A criminal case occurred in Sichuan Normal University recently has been the focus of attention not only because an undergraduate has been killed by one of his roommate in a very cruel way, but also because the suspect’s mother claimed that her son has mental disease and used to commit suicide for twice, which according to the Criminal Law of China, may make the suspect free from the criminal responsibilities. A juvenile who commits a crime may not bear the criminal responsibilities or may be given a lesser punishment or a mitigated punishment has been accepted by most people. However, a mental patient also may not bear the criminal responsibility or be given a lesser punishment or a mitigated punishment in the criminal case has not been widely accepted in China.
Most people, just as the older brother of the deceased, are worried about that mental disease may be taken advantage by the suspect as an excuse to avoid criminal responsibility. And some people have a misunderstanding that once the suspect was a mental patient, he or she will definitely and absolutely not bear any criminal responsibility. I guess that’s why this campus criminal case attracted public attention.
Therefore, I want to make an explanation of the relevant legal provisions in the Criminal Law. Actually, the special provisions about criminal responsibilities on the juveniles and mental patients lie on the base that they both are persons limited in disposing capacity or with no disposing capacity, who are unable to recognize or control his or her own conduct just as an ordinary adult. And the provisions in the Criminal Law are specific to different circumstances as below:
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A mentally ill person who causes dangerous consequences when he/she is unable to recognize or unable to control his/her own conduct shall not bear criminal responsibility after being established through accreditation of legal procedures; but his/her family or guardian shall be ordered to subject him/her to strict surveillance and arrange for his/her medical treatment. When necessary, he/she will be given compulsory medical treatment by the government.
A person whose mental illness is of an intermittent nature shall bear criminal responsibility if he commits a crime during a period of mental normality.
A mentally ill person who commits a crime when he/she has not yet completely lost his ability to recognize or control his/her own conduct shall bear criminal responsibility but he/she may be given a lesser or a mitigated punishment.
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These provisions mean that not every the mental patient will definitely and absolutely bear no criminal responsibilities for the crime he or she commits. The decisive factor is the mental status of the mental patient at the time he or she commits the crime, instead of that of before or after. And even the mental patient commits the crime when he or she is mentally disabled, he or she will not bear criminal responsibilities on condition that he or she was totally unable to recognize or unable to control his/her own conduct.
According to the relevant provisions, the suspect’s family and defender could apply for accreditation for the mental status of the suspect, and the investigation organization, the procuratorate and the court is entitled to start the accreditation for the suspect or defendant under provided circumstances. The accreditation will be proceeded by qualified professionals from hospitals appointed by government at provincial level. And the accreditation report shall be presented in court and cross-examined during the court hearings. During these procedures re-accreditation will be started by the aforementioned parties and the victim or his or her family or agent of lawsuit if necessary.
These provisions show the progress of the criminal law in assurance of human rights, and of course, there are still efforts required to be made to improve the provisions and practice in criminal law area.