife killed the nanny in the home, the man also for psychiatric patients. The final court decided to adopt compulsory medical treatment measures for the two men. According to the new criminal procedure law, only the court has the authority to decide on the mental patients involved in the compulsory medical treatment of mental patients involved must meet violence carried out at the same time, its own condition identified penal responsibility, has the potential to continue to harm the social these three conditions, can be a compulsory medical treatment measures. DetailPic
data diagram (for figure/visual China)
the mental patient is a compulsory medical
the chaoyang district court recently of the mandatory medical application cases, 22, the respondent wake (a pseudonym), xu for allegedly committed intentional homicide is being held without bond in April 2017, after being identified as no criminal responsibility, in August the same year are provisional protective restraint measures.
, prosecutors said the defendant xu wake on April 13, 2017, 3 PM, boys apartment dormitory, no. 544 in Beijing university of Chinese medicine with a kitchen knife cut cut the 22-year-old man zhang so-and-so head, neck, causing frequent so-and-so head facial skin laceration, zhang and skull fracture, constitute a minor injury level for the injury. Prosecutors believe xu come to intentional homicide, serious damage to the citizens’ personal safety, through legal procedure for criminal responsibility in accordance with the identification of mental patients, has continued to the possibility of harm to society, to medical compulsively xu’s wake.
the tongzhou district court has also conclude such cases. 10 PM on May 6, 2017, 38, ROM fierce (not her real name), tongzhou district in this city liyuan town home, without a kitchen knife chop down home nanny, neck and other parts for many times, kill the nanny acute uncontrolled hemorrhagic shock. Identified, ROM fierce schizophrenia, implementation of illegal behavior affected by mental illness, and loss of ability to identify and control, as no criminal responsibility. In court for the ROM fierce compulsory medical treatment.
the court said, two people are going through legal procedure identification of criminal responsibility in accordance with the law, but the mental illness is still in the treatment of stage, still have to continue the possibility of harm to society, all can meet the requirements of compulsory medical treatment, final decision on the applicant compulsory medical treatment.
compulsory medical decisions by the court
the criminal law, the mental patient when cannot recognize or can’t control his behavior harm as a result, identified through legal procedure, criminal responsibility, but shall instruct his family or guardian due diligence and health care, when necessary, mandatory health by the government.
if the public security organ finds the mental patient in conformity with the compulsory medical treatment, shall write a mandatory medical opinion, to people’s procuratorate. For the public security organ transferred or found in the process of examination and prosecution of mental patients in conformity with the compulsory medical treatment, people’s procuratorate shall be submitted to the court for compulsory medical application. The court found the defendant in the process of case in conformity with the compulsory medical treatment, can be made mandatory medical decisions, the public security organ is responsible for performing.
compulsory medical need to satisfy three conditions
decision of crime the mental patient compulsory medical treatment, the mental patient should satisfy three conditions, it is a mental patient carried out violence, endangering public security or cause serious damage to the citizens’ personal safety, the second is through legal procedure identification of criminal responsibility according to law, the third is to continue the possibility of harm to society.
these three conditions must be satisfied at the same time, to be forced to medical treatment. There about continue to harm society may this condition, the judge will according to the understanding of mental patients and the judgement according to the hospital diagnosis.
the compulsory medical decision making, the public security organ to take temporary protective constraint measures, the respondent to nurse in a hospital. Compulsory medical treatment after the start process, applicants will be sent to hospital, fixed and social isolation, treatment expenses shall be borne by the state. The mental patient once get better, the public security organ to terminate the compulsory medical treatment to the court of the application, the court will decide on application for review, and make the decision whether to lift.