The Criminal Compulsory Medical Procedure Study

The criminal compulsory medical procedure is a special procedure to set up the new criminal procedure law, which is characterized in that the objective of the program is not the solution to the defendant or criminal suspect’s criminal responsibility, but decided on a special procedure and its applicability to mandatory medical measures.Article18,paragragh1,of the Penal Code:when mental patients isunable to recognize or control his own conduct,the harm caused by hisbehaviors of verification and confirmation by the statutory procedures,he shallnot bear criminal responsibility,but should order his family or guardian to makestrict custody and medical care;if necessary, forced by the government.This is the provision in our country substantive law,but for a long time without corresponding forced medical procedures, compulsory medical treatment of mental patients free from outside the rule of law. In judicial practice,performance, or deposited freely, let the mental patient continues to pose a threat to society; or off, do not start the judicial authentication or identification is not recognized as a mental patient, as normal prisoners to be held. The eleventh session of the National People’s Congress fifth conference passed the new revised "Criminal Procedure Law", in which a particular program is criminal forced medical procedures, will be the first criminal compulsory medical into litigation track, which is a great progress in the criminal legislation of our country, is of great significance to solve the problems in practice of compulsory medical problems in the field. However, the program still has some shortcomings in the legislation, in the judicial practice is still in the exploratory stage, with the development of practice, gradually exposed some problems. This article is precisely under such background, through referring to foreign advanced legislative experience, this program exists in legislation, the problems in practice gives the brief analysis, and put forward some opinions and suggestions on these problems, in order to implement compulsory medical procedure of criminal.