in May 2013, pfund (a pseudonym) suspected theft items of her own, and with a knife stabbed a neighbor, and bed nets cover your neighbor nose and mouth, kill the victim. Via nanjing brain hospital appraisal, pfund with schizophrenia, when no criminal responsibility. Three months later, he was sent to xuzhou Orient people’s hospital for medical treatment.
he is east the records of the first people’s hospital of compulsory medical personnel, this year is he in the fifth year of Oriental people’s hospital. Here, he treatment costs more than 130000 yuan a year. The past five years, his treatment, the cost of living are borne by xuzhou city finance, and like him to accept the compulsory medical treatment, the Oriental people’s hospital and 48.
since 2013, the procuratorial organs supervise the implementation of 228 people in jiangsu province under compulsory medical treatment, and the matching of compulsory medical designated institutions at the provincial level is increased by 5 to 18.
sources close to the jiangsu province people’s procuratorate of crime the mental patient compulsory medical treatment, both guarantee the basic rights of mental patients for treatment, and prevent the potential safety hazard.
compulsory medical encounter & other; Cost, supervision and execution difficult & throughout;
because of funding problems, both mental health center in wuxi city, (a pseudonym) is transferred to Ann town hospital mental rehabilitation. Both had murdered paranoia, on suspicion of intentional homicide forced medical treatment. At the age of 12, chang has a history of mental illness had been, had a dispute with the victim. The time, the sun some think the victim to hurt him, so when the victim unprepared, with resulting harrows of the victim’s death.
is mental health center in wuxi city, jiangsu province designated mandatory health enforcement point, condition is relatively mature. After the court verdicts of compulsory medical treatment, because of cost, both were transferred to Ann town hospital for treatment.
but during treatment, both remain violence, had attacked a care, there is harm to society. Wuxi city people’s procuratorate criminal prosecution in consultation with relevant departments, will both to mental health center in wuxi city.
because of funding problems delay is more than one compulsory medical treatment of mental patients. Wuxi city people’s procuratorate criminal execution procuratorial zhang kai xiao xun, head of the mandatory health mental patients because of the high cost of treatment, some patients’ families is hard to bear, and not to carry out the law to the concrete conditions, what the patient treatment costs borne by who has not yet been determined, often is the specific details of a case specific analysis.
& other; Solve the problem of case of compulsory medical treatment of mental illness, often for criminal execution procuratorial workers spend six months communication negotiations. Throughout the &; Light said.
at present, solve the problem of the cost of forced the healer in general there are four ways: reimbursement, finance out of social security, civil finance combined with financial out, the responsibility for family members.
apart from the cost problem, the implementation of compulsory medical supervision is also a big difficulty. Wuxi new district people’s procuratorate wu took the prosecutor teacher xia said, because of the lack of professional knowledge, they find it hard to supervise whether the hospital treatment, medication is accurate, appropriate & other; Now we can do is check whether the procedure is complete, check the legal identification of this kind of operational. Throughout the &;
in fact, the execution of compulsory medical treatment is not easy, because of the cost problem difficult to solve, some patients formalities to completion. Procedure is not complete case, the patient hospital only as temporary protection measures to limit the mandatory medical treatment, it is difficult to maintain normal rights and interests of the healer.
mandatory health by who is responsible for performing
because of compulsory medical executive main body is unknown, the problem such as supervision mechanism is not sound, and involving public security, prosecution, courts, civil affairs, health, and other departments, many problems exist in practice.
new criminal procedural law of & other Mandatory health by who is responsible for performing & throughout; This issue has yet to make that clear. The supreme people’s court on the applicable “criminal procedure law of the People’s Republic of China> the interpretation of article five hundred and thirty-five of the regulations, mandatory medical decisions shall be executed by the public security organs.
but the ministry of public security of the program rules for the criminal cases handled by the public security organs, no corresponding contents, regulations of compulsory medical decisions of the court before, only the public security organ to apply for provisional protective restraint measures mandatory medical people. After the court decision, only responsible for public security organs will be forced to medical people sent to the hospital.
& other; For delivery deadline of execution, compulsory medical institutions to determine and change, no clear legal provisions, procuratorial supervision object is unknown, weak supervision. Throughout the &; Wuxi xishan district people’s procuratorate criminal litigation supervision bureau deputy director zhang feng told media.
said zhang feng, across different methods in practice, some of the people’s procuratorate carried out once every half moon to supervise, the only one of some supervision; Some item by item, check the public security organs and the related role and situation of medical institutions, some only simple check whether forced medical person being beaten, abused, and so on and so forth. If found in the process of procuratorial supervision is not standard, some corrective advice to the public security organ, some Suggestions to medical institutions and practices are also different.
zhang feng believes that due to the particularity of medical institutions, it is easy to appear local case involving people with mental disorders were taken to a long distance to be mandatory medical situation, because of the lack of related with rules, in case with judgment of criminal execution supervision department, criminal execution supervision department and the compulsory medical institutions such as the lack of information communication between departments and coordination, it is difficult to obtain compulsory medical executive medical information, comprehensive and timely supervision is difficult to achieve the desired effect.
& other; The reality in procuratorial organs legal supervision more difficult and conditioning. Throughout the &; Xuzhou yunlong district people’s procuratorate deputy procurator-general shi-guo zhang said that the police force, lack of financial resources, mechanisms, factors such as restriction, mandatory health still exist in the execution of enthusiasm is not high, insufficient recognition of consciousness is not strong, and the outstanding phenomenon of the frontline problem, even when they have a problem to do. For example, in some places a sent to compulsory medical personnel, if a referral, go see a doctor later all don’t know how to deal with.
a prosecutor said the procuratorial organs related departments generally by issuing remedy way to supervise illegal units, but due to the lack of binding, the way to make supervision.
& other; Should be implemented more rules, make the law more operable. Throughout the &; Introduce zhang kai, the relevant system is not perfect, which leads to the various departments in the mandatory medical treatment, to follow the huge cost of mutual shuffle, this is not conducive to the smooth implementation of the compulsory medical treatment. And responsibility is not clear, and can lead to the hospital, the courts are reluctant to take responsibility, don’t want to take the initiative to have reached the lifting force compulsory medical treatment of medical conditions put forward the request to cancel.