A Study Of The Criminal Responsibility Of Persons With Mental Disorders

In China, persons with mental disorders are ignored.They stay away from the sight ofpeople all the time. During the theory research of Criminal Laws, the problems of personswho have mental disorders were left by academic circle. However,the trend of people withmetal disorders who made the violent crimes is extraordinary. It brings hidden worry tosociety and civil life. More and more people begin to notice mental disorder people—aspecial disadvantaged group. The discussion about mental disorder people’s criminalresponsibility in jurisprudential circle is becoming increasingly. Through furtherunderstanding, author, as a prison policeman, finding parts of imprisoned people have orused to have mental disorders. There are series of problems in front of author. Such aswhether the criminal understand the meaning and have the ability to accept trial, andwhether the criminal has been identified through judicature psychiatry appraisal beforeexecuting a punishment, and if the standards and procedures of judicature are reasonableand lawful, if the defendant pretends to have some serious mental disorders to avoid guiltyverdict, how to accurately predict the criminal responsibility of the criminal who has beenidentified a person with mental disorders, if there are circumstances that can or should begiven a lighter or mitigated punishment in the judgment, if criminal’s management andclassification treatment need to be treated differently. To solve these problems, accuratelypredication of criminal who has mental disorders must be done. The key of judgment liesin the legal standard and strict process of judicature psychiatry appraisal.And the appraisalresult of criminal responsibility is concerned with the protecting of the interests of peoplewho has mental disorders. It is also directly linked to the safeguarding of the law’sauthority and dignity, social fair and justice.This article’s point of penetration is Qiu’s case of intentional homicide and then goes on with the argument with the crime of people who has mental disorders. Author unitestwo practical cases concerning to mental disorder criminals who were put into prison forintentional homicide. It aims at discussing the judgment standards of the criminalresponsibility of persons with mental disorders deeply and analyzing present judicaturepsychiatry appraisal’s disadvantages in making of standard and procedure of persons withmental disorders and the problems of criminal reduce and relief profoundly. Combinedwith the actual problem, reasonable suggestions should be given to improve the level of thejudgment of criminal responsibility of persons with mental disorders and to further regulatejudicature psychiatry appraisal and earnestly safeguard the lawful rights of persons withmental disorders and to safeguard law’s fair and justice.