| Mental patients offense has increasingly evolved into a global problem, the data showthat the murder cases happened in the Western Europe countries under the rule of law,10%of criminal cases by mental patients, but the number of mental patients is less than the total1%population. At present,the parole,treatment, punishment of the mental patients is still oneof the grimmest task facing in the field of justice in these countries. The last century, in theearly1980s, China began to carry out a comprehensive identification of forensic psychiatry,however, at the same time of the forensic system is continuous improvement, anotherproblem need to be solved, that is, since the police treat with these cases which illegal mentalpatients have did in the investigation stage autonomy, why such cases are often taken longtime and finally is not broken?Where you can see the positive role played by Police in theidentification of forensic psychiatry? Commissioned as an identification side of the police,after obtaining the expert opinion how to filter the information provided to assist in theinvestigation. Throughout the relevant research literature to find answers for the above queriescan be described as rare, and the solution to the problem is not only related to the bottom ofthe case, but also the relationship between balance and take into account the various interestsin the process of the rule of law. This article is an opportunity mainly divided into four parts,from the perspective of the investigators to expand the empirical research on the sensitiveforensic psychiatry problems in criminal investigation.Because the knowledge of the forensic psychiatry identification is so professional, thefirst part of this paper provide a brief distinction between the concept of legal mental illnessand medical mental illness, how to start the identification and how to judge forensic expertopinion, so that the investigators can get some preliminary understanding about forensicpsychiatry identification.The second part described the need for police to master the knowledge of forensicpsychiatry. Due to the real needs for the domestic police, the police acquire the necessaryjudicial knowledge of psychiatry can promote the process of competence to stand trial identification and risk prevention and control of illegal mental patients, in order to maximizethe savings of police resources, protect the legitimate rights and interests of the mentalpatients and social harmony,also about order. Meanwhile, the police acquire the necessaryjudicial knowledge of psychiatry in practice also helps them to handle the mental patientsinvolved in cases correctlysuch as hostage-taking, self-defense capability cases, drunkennesscases, the bother of compensation for the Damage to the spirit.The third part is on the police how to filter the expert opinion of forensic psychiatry. Inorder to make the expert opinion fair, objective, the police should take apart in theidentification process, answer expert doubts and supervise their work, observe the person whohave been identified; At the same time we must understand that the main body who can assessthe spirit of criminal patient’s responsibility ability is the judge rather than the identificationexpert, the police should promote major criminal cases go to trial; understand the assessmentcriteria to identify and control capability, and exercise the full of the police’s right such as theright to know and to review on the expert opinion.The last part of the paper is about the police how to promote the identification of forensicpsychiatry smoothly. This section is starting from the problems of identification of forensicpsychiatry, contraposethe main problems existing and put forward the countermeasure andsuggestion, and to remind the police should pay attention to taboo issues in dealing with suchsuspected risk of illegal cases which mental patients have did, highlighting a huge role whichthe police played in promoting the identification of forensic psychiatry smoothly. |
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