| Crimes of persons with personality disorders in various countries have become serious social problems.Relevant research shows that in Europe and the United States,antisocial personality disorder accounts for 1-2% of the total population.Among criminal offenders,the proportion of personality disorder is more than 20% for first offenders,and 50-80% for recidivists and recidivists.The proportion of persons with a personality disorder in our country is low,and the proportion of offenders is about 15%.Actually,the proportion of persons with personality disorders in the population is not much different at home and abroad.The difference in the above figures may be caused by the identification of criminals who have personality disorders in the category of mental patients in China.According to the diagnostic criteria for personality disorders,no person with mental retardation or under 18 years of age can be diagnosed as a personality disorder,and those with personality disorders have a reduced ability to control,while their ability to identify is normal,their criminal ability and anti-detection ability are not weaker than the general population.,And low self-restraint,high personal dangers are its characteristics,easy to become a repeat offender.In most cases,this type of criminal group has its own structure and logic,and there is no mental patient’s crazy behavior in the traditional concept.Therefore,judicial practice should consider increasing the control and supervision of such people.Since 1993,once a person with a personality disorder commits a crime,if they are subjected to judicial psychiatric evaluation,they are mostly assessed as limiting their criminal liability,and they are sentenced to commutation;if they are not subjected to judicial psychiatric evaluation,the judicial practice is based on the personality criminal law The theory of learning: criminals with high personal dangers are to be sentenced to heavier punishments.It can be seen that,for the offenders who are also persons with a personality disorder,only two different contradictory results are obtained based on different channels for handling cases.This is a phenomenon that should not occur in statutory law countries.Therefore,this article discusses the causes based on this conflict and is effective.Resolution mechanism.Analysis of the source of the "leniency" treatment in the judicial psychiatric medical appraisal community: First,the subject of the assessment of criminal responsibility capacity is incorrectly positioned as a judicial psychiatrist medical appraiser.This professional group hasfailed and cannot correctly understand the essence of Article 18 of the Criminal Law The sexual content is more prominently manifested in the following: the medical elements applicable to the reduction and exemption of mental patients are mistakenly replaced by "mental illness" and "mental illness",and there is a problem of lack of legal system theory in the mixed elements of law and medicine.The core element of "legal mental illness" implied in the statutes has caused the application of this statute to be almost completely inconsistent with similar statutes of the two major legal systems;secondly,the domestic criminal law community has stated that it will bring Article 18 of the Criminal Law "Mental illness" was replaced by "mental illness",which made the range of mental illness too large,and a large number of patients with non-psychiatric mental disorders applied this clause to get commutation,and crimes are difficult to be punished by law.Such high-risk groups still cannot Get the necessary control,the cost of social justice loss is huge,and personality disorders are incorporated into the spirit The category of disease is a live example;again,because of the lack of clear standards for the control capacity disorder in Article 18 of the Criminal Law,the appraiser suspected of a long-term abuse of the control capacity disorder standard in assessing the criminal responsibility of persons with personality disorders.Most people with a personality disorder are assessed as having the ability to limit criminal liability with both the medical elements of "mental illness" and the combination of medical and legal elements of "control capacity disorder",so the commutation clause applies.Based on the analysis of the above reasons,this article briefly proposes the relevant assumptions for resolving the practice of forensic psychiatric medical identification that departs from the theory of law,and hopes to effectively resolve this real conflict.Distinguish "Medical Psychiatry" from "Legal Psychiatry" and define personality disorders that generally do not fall into the category of legal psychiatric disorders;the assessment standards for restricted control ability disorders;uniform judicial punishment standards for crimes against persons with personality disorders,that is,"personal criminal law" To comprehensively deal with theories and other relevant theories of criminal law;create a mix of multidisciplinary elements to assess criminal responsibility,including disciplines such as criminal law,judicial psychiatry,criminal psychology,and investigative science;change judicial psychiatrists’ identification,The status of the offside of the judge.In short,the judicial psycho medicine appraisal community and the judicial practice community should achieve unity in handling the results of the violation of criminal lawsagainst persons with personality disorders,and use severe criminal sanctions to curb behaviors of persons with personality disorders that endanger the society excessively and protect others from being unreasonable by such groups Violations. |
