| In recent years, as the amount of drug addicts is rising, the number of caseswhich defendants are in mental disorder after taking drugs is also rising.Because lack of explicit legal provisions about whether a crime shall bearcriminal responsibility for drug use in our county law, there are alwaysdivergences in dealing with aforesaid cases: is the person who has been mentaldisorders by drug use belong to mental patient? How to assess the capacity ofcriminal liability of this kind of people? Does this kind of people havesubjective intent to commit crime? Do we violate the law if we decide to makethis kind of people to undertake the legal responsibility? Aiming at abovedivergences, the paper analyzes the Deng’s intentional homicide who is in mentaldisorder because of usingdrugs,then summarize such following comprehensiveconclusions:1,if the defendant who had mental disorder by voluntarily takingdrugs committed a crime, he isn’t regarded as the mental patient in terms ofcriminal law;2,even this kind of defendants lose part or completely capacityof recognize or control their own conducts when they commit crimes, they shouldbe look as having full criminal responsibility according to the term of”actionlibera in cause”;3, this kind of defendants’ subjective element should be decidedby their state of mind when they take drugs, and their capacity of criminalresponsibility should be judged by the damage situation of their ability torecognize and self-control before they take drugs, we should not consider theircapacity of criminal responsibility on the moment of when they are committingcrime after taking drugs;4, giving these defendants criminal sanctions iscorrespond with the principle of “no penalty without a law”. Their convictionand punishment should be made according to the corresponding clause in specificprovision of criminal law.The last, the paper puts forward some legislativeproposals and ideas about drug addicts committing crimes. |
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