Research On The Issue Of Mental Illness Facts From The Perspective Of Criminal Defens

Crimes caused by mental illness,such as intentional injury crime,crime of theft,dangerous driving crime and so on,often occur.However,after a series of discussions about major criminal incidents,time has passed and eventually it has returned to silence.As is well known,mental illness itself belongs to a complex interdisciplinary field of psychiatry and psychology.Moreover,after mental patients commit crimes,combining it with law poses great challenges to the judicial appraisal of mental illness.In the criminal procedure law,while ensuring the punishment of crimes,with the international connection,the protection of human rights has also been increasingly valued.The determination of criminal responsibility for mentally ill offenders is an important part of the phase equilibrium between the two basic concepts of criminal proceedings.Article 18 of the Criminal Law establishes the criminal responsibility of mental illness offenders.The revised Criminal Procedure Law in 2012 added mandatory medical procedures for mental patients who do not bear criminal responsibility in accordance with the law,and the system for safeguarding the rights and interests of mental patients has gradually become complete.As a judicial appraisal of mental illness,the research on the construction of initiation procedures,the scope of appraisal,and the qualifications of appraisers have not received relative attention.The allocation of proof responsibilities and standards urgently need to be regulated.In the trial process of mental illness cases,judicial appraisal is conducted,and on this basis,the judge can make a reasonable judgment on the criminal responsibility of the mental illness offender.This article,from the perspective of criminal defense,mainly explores judicial appraisal and the determination of criminal responsibility of offenders.Firstly,through diagram analysis and data integration of 100 example of cases,analyzing the true situation of charges applicable to mental illness offenders in criminal defense for different types of cases,summarizing the initiation subject of judicial appraisal,repeated appraisal,and the adoption of appraisal opinions by judges,as well as the current situation of determining the criminal responsibility of mental illness offenders,and exploring the difficulties encountered in judicial appraisal at the practical operation level,Identify issues related to the determination of criminal liability capacity.Subsequently,the deficiencies and controversies in the judicial appraisal of mental illness crimes and the legal determination of criminal responsibility capacity in the theoretical community were integrated from the current situation.Taking the issue as a guide,analyze the institutional reasons for the problems behind the judicial appraisal of mental illness,as well as the nature of the interdisciplinary nature of judicial mental illness itself.Finally,taking into account the actual situation in China and drawing on the judicial practices of the Anglo American and Continental legal systems,this paper analyzes the experience and lessons learned from the allocation and standards of judicial mental illness appraisal procedures and burden of proof in the two major legal systems,and proposes more suitable judicial appraisal procedures and legal improvement suggestions for determining criminal responsibility,in order to better implement a balance between punishing crimes and protecting human rights in the criminal defense of mental illness crimes.