Study On The Procedure Of Police Handling Cases Of Mental Patients With Violent Behavior

For violent psychosis cases,there are three modes for police to arrange.In mode one,criminal compulsory medical procedure is applied directly when case happened;In mode two,ordinary criminal procedure is used before the criminal compulsory medical procedure;In mode three,the police apply ordinary criminal procedure,but the prosecutor or the court turn it into criminal compulsory medical procedure.There are many problems in mode two,so we mainly study mode two in order to put forward some measures.In mode two,some problems exist,such as rough law,loose connected procedures,and confused law enforcement.The specific problems are as follows: first,in the psychiatric assessment procedure,the "appointment" exists between the police and the judicial psychiatric institution,the transfer of identification materials is not timely,so that the time for restricting personal freedom is extended.Second,in the procedure of temporary protective restraint measures,the police have the power both to make decisions and enforce the law.The period and concrete measures are not stipulated by law.That makes it difficult for the police to be effectively supervised.Third,in the start-up procedure of compulsory medical treatment,the police would like to make use of the government’s power to make decisions about whether compulsory medical care is applied or not.what`s more,sometimes in this procedure,the ordinary criminal procedures end,but the criminal compulsory medical procedures have not started.Fourth,in the procedure of compulsory medical treatment,there are two difficulties: the applying for social institutions and the relieving for institutions under the police.To solve these problems,we follow two main lines.Time is one mainline.Police take different measures in different procedure after cases happen.They are the on-site disposal procedure after the case,the psychiatric appraisal procedure,the temporary protective restraint measure,the criminal compulsory medical treatment procedure.Another mainline is to take the risk assessment of each stage.so that the police can apply the procedure and take measures more persuasively.Through the analysis and research,the police can enforce the law accordingly,the freedom of violent psychosis is reasonably guaranteed.