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目的:通过对癫所致精神障碍违法者犯罪学特征的分析,探讨刑事责任能力评定的主要因素。方法:采用自编鉴定案例登记表记录132例癫所致精神障碍违法者的犯罪学特征,按照有无刑事责任能力分两组进行犯罪学特征对照分析,应用Spearman相关法分析刑事责任能力与犯罪学特征的相关性,以刑事责任能力作为因变量,以犯罪学特征作为自变量进行Logistic回归分析。结果:无刑事责任能力组与有刑事责任能力组相比,在作案前有无诱发事件、作案动机、作案目的、作案后是否自称遗忘和作案后的反应5个方面的差异具有统计学意义(P均<0.01)。Spearman相关分析显示,有无刑事责任能力与作案动机(r=-0.464)、作案目的(r=-0.439)、诱发事件(r=-0.299)、作案后的反应(r=-0.226)、自称遗忘(r=0.231)之间存在显著相关。Logistic回归分析显示,作案动机(OR=0.581,P=0.004)、作案目的(OR=0.822,P=0.015)两个因素进入方程。结论:在癫所致精神障碍违法者的犯罪学特征中,作案动机和作案目的是评定刑事责任能力的主要因素,在今后的鉴定工作中应给予充分重视。
OBJECTIVE: To explore the main factors of the assessment of criminal responsibility through the analysis of the criminological characteristics of the criminals who suffer from epilepsy. Methods: A self-made case registration form was used to record the criminological characteristics of 132 violators of epilepsy-induced mental disorders. According to whether there were criminal responsibility, the criminal characteristics were compared between the two groups. Spearman correlation analysis was used to analyze the criminal responsibility and Correlation of criminological characteristics, the criminal responsibility as a dependent variable, with criminological characteristics as independent variables Logistic regression analysis. Results: Compared with criminal responsibility group, no criminal responsibility group had statistically significant differences in five aspects: whether there was any incident, premeditated motives, purpose of committing the crime, whether claiming to be forgotten after committing the crime and responding to the crime P <0.01). Spearman correlation analysis showed that there was no criminal responsibility and motivation (r = -0.464), the purpose of the crime (r = -0.439), the incident (r = -0.299), the reaction after the crime (r = -0.226) There was a significant correlation between forgetting (r = 0.231). Logistic regression analysis showed that motivation (OR = 0.581, P = 0.004) and the purpose of committing (OR = 0.822, P = 0.015) entered the equation. Conclusion: Among the criminological characteristics of offenders with mental disorders caused by epilepsy, the motivation for crime and the purpose of committing crimes are the main factors in assessing the criminal responsibility ability. In the future appraisal work, sufficient attention should be paid to it.