Study On The Criminal Capacity Of Psychotics

It is formulated in China's criminal law that psychotics will be criminally irresponsible when they cannot recognize or control their behaviors causing harmful results and being confirmed by legal procedures, but they should be ordered to be under intensive guardian and medical care by his family; when necessary, the government will provide forced medical care. Intermittent psychotics shall bear criminal responsibility for the crime he committed in the spirit of the normal time. Those who are not yet completely lost or identify their ability should be held criminally responsible, but can be held with lighter or mitigated punishment. Because of the special nature of the subject of crime as a result of mentally illness, in judicial practice, there are many disputes on how to identify whether a suspect is mentally ill, mental illness, how to identify mentally illness and criminal responsibility and how to identify the issue of penalties on perpetrators of mental illness. The handling of criminal cases involving mental patients has well received concerns by society. In this paper, the author bases on a murder case of a psychotic handled in the court where he works to analyze the focus of controversy and to draw conclusions, with a view to providing a valuable reference to the handling of criminal cases involving psychotics.The paper consists of five parts except the introduction, with about fifteen thousand words.The first part is the causes of the case: Pan'intentional homicide case.The second part is the facts of the case. It makes a description of the criminal process, commissioned identification situations, counsel opinions and judgments.The third part is the focus of the case. Three focuses in this case are summarized as follows: first, the admissibility of psychiatric appraisal process and identification documents; second, the judicial identification of psychiatry and criminal capacity; third, and the penalties for enforcement of psychotics.The fourth part is the controversy and different opinions. For the aforementioned focuses, it is to study a variety of perspectives of the theorists and the judicial practice: For the first focus, it exemplifies seven different views to propose the view, which agree with the author, that a more objective conclusion should be adopted in the case of existing several identification conclusions; For the second focus, it describes the classification of mental patients criminal responsibility and the standard of its identification, and discusses how to determine the causality between the psychiatric symptoms when the crime occurs and the behaviors combing with examples; For the third focus , the author analyzes status of implementation of China's current criminal penalties for psychotics, dissects existing problems and start on theory building of this issue combing with the "Mental Health Law (Draft)".The fifth part is the conclusion of the study. It bases on the theoretical perspectives resulting from the research in this article such as the admissibility of identification conclusion, the identification of psychiatry, criminal capacity and criminal penalties to draw conclusions on the focus of the case through the analysis, providing a reasonable solution to the focus of the dispute in this case.