Mental Illness And Criminal Liability Relations

capacity of appreciate and capacity to control the act is the basic condition of judging the perpetrators' capacity of responsibility by modern penal code.If it has the relations between mental disease and criminal responsibility need distinguish between capacity of appreciate and capacity to control the act. How to use the theory of capacity of appreciate and capacity to control the act to establish organic links between mental disease and criminal responsibility? That is to say how to form a gist for reference of the mutual relations between mental disease and capacity of responsibility through the application of criminal law theory? Limited to the current level of the mental medicine, the best way to attain this aim is to analyze and observe mental symptoms. First of all, analyzing what unusual mental behaviors are belongs to no way to appreciate, beyond control, or not complete appreciate and not completely control, then via analysis we can set up correlations between capacity of responsibility and mental symptoms; second, what disease lead to mental symptoms relating to capacity of responsibility, that is to say what disease will make people no way to appreciate, beyond control, or not complete appreciate and not completely control so as to loose capacity of responsibility. According to the analysis and research of mental symptoms, this paper proves the relationships between mental disease and capacity of responsibility.According to this thinking, based on capacity of appreciate and capacity to control the act as theoretical basis, and mental symptoms as objective basis, this paper analyzes all kinds of relationships between mental disease and capacity of responsibility and from the perspective of mental pathology, it provides the standard and operational means for the judging of subjective elements of criminal responsibility.