Research On The Implementation Of Criminal Compulsory Medical Procedure

In 2012,the Criminal Procedure Law was amended to add "compulsory medical treatment procedures for mental patients who are not responsible for criminal acts according to law",providing legal procedures for judicial organs to handle mental patients who commit criminal acts.Since then,the judicial interpretations issued by Court,as well as the Criminal Procedure Law amended again in 2018,have further improved the procedure of criminal compulsory medical treatment,making the operation of the procedure more scientific and reasonable.Criminal compulsory medical procedure is the general term of criminal litigation activities involving the initiation,trial and execution of compulsory medical treatment.Criminal compulsory medical procedures are socially defensible in terms of protecting the public from illegal attacks by mentally ill people;It is mandatory and medically helpful for the mentally ill themselves;From the development and implementation of the procedure itself is more flexible than the ordinary procedure.Criminal compulsory medical procedures are flexible in terms of the formulation and implementation of the procedure itself.The criminal compulsory medical procedure has the value of protecting the legitimate rights and interests of victims and compulsory medical patients,realizing procedural justice and improving the efficiency of proceedings.The criminal compulsory medical procedure has been implemented for more than ten years,and has achieved considerable results.The development of its judicial process is worthy of affirmation.However,there are still many omissions and unreasonableness in the implementation of criminal compulsory medical procedures.Through the review of the status of the implementation of compulsory medical procedure,trial,execution and lifting,the problems mainly include: in the start-up procedure,the procedure initiation standard is fuzzy,the temporary protective restraint measures are not perfect,and the conversion mechanism between compulsory medical procedure and the general procedure is not clear;In trial proceedings,the composition of judges is not reasonable,the manner of trial is not clear,and there is a lack of relief for those who have been decided to undergo compulsory medical treatment;In the execution procedure,the medical execution agency is not clear,the medical execution agency lacks financial guarantee,and the execution supervision work of the procuratorate is not in place.In the procedure of rescission,there are some problems such as difficult rescission,unclear conditions and lack of relief right in rescission application.In view of the problems in the implementation of criminal compulsory medical procedures,it is urgent to formulate scientific solutions.Studying foreign countries’ compulsory medical procedures can provide reference for improving our country’s compulsory medical procedures.In the aspect of starting procedure,the conditions of starting can be clarified by perfecting appraisal procedure and judging standard.To standardize the scope of application and term of constraint of temporary protective restraint measures;We will improve the mechanism for connecting compulsory medical procedures with ordinary procedures.In terms of trial procedure,the introduction of professionals as people’s assessors based on the mental health referee system in Japan has made the judicial personnel structure more reasonable;Draw lessons from America’s differentiated transfer model to clarify the way of trial;Uphold the principle of closed trial;The means of relief for appeal and protest shall be increased.The establishment of specialized medical execution institutions in the area of procedures;Increase government funding;According to the different personal risk of mental patients,set up a variety of execution measures;Optimize the subject of execution supervision and enrich the way of execution supervision to strengthen medical execution supervision.In terms of rescission procedures,normalization of rescission evaluation;Clarify the conditions for rescission with scientific and quantitative standards;Finally,reconsideration and appeal are added as relief channels for refusing to accept the decision of continuing compulsory medical treatment.